COMMONWEALTH OF KENTUCKY
______ CIRCUIT COURT – FAMILY DIVISION
CASE NO. ______
(Assigned by Clerk)
IN RE THE MARRIAGE OF:
[PETITIONER’S FULL NAME]
Petitioner
and
[RESPONDENT’S FULL NAME]
Respondent
VERIFIED PETITION TO MODIFY CHILD SUPPORT ORDER
(Filed Pursuant to Ky. Rev. Stat. Ann. §§ 403.212 & 403.213)
Effective Date: [MM/DD/YYYY]
[// GUIDANCE: This template is drafted for use in Kentucky Family Courts. Replace every bracketed placeholder before filing. Attach the most recent Administrative Office of the Courts (“AOC”) Child Support Worksheet and required financial disclosures.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation (Intentionally Limited)
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
XI. Certificate of Service
I. DOCUMENT HEADER
-
Parties.
1.1 Petitioner: [Petitioner’s Legal Name], residing at [Address].
1.2 Respondent: [Respondent’s Legal Name], residing at [Address]. -
Prior Orders.
2.1 Date of Original Child Support Order (“Current Support Order”): [MM/DD/YYYY].
2.2 Court of Original Entry: [County], Kentucky Circuit Court – Family Division, Case No. [______]. -
Jurisdiction & Venue.
3.1 This Court has continuing, exclusive jurisdiction under KRS Chapter 403 because the child(ren) have resided in Kentucky for more than six (6) months, and neither party has objected to venue. -
Child(ren) Covered.
4.1 Name(s) and Date(s) of Birth:
a. [Child 1 – DOB]
b. [Child 2 – DOB]
c. [Additional Children]
II. DEFINITIONS
For purposes of this Petition, capitalized terms have the meanings set forth below. Undefined terms shall be given their ordinary meaning under Kentucky law.
“AOC Worksheet” – The Child Support Worksheet promulgated by the Kentucky Administrative Office of the Courts, Form AOC-D-154, as amended.
“Current Support Order” – The child-support obligation previously entered on [MM/DD/YYYY].
“Guidelines” – Kentucky Child Support Guidelines codified at Ky. Rev. Stat. Ann. § 403.212.
“Material Change” – A change in circumstances that results in a 15% or greater variation from the amount of child support calculated under the Guidelines, as provided in Ky. Rev. Stat. Ann. § 403.213(1).
“Modified Support Order” – The revised child-support obligation sought herein.
“Parties” – Collectively, the Petitioner and Respondent.
III. OPERATIVE PROVISIONS
3.1 Request for Modification.
Petitioner respectfully petitions the Court to enter a Modified Support Order recalculating child support in accordance with the Guidelines because a Material Change has occurred since entry of the Current Support Order.
3.2 Calculation & Amount Requested.
a. Combined Monthly Gross Income (per attached AOC Worksheet): $[______].
b. Percentage variation from Current Support Order: [__]% (≥ 15% threshold met).
c. New monthly child-support obligation (per Guidelines): $[______].
3.3 Effective Date.
Petitioner requests that the Modified Support Order be effective retroactive to the date of filing of this Petition, consistent with Ky. Rev. Stat. Ann. § 403.213(3).
3.4 Income Withholding Order.
Petitioner further requests entry of an immediate income-withholding order pursuant to Ky. Rev. Stat. Ann. § 403.280 to facilitate wage garnishment of Respondent’s support obligation.
3.5 Health-Care Coverage & Uninsured Expenses.
a. Allocation of insurance premiums: [Petitioner / Respondent / Pro rata].
b. Uninsured medical/dental/vision expenses to be shared [percentage split].
3.6 Tax Exemptions.
Petitioner requests allocation of federal and state child-dependency exemptions as follows: [allocation plan].
[// GUIDANCE: Attach updated pay stubs, tax returns, proof of childcare and health-insurance expenses, and any other documentation required by local rules.]
IV. REPRESENTATIONS & WARRANTIES
4.1 Petitioner represents, under penalty of perjury:
a. Petitioner’s gross monthly income is accurately stated in the AOC Worksheet.
b. The stated Material Change occurred on or about [MM/DD/YYYY].
c. The child(ren) reside primarily with [custodial parent].
d. No other action involving custody or support of these child(ren) is currently pending in any jurisdiction except as disclosed herein.
4.2 Survival.
These representations shall remain true through the adjudication of this Petition.
V. COVENANTS & RESTRICTIONS
5.1 Duty to Supplement.
Each Party shall promptly supplement financial disclosures if any material information becomes inaccurate prior to final hearing.
5.2 Restriction on Transfers.
Neither Party shall make any transfer or disposition of assets outside the ordinary course of living that would materially impair that Party’s ability to satisfy the Modified Support Order.
VI. DEFAULT & REMEDIES
6.1 Events of Default.
a. Failure to timely submit required financial disclosures.
b. Failure to comply with any interim support orders of the Court.
6.2 Remedies.
Upon default, the non-defaulting Party may seek:
i. Contempt sanctions, including fines and incarceration;
ii. Wage garnishment and interception of tax refunds;
iii. Attorneys’ fees and costs incurred in enforcement; and
iv. Any other relief authorized under KRS Chapter 403.
VII. RISK ALLOCATION
[// GUIDANCE: Indemnification is “not_applicable,” and liability caps are dictated by statutory income percentages. This section is intentionally limited.]
7.1 Statutory Limitation.
Child-support liability shall not exceed the amounts determined under the Guidelines unless the Court makes specific findings justifying deviation.
VIII. DISPUTE RESOLUTION
8.1 Governing Law.
This matter is governed by the laws of the Commonwealth of Kentucky, including but not limited to Ky. Rev. Stat. Ann. §§ 403.212 – 403.213.
8.2 Forum Selection.
Exclusive venue lies in the [County] Circuit Court – Family Division.
8.3 Arbitration.
Arbitration is not available for child-support determinations under Kentucky law.
8.4 Jury Waiver.
Jury trials are not authorized in domestic-relations matters relating to child support.
8.5 Injunctive Relief.
The Court retains authority to enter income-withholding orders and any other equitable relief necessary to enforce child-support obligations.
IX. GENERAL PROVISIONS
9.1 Amendments & Waivers.
Any amendment to this Petition must be in writing, signed by the filing Party, and approved by the Court.
9.2 Severability.
If any provision is held invalid, the remaining provisions shall remain enforceable to the fullest extent permitted by law.
9.3 Integration.
This Petition, together with all exhibits and attachments, constitutes the complete request for relief now sought.
9.4 Electronic Signatures.
Signatures transmitted via facsimile, PDF, or other electronic means shall be deemed originals for all purposes permitted under KRS Chapter 369, the Kentucky Uniform Electronic Transactions Act.
X. EXECUTION BLOCK
Signed and verified under penalty of perjury pursuant to Ky. R. Civ. P. 11 and KRS 523.030.
DATED: ___, 20_
[PETITIONER’S PRINTED NAME]
Petitioner
State of Kentucky )
County of _ ) SUBSCRIBED AND SWORN before me on this _ day of _, 20 by ________.
Notary Public
Commission No. _
My commission expires: ____
[// GUIDANCE: Depending on local practice, notarization may be replaced by a “Verified Petition” signature block compliant with CR 11.]
XI. CERTIFICATE OF SERVICE
I certify that on ___, 20_, I served a true and correct copy of this Petition, together with all attachments, by:
☐ U.S. Mail – First Class, postage prepaid
☐ Hand Delivery
☐ Certified Mail, Return Receipt Requested
☐ Electronic filing/ service system
to:
[Respondent’s Name & Address]
and/or Respondent’s counsel of record, [Attorney Name].
[PETITIONER/COUNSEL SIGNATURE]
[// GUIDANCE: Attachments Checklist]
1. AOC Child Support Worksheet (AOC-D-154).
2. Petitioner’s most recent three (3) pay stubs.
3. Last two (2) years of federal and state tax returns with all schedules.
4. Proof of childcare and health-insurance costs.
5. Proposed Order Modifying Child Support (separate document for the Court’s signature).