Life can change after your divorce is final. Your parenting schedule may no longer fit your family’s needs. Your income may shift or your former spouse’s financial situation may change. When that happens, you may wonder how soon you can ask a Kentucky court to change your divorce order.
The answer can depend on what you want to change. Kentucky law does not set one waiting period for every type of modification. Instead, different rules may apply to custody, child support and maintenance.
When can you request a custody modification?
Custody changes can have specific timing rules. Kentucky law generally restricts a motion to modify custody filed within two years after the custody decree. However, the court may consider an earlier request in certain circumstances.
To request a custody modification within two years of the decree, Kentucky law generally requires affidavits demonstrating that the child’s current environment seriously endangers their physical, mental, moral or emotional health or that the child was placed with a de facto custodian.
The timing of your request, therefore, may depend on more than the date of your divorce. The circumstances behind the requested change can also play an important role.
When can you request child support changes?
Child support may follow different rules. Under Kentucky law, you may have grounds to request a change when circumstances have changed enough to meet the legal standard for modification.
Changes in income, employment or the needs of your child could potentially affect the amount of support. The law also addresses health care orders related to child support.
You may want to look at the facts that led to the requested change rather than simply counting the months since your divorce.
When can you request maintenance changes?
Maintenance, sometimes called spousal support, also has its own rules. The state addresses the modification or termination of maintenance under certain circumstances.
Your divorce order may also contain terms that affect when and how maintenance can change. As a result, the language of your original order could play a role in determining your options.
When can a court approve your request?
Being able to request a modification does not necessarily mean the court will approve it. You may need to show that circumstances have changed enough to satisfy the requirements that apply to your specific request.
For that reason, the date of your divorce may provide only part of the answer. A significant change in your family, finances or other relevant circumstances could make timing more important than simply waiting for a certain period.
How a change in circumstances may affect your timing?
If something significant has changed since your divorce, you may have a reason to explore modification sooner rather than assuming you must wait. Kentucky law treats custody, child support and maintenance differently, so the right timing can depend on the order you want to change and the facts behind your request.
Know what has changed before you file
Your divorce order sets the starting point, but later events may create a basis for a post-divorce modification. Reviewing what changed, when it changed and which part of the order it affects may help clarify whether a request could fit Kentucky’s requirements.