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Can Child Support Services Overrule a Court Divorce Order for Child Support?

Can Child Support Services Overrule a Court Divorce Order for Child Support?

Q: How often is child support recalculated?

Child support can be recalculated whenever there is a significant change in circumstances, such as a change in income, job loss, or changes in the child's needs. Many states also provide for a formal review every three years. Parents should file a request for modification with the court to initiate a recalculation.

Full question:

If the divorce agreement states that the other party will not pay chart support, can the child support office override this agreement?

Category: Divorce
Subcategory: Child Support
Date: 04/07/2025
State: Kentucky

Answer:

If there is a support order for your child(ren), either parent (any person who has physical custody of the child) has the right to send a written request for a review of the order for possible modification if there is a continuing change in circumstances that may increase or decrease the monthly support obligation by 15% or more. A review for possible modification is an objective review of a child support order to determine if the order is fair and based on the Kentucky Child Support Guidelines.

Child support enforcement services are automatically provided to current and former recipients of K-TAP and public medical assistance. Your K-TAP caseworker will refer your case to the appropriate child support office.

If you are not receiving K-TAP or medical assistance, you can apply for child support enforcement services by completing an application (Form CS-33) for services.

The Child Support Fact Sheet (Form CS-37) explains the child support services available to a non-KTAP applicant.

Please see the information at the following links:

http://chfs.ky.gov/NR/rdonlyres/A02A1CA5-3E6A-4615-8422-5E4D898C91D0/0/CS37REVISED.doc
http://chfs.ky.gov/dis/cse.htm
http://www.lrc.ky.gov/krs/403-00/chapter.htm
http://www.acf.hhs.gov/programs/cse/pubs/reports/litigation/ch04.html

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the Minnesota law on child support?

In Minnesota, child support is determined based on the income of both parents and the needs of the child. The state uses guidelines that consider factors such as each parent's income, the number of children, and any special needs. Parents can request modifications if there is a significant change in circumstances, such as a job loss or change in income. It's essential to follow the court's order regarding child support payments, as failure to do so can lead to enforcement actions.

How often does child support get evaluated?

Child support orders can be reviewed and evaluated every three years in many states, including Kentucky. However, either parent can request a review sooner if there is a significant change in circumstances, such as a change in income or employment status. This review assesses whether the current support amount is still fair and meets the child's needs.

Can you refuse to pay child support in the USA?

No, you cannot refuse to pay child support in the USA. Child support is a legal obligation established by a court order. Failing to pay can result in serious consequences, including wage garnishment, loss of driver's licenses, or even jail time. If you believe you cannot pay the ordered amount, you should seek a modification through the court rather than refusing to pay.

Can I keep my kids from their dad if he doesn't pay child support?

No, you cannot legally withhold visitation or access to the other parent based on unpaid child support. Child support and custody/visitation are separate legal issues. If the other parent is not paying support, you should address this through the child support enforcement agency or the court, rather than denying access to the children.

How often should child support be recalculated?

Child support should be recalculated whenever there is a significant change in circumstances, such as a change in income or job status. In many states, a formal review can occur every three years, but parents can request a recalculation sooner if needed. It's important to follow legal procedures to ensure any changes are recognized by the court.