Can I Petition the Court for a Temporary Change to Our Existing Custody Agreement?
Yes. In fact, during COVID-19, the Kentucky Supreme Court actually entered an emergency order that said they can issue an immediate temporary order regarding custody in an urgent event. If one of the parents has been diagnosed with COVID, if a person in one of the parent’s homes has been charged with a serious crime, if CPS has an ongoing case—these events or similar circumstances merit a judge making a temporary modification pending a more permanent modification. This aims to remove the child from potentially serious harm they might face if the status quo were maintained for a longer period of time than it would take for the parties to await mediation or another court date. It can often take months for a modification to fully play out. This emergency order allows judges to review any pressing situations that put the child at risk during what Kentucky calls motion hour every week. Therefore, it’s possible to modify existing custody agreements, but the circumstances must call for such a change.
I Lost My Job and I Am the One Who Pays Child Support. What Can I Do?
If you lost your job, it’s extremely important to let the court know through your attorney or through other resources so that you can be directed to file a motion as close to your job loss as possible. Even in times like COVID-19, where it may not be possible for a person to regain a job in the near future due to their industry or whatever, a court can only modify child support if there is a pending motion to do that, and they can only go back to the date of that motion. It’s extremely important, therefore, that you contact us. Some people are put in a position where they might be worried about even affording our services to get that motion filed. It is usually not cost-prohibitive to file that single motion and preserve the record so that you can get some relief long-term. If a potential client contacts us through our website, we can direct them on how to file that motion and then they can retain us at a later date if they need us to represent them at a hearing or at mediation, wherever their case may go.
The most important step after a job loss is to get a motion docketed so that the court can resolve the issue, whether it takes days, weeks, or months for the parties to work through.
For more information on Family Law in Kentucky, an initial consultation is your best step. Get the information and legal answers you are seeking by calling (502) 512-0024 today.
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