What Counts as a Material Change in Circumstances for Child Support in Kentucky
To modify Kentucky child support you must show a material change that is substantial and continuing. A 15% change in the guideline amount is rebuttably presumed to be one, and only installments after you file can change.
What is a material change in circumstances for child support in Kentucky?
The decree can be modified only on a showing of a material change in circumstances that is substantial and continuing (KRS 403.213(1)). The statute does not list changes. A one-off drop, such as a short layoff, is unlikely to be “continuing”; a lasting job change, a new custody pattern or a change in the children’s needs may be.
What is the 15% presumption?
Applying the guidelines to the parties’ circumstances at the time of the motion, a result that changes the amount of support due per month by 15% or more is rebuttably presumed to be a material change. A result under 15% is rebuttably presumed not to be (403.213(2)). The Kentucky child support modification calculator treats exactly 15% as meeting it.
| Existing order | Presumed material if the guideline is at or above | or at or below |
|---|---|---|
| $500 | $575 | $425 |
| $800 | $920 | $680 |
| $1,200 | $1,380 | $1,020 |
| $2,000 | $2,300 | $1,700 |
With an $800 order a guideline amount of $1,000 is 25% higher and meets it, and $920 meets it exactly.
Can the Kentucky 15% presumption be rebutted?
Yes, in both directions. A 15% change can be shown not to be substantial and continuing, and a smaller change can be shown to be a material, substantial and continuing change. The word “rebuttably” appears in both sentences of the statute.
Who can ask for the Kentucky guidelines to be applied?
The parent, the custodian or the agency substantially contributing to the child’s support may use the guidelines as the basis for periodic updates of support obligations and for modification (403.213(1)).
What is the Kentucky minimum order?
The minimum amount of child support is $60 per month, except as provided for shared parenting time (KRS 403.212(6)). That floor matters for very low incomes.
From what date can the order change?
Only for installments accruing after the filing of the motion (403.213(1)). Every month before the filing is lost:
| Monthly difference | Lost after 6 months | Lost after 12 months |
|---|---|---|
| $100 a month | $600 | $1,200 |
| $200 a month | $1,200 | $2,400 |
| $400 a month | $2,400 | $4,800 |
Federal law also bars retroactive modification of support already due (42 U.S.C. 666(a)(9)).
What do material, substantial and continuing each add?
The statute asks for a material change that is substantial and continuing. The 15% presumption speaks only to material; the court still asks whether the change is substantial and whether it is continuing. A parent who relies on the presumption should also bring proof that the change will last, such as a signed job offer or a medical statement (KRS 403.213(1)).
Who carries the burden when the presumption applies?
The statute says a 15% result is rebuttably presumed a material change and a result under 15% is rebuttably presumed not to be one (403.213(2)). In practice that means the party who benefits from the presumption starts ahead and the other side must bring evidence to rebut it.
Do I need an expert to run the guidelines?
No. The guidelines are a statute and a table, and a court applies them to the circumstances of the parties at the time of the motion (KRS 403.212). Use the Kentucky calculator to estimate and bring the worksheet the court requires.
What happens next?
Read how to modify child support in Kentucky for the filing steps, and check what stays owed with the Kentucky arrears calculator.
Frequently asked questions
What is the 15% rule for Kentucky child support modification?
A guideline change of 15% or more in the monthly amount is rebuttably presumed to be a material change.
Does a Kentucky change have to be continuing?
Yes. The material change must be substantial and continuing.
Who can use the Kentucky guidelines for a modification?
The parent, the custodian or an agency substantially contributing to the child's support.
What is the Kentucky minimum child support?
$60 a month, except as provided for shared parenting time.
From what date can Kentucky child support change?
Only for installments accruing after the filing of the motion.
Official sources
- KRS 403.213: modification, emancipation and death of a parent
- KRS 403.212: child support guidelines; potential income; $60 minimum
- KRS 360.040: interest on judgments, including child support
- 42 U.S.C. 666(a)(9): no retroactive modification of support already due
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Kentucky statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Kentucky attorney.