How to Modify Child Support or Custody After Divorce in Kentucky

Divorce decrees are not permanent when it comes to children. Kentucky law recognizes that circumstances change — jobs are lost, children's needs evolve, parents relocate. Both child support and custody orders can be modified after the divorce is finalized, but the court requires you to meet specific legal standards before it will change an existing order.

Modifying Child Support in Kentucky

Under KRS 403.213, either parent can petition the court to modify child support when there has been a material change in circumstances that is substantial and continuing.

What qualifies as a material change:

• A significant increase or decrease in either parent's income (job loss, promotion, disability, retirement)
• A change in the child's needs (medical expenses, educational costs, extracurricular activities)
• A change in the parenting time schedule that substantially alters each parent's overnight count
• A change in health insurance costs or availability
• The child reaching an age where daycare is no longer needed

Kentucky also has an automatic review threshold: if running the current incomes through the child support guidelines produces a number that differs from the existing order by 15% or more, the court presumes a material change exists.

How to file:

1. File a Motion to Modify Child Support in the Circuit Court (or Family Court division) where the divorce was granted — same case number
2. Complete the AOC-238 (Child Support Worksheet) using both parents' current incomes
3. Attach documentation of the changed circumstances (pay stubs, tax returns, medical bills, proof of job loss)
4. Serve the other parent with the motion
5. Attend the hearing — the Domestic Relations Commissioner or judge will recalculate support using the current guideline formula

Effective date: Modified child support in Kentucky is typically effective from the date the motion is filed, not the date of the hearing or the date the order is entered. This means if you file in January and the hearing is not until April, the new amount may be backdated to January.

Cost: Filing fee for a post-decree motion is typically $20 to $50. The Kentucky Division of Child Support (CHFS) can also file modification petitions on behalf of custodial parents at no cost — contact them at 1-800-248-1163.

Modifying Custody in Kentucky

Custody modifications follow a different — and intentionally higher — standard than child support changes. Kentucky courts prioritize stability for children, so you cannot simply request a different arrangement because you prefer it.

The legal standard (KRS 403.340):

For modifications within the first two years after a custody order: you must show, by clear and convincing evidence, that the child's present environment endangers their physical, mental, or emotional health, and that the benefits of the change outweigh the harm of disrupting stability.

After two years: the standard relaxes to a "best interests of the child" analysis, but you still need to demonstrate a material change in circumstances. The court considers:

• Each parent's wishes
• The child's wishes (given appropriate weight based on age and maturity)
• The child's relationship with each parent, siblings, and other significant people
• The child's adjustment to home, school, and community
• Each parent's mental and physical health

Common grounds for custody modification:

• A parent's relocation that substantially changes the logistics of the existing schedule
• A parent's substance abuse, domestic violence, or criminal conduct
• A significant change in the child's needs (special education, mental health treatment)
• A parent's consistent failure to exercise their parenting time
• The child's own preference, particularly for teenagers

How to file:

1. File a Motion to Modify Custody in the original court
2. Include a detailed affidavit describing the changed circumstances
3. Serve the other parent
4. The court will likely order mediation before scheduling a contested hearing — Kentucky strongly favors mediated resolutions for custody disputes
5. If mediation fails, the case goes to a hearing where both parents present evidence

Timeline: Custody modification cases take longer than child support — expect 3 to 6 months from filing to resolution, and longer if the case is contested and requires a guardian ad litem investigation.

When the Other Parent Moves

Kentucky requires a custodial parent to provide written notice to the other parent at least 60 days before relocating (KRS 403.340(5)). If the relocation would significantly affect the existing custody arrangement — such as moving out of state — the non-relocating parent can file a motion to prevent the move or to modify the custody schedule.

The relocating parent bears the burden of proving that the move serves the child's best interests and that a modified schedule can adequately preserve the child's relationship with both parents.

Modification vs. Enforcement

Modification changes the order. Enforcement forces compliance with the existing order. They are different legal actions, and confusing them wastes time and money.

If your ex-spouse is not following the current custody schedule, you need an enforcement motion (contempt), not a modification. If the current schedule no longer works because circumstances have changed, you need a modification.

The Kentucky After-Divorce Checklist includes deadline trackers for both child support review dates and custody modification notice requirements.

See more Kentucky guides →