Kentuckians paying the most support are non-custodial parents with high incomes. The biggest receivers are low-income parents with primary physical custody and a high-earning payer. We refer to the method as "income shares only" since Kentucky lacks a well-defined way of adjusting payments for the exact amount of parenting time each parent contributes. Kentucky calculates child support amounts using an income shares formula that includes gross monthly income and health care premiums for children.
The guidelines do not mention parenting time as a valid claim for deviating from the state guidelines. Any decision to adjust child support is up to the particular family court. The Kentucky legislature enacted Child Support Guidelines for calculating child support payments.
Judges may deviate from the guidelines for good cause, but a judge must include the reason for the deviation in the child support order. Once a judge signs a child support order, the court only changes the obligation of the supporting parent if a party can prove a material change in circumstances.
Kentuckian child support guidelines apply to the whole state, including the cities of Louisville, Lexington, Bowling Green, Owensboro and Covington.
Variations in support payments may be made by the agreement of parents or at the discretion of a judge presiding over your case. In Kentucky, both parents have a financial responsibility to support their child or children , but typically, only the non-custodial parent makes payments. This is because the law assumes the custodial parent —the parent who lives with the child most of the time—spends the required amount of child support directly on the child. The amount of child support ordered in your case will depend on each parent's income and the number of children requiring support.
Kentucky has enacted child support guidelines, or rules, for calculating support. You can estimate your fair share of support by accessing Kentucky's child support calculator.
In addition to the amount determined by the guidelines, parents must also share the child's health and childcare costs and may need to cover other expenses, like those required for the child's education. In Kentucky, child support payments will continue until the child turns 18, or until 19 if the child is still in high school.
Parents divide these payments between themselves proportionally, based on their individual incomes. While parents may agree to pay an amount different from the guidelines, or wish to split it another way, they need a court's approval to do so. Likewise, a court can either decrease or increase the amount of child support if the guideline amount is unfair to the parent or does not meet the child's financial needs.
To help you calculate support payments, the state provides worksheets and an online child support estimator. To begin, you need to know both parents' gross incomes. This includes a parent's salary, wages, bonuses and commissions from a job, but also any military pension or severance pay. It is also money that comes from any royalties, dividends, or a trust, among other things.
See Ky. Even an unemployed parent likely has income for child support purposes in the form of social security, workers' compensation, unemployment or disability benefits. Gifts, prizes, and spousal support or alimony received count too. There are a few benefits to exclude, however, like means-tested public assistance, including food stamps.
A court could also assign potential income to a deadbeat parent— someone who is voluntarily unemployed or underemployed—unless that parent has a good reason for working less or not at all. For example, if a disability prevents a parent from working, then a court will not hold this parent responsible for additional income. Also, a court will not impute income to a parent who cares for a young child.
The other reasons are:. It provides a fair way to establish your child support amounts. It is compliant with Kentucky legislation. Clagett and Barnett have years of helping parents obtain a fair amount of child support. An experienced attorney that will fight for your rights to obtain the justice that your family deserves.
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