Are you searching for an attorney to help with modifications to a divorce, child custody and parenting time, or support order in Shepherdsville, Mount Washington, Shelbyville, Taylorsville, Radcliff, Elizabethtown, Jeffersontown or Louisville, Kentucky?
They say the only constant in life is change, and changes in your own life’s circumstances and those of your child(ren) can require the post-decree modification of your divorce orders involving:
- Child custody and parenting time
- Child support
- Maintenance or spousal support
- Family Court enforcement or a “contempt action”
Is your former spouse failing to comply with the orders issued at the conclusion of your divorce? If so, the Law Offices of John Schmidt & Associates can work to resolve the situation or file a “contempt action” with our Family Court. These types of contempt actions can relate to any matter within the divorce but often come out of missed child support or maintenance/spousal support payments or the failure to follow established parenting time schedules. They may also be the result of a significant development like the loss of a job or illness.
My name is John Schmidt, and after more than 25 years of experience as a family law attorney, I can tell you that most clients just want to get the other party back into compliance with the original orders. There’s always some excuse the other party hasn’t complied with those orders.
It often requires the Court’s involvement to get things back on track and to cover the expenses required to pursue the contempt action. In other cases, the Court may order a change in child custody and parenting time schedules to provide our clients with additional time with their child(ren) in response to the time they have lost due to the contemptuous acts of the other parent.
Post-Decree Modification of Child Custody, Parenting Time or Child Support
Post-decree modification of child custody, parenting time, or child support is quite common. However, our Family Court requires a significant change in the “Status Quo,” the circumstances that existed at the time the orders were initially put in place.
Modifications to a divorce, child custody and parenting time, or support order require documentation of significant change in the Status Quo. This can involve the loss of a job or a substantial raise. It may relate to changes in the life or health of a child or one of the parents sharing custody. One of the parents may wish to relocate out of the area or move out of the State of Kentucky altogether. In other cases, a parent may move into the school district or closer to their child(ren) in order to improve the chances of increased parenting time. There might be a significant change in the behavior of one of the parents, such as alcohol abuse, a DUI, drug addiction, or the presence of abuse or domestic violence. These matters often involve a change in a child’s behavior resulting in poor grades, health issues, or even an attempted disruption of communications or time with the other parent (often called “parental alienation”).
Any change in the parenting time schedule or the income(s) of either parent may result in a change in the Status Quo that is worthy of reviewing and modifying child support as well.
Post Decree Modification of Maintenance or Spousal Support
Modification of maintenance or spousal support here in Kentucky is often a complex matter. The existing spousal support orders were based upon a large number of factors at the time of the divorce. Usually, the Court establishes a period in which the recipient is to become self-sustaining. What happens if the recipient is unable to become self-sufficient in that time frame? What if one or both of the parties remarries? Modification of maintenance or spousal support may also result from a significant change in household income for either the payor or the recipient.
If you need help with modifications to a divorce, child custody and parenting time, or support order in Jefferson, Bullitt, Hardin, Spencer, Shelby or Oldham County we invite you to contact us via e-mail, schedule an appointment or call us today at (502) 509-1490 to get answers to your questions and to learn more about your unique circumstances and how to protect what is most important to you in your family law case.
