What Factors Will Affect My Child Support Payment in Kentucky?
Child support refers to a monthly payment made by a parent to help cover the costs related to raising a child. In Kentucky, both parents have a duty to support the child (or children) financially. However, the non-custodial parent usually makes child support payments as the law assumes that the parent who resides with the child for a majority of the time (custodial parent) spends the necessary amount of support directly on the child.
The income of each parent and the number of children who require support will determine the child support amount ordered in your case. Kentucky has specific rules pertaining to the calculation of child support. You can use their child support calculator to estimate your fair child support figure. Besides the child support amount determined by these rules, parents must contribute to the health care and child care costs of the child. They may also need to pay for other expenses, such as those associated with the child’s education.
Child Support Formula and Parenting Time Totals in Kentucky
The child support formula in Kentucky is the same for the sole and joint physical custody of the child. In the child support formula, a percentage of the combined income of the parents is used.
These percentages are detailed below:
- One child: 20 percent
- Two children: 25 percent
- Three children: 30 percent
- Four children: 35 percent
- Five children: 40 percent
- Six children: 45 percent
Kentucky, unlike many other states, does not offer automatic parenting time credit that can reduce the amount of child support you pay. Parenting time can affect the child support amount you pay or receive only if the family court determines that visitations by a parent significantly exceed those typically approved by the court. Modifications to child support are made on an individual case basis.
If parents set up equal parenting time, there is no approved formula to use in the calculation of child support. The family court has discretion over any decisions regarding reduction of child support amounts.
In case the court finds that the non-custodial parents significantly exceed the norm, it may consider abatement of child support. This situation is rare, but you can at least present the court with the correct numbers.
Other Elements in KY Child Support Formula
The child support formula in Kentucky uses the below-mentioned information to determine your monthly joint custody child support amounts:
- The adjusted monthly income of the non-residential parent
- The number of children below the age of 18 years or upon high school graduation, whichever is more recent
- Health insurance premium costs for the children
- A pre-existing alimony or child support obligation by either parent
In a child support formula, parenting time is only a factor when you can prove that the total parenting time you spend with the child is significantly more than what is typically approved by KY family courts. Even in this case, KY courts have avoided the use of a specific formula that includes parenting time to avoid putting a monetary value on visitations.
How Accurate Child Support is Beneficial to Your Children
There are various ways in which accurate child support is advantageous to your children, mainly as it ensures that their financial requirements are met.
Some reasons why accurate child support numbers are beneficial to you, the other parent, and your children are as follows:
- It offers a fair method to calculate your child support figure
- It guarantees the child support amount is indicative of the responsibilities of each parent
- It allows for changes if your actual time and scheduled time vary
- It complies with Kentucky law
After a divorce, your financial responsibilities toward your children do not go away. Regardless of whether you are receiving or paying child support, you owe it to your kids to receive or pay the right amount.
How Can I Get More Child Support from the Non-Custodial Parent?
If you believe that the non-custodial parent who is liable for child support is now earning sufficient income to raise their monthly child support obligation, then you should consult a child support order modification attorney promptly so that they can guide you on the next steps necessary to increase your child support payment amount.
Conversely, if your income has been significantly reduced due to reasons beyond your control, then your child support figure could potentially be reduced by the court. This has happened to a lot of parents during the current COVID-19 outbreak.
Legal Help from Compassionate, Skilled Divorce Attorneys
If you are concerned about the fair division of expenses and require help with child support or any other family legal matter, the experienced family law attorneys at John H. Ruby & Associates in Kentucky can help.
Our legal team will work tirelessly to protect your rights and financial stability while ensuring that your children get what they require. We will help you navigate the complex divorce process to allow you to focus on the well-being of your family. For a no-obligation consultation with a skilled attorney, message us online or call our office today at (502) 895-2626.