Kentucky c hild support ensures children receive financial support from both parents, regardless of custody arrangements. Kentucky has specific guidelines and laws that determine how much child support should be paid and how these payments are calculated.
How Kentucky Child Support Guidelines Work
Kentucky child support is calculated using established guidelines that create a fair system for determining support amounts. The Kentucky child support guidelines use an "income shares" model, which means both parents contribute to their child's financial needs based on their combined monthly adjusted parental gross income.
The basic principle behind Kentucky's system is that children should receive the same proportion of parental income they would have received if their parents stayed together. This approach considers the number of children requiring support and each parent's ability to pay.
The amount of child support is determined by looking at both parents' gross income, then applying specific percentages based on how many children need support. For one child, the guidelines typically allocate about 20% of the combined parental income for child support obligations.
Income for Child Support Calculations
When calculating child support in Kentucky, courts examine all sources of income, not just wages from employment. Gross income includes salary, bonuses, overtime pay, commissions, retirement benefits, unemployment compensation, workers' compensation, disability benefits, and even certain gifts.
If a parent is unemployed or working below their capacity, the court may use "potential income" instead of actual earnings. Potential income is based on what a parent could reasonably earn given their education, work history, skills, and local job market conditions.
However, potential income isn't used in three specific situations: when a parent is physically or mentally incapacitated, when a parent is incarcerated, or when a parent is caring for a child under age four that both parents are legally responsible for.
Basic Child Support Calculation Process
Kentucky child support is calculated using a systematic approach. First, both parents' gross monthly income is determined. Then, certain deductions are applied to reach the combined monthly adjusted parental gross income.
Allowable deductions include court ordered spousal support payments to previous relationships, child support payments for other children from different relationships, and mandatory retirement contributions. These deductions help ensure the calculation reflects each parent's actual available income.
The guidelines then provide a base child support amount based on the combined income and number of children. This base amount is divided between parents according to their proportional share of the total income.
Additional expenses like health insurance premiums, childcare costs, and extraordinary medical expenses are added to the base support amount. These costs are also divided proportionally between parents based on their income percentages.
Special Custody Arrangements and Child Support
Kentucky recognizes that different custody arrangements affect child support calculations. When parents share significant parenting time, the guidelines include adjustments to account for the additional expenses both parents incur.
For shared parenting arrangements where each parent has the child for at least 88 days per year, Kentucky applies a shared parenting adjustment. This credit reduces the support obligation for the paying parent, with the credit amount ranging from 15% to 50% depending on the number of overnight visits.
In split custody situations where siblings live with different parents, child support is calculated separately for each household. The parent with the higher obligation pays the difference to the other parent. Kentucky's definition requires that each parent has sole physical custody and decision-making authority for the children living with them.
Minimum and Maximum Child Support Amounts
Kentucky establishes a minimum child support amount of $60 per month unless a judge determines this would be inappropriate or unfair. This minimum ensures some level of financial contribution from both parents regardless of income levels.
For high-income families where the combined monthly adjusted parental gross income exceeds the guideline tables, judges have discretion in setting appropriate support amounts. In these cases, courts focus more on the children's actual needs rather than strictly following percentage formulas.
Health Insurance and Additional Expenses
Both parents share responsibility for their children's health insurance costs. The parent providing health insurance coverage receives credit against their child support obligation for the children's portion of the premium costs.
Extraordinary medical expenses exceeding $250 per year per child are shared proportionally between parents based on their income percentages. Reasonable and necessary childcare expenses are also divided proportionally and added to the basic support obligation.
These additional costs ensure children receive comprehensive support beyond basic living expenses, covering healthcare and childcare needs that allow parents to work and maintain employment.
When Child Support Payments Begin and End
Child support obligations in Kentucky continue until children reach age 18 or graduate from high school, whichever occurs later, but not beyond age 19. If a child is still in high school after turning 18, support continues until graduation or age 19.
For families with multiple children, child support doesn't automatically adjust when one child reaches the age limit. Parents must request a modification to reduce the support amount based on the changed circumstances.
Parents can agree to extend support beyond high school for college or other post-secondary education, but such agreements should be approved by the court to ensure enforceability.
Modifying Child Support Orders
Child support orders can be modified when there's been a substantial change in circumstances. Kentucky law creates a presumption that modification is appropriate when a new calculation would result in at least a 15% change in the support amount.
Common reasons for modification include significant changes in either parent's income, changes in custody arrangements, modifications to childcare or health insurance costs, or changes in the children's needs.
The easiest way to request a modification is through Kentucky's child support enforcement agency, which can review orders and file modification requests when the 15% threshold is met.
Child Support Enforcement in Kentucky
Kentucky has a robust child support enforcement system to ensure court ordered support payments are made consistently. When parents fall behind on payments, various enforcement actions can be taken.
Enforcement methods include wage garnishment, intercepting tax refunds, placing liens on property, suspending driver's licenses or professional licenses, and in extreme cases, contempt of court proceedings that could result in jail time.
The state also provides a debit card system (Kentucky Way2Go Card) for receiving child support payments, making it easier for parents to access their support without needing traditional bank accounts.
Child Support and Public Benefits
Parents receiving public assistance like KTAP (Kentucky Transitional Assistance Program) may receive a portion of child support payments through a "pass-through" system. They typically receive either $50 per month or the actual support amount, whichever is less, while continuing to receive public benefits.
Child support payments are not considered taxable income for recipients and are not tax-deductible for paying parents. This treatment applies to both federal and Kentucky state taxes.
Getting Help with Child Support
Kentucky provides several resources for parents dealing with child support issues. The state's child support enforcement agency helps establish paternity, locate missing parents, establish support orders, and enforce existing orders.
Parents can use Kentucky's online child support estimator to get preliminary calculations, though these estimates may not account for all variables like shared parenting adjustments.
For complex situations involving high incomes, unusual custody arrangements, or disputed paternity issues, consulting with an experienced family law attorney can help protect parental rights and ensure appropriate support orders.
Important Deadlines and Percentages
Children | Income Percentage | Shared Parenting Requirement | Modification Timeline |
1 child | 20% of combined income | 88+ days per year | 15% change required |
2 children | Higher percentage | 88+ days per year | 15% change required |
3+ children | Scaled percentage | 88+ days per year | 15% change required |
Moving Forward with Child Support
Understanding Kentucky child support basics helps parents navigate the legal system more effectively and ensures children receive appropriate financial support. The state's guidelines provide structure while allowing flexibility for unique family situations.
Whether you're establishing initial support, seeking modifications, or dealing with enforcement issues, knowing these fundamental principles helps you make informed decisions. Remember that child support is the right of the child, not the parents, and cannot be waived completely even if parents agree.
Kentucky's child support system balances the needs of children with the financial realities of both parents. By understanding how calculations work, when modifications are appropriate, and what enforcement tools are available, parents can better navigate this important aspect of family law.
For specific situations or complex cases, consider consulting with qualified legal professionals who understand Kentucky's child support system and can provide guidance tailored to your particular circumstances.