How Is Child Support Calculated in KY?
Going through a separation or divorce from your spouse is an incredibly difficult thing to do. If you and your partner are the parents of a child or children, the separation can be even more taxing. Not only will you have to face the question of with whom the child will live, but if you are not awarded custody of your child, you will also likely be ordered to pay child support. This is because in Kentucky, both parents have an obligation to support a child financially.
The following provides some information about how child support is calculated in Kentucky and what circumstances may warrant a deviation in guidelines or a modification of child support. For help understanding child support laws, contact the Ron Aslam Law Office for a consultation.
Kentucky Child Support Guidelines
The purpose of Kentucky’s child support guidelines is to ensure that a child is provided for by attempting to keep the child’s financial situation similar to what it would have been had parents remained together. As such, in order to come to a child support order amount, the court will consider both parents’ gross income, as well as the number of children that the order must support. Additional expenses, such as the cost of childcare and health insurance, are also factored into the equation.
What If My Child Has Special Needs?
Not all children with parents in the same financial circumstances need the same things. The court recognizes this and does consider a child’s special needs and extraordinary circumstances when making a child support determination. Extraordinary expenses can include expenses for certain medical care, educational needs, and more.
Combined Monthly Gross Income
Kentucky Statute Section 403.212 – Child Support Guidelines explains that child support is based off of parents’ combined monthly gross income. Each parent is responsible for child support in proportion to their combined income. For example, if one parent makes $4,000 per month, and the other parent makes $3,000 per month, the higher earner is responsible for 57 percent of the child’s support; the lower earner for 43 percent of the child’s support.
The statute also explains how much each child is allocated in child support based on parents’ earnings. For example:
- Parents with a combined gross income of $4,400 per month with one child are responsible for $615 in child support costs; and
- Parents with a combined gross income of $10,000 per month with two children are responsible for $1,515 per month.
The full chart can be viewed online. The more money parents make, and the more children they have, the greater their support obligation. The minimum amount per month in child support for parents with $0 income is $60.
How Do I Modify a Child Support Order?
It makes sense that over the years, circumstances for a child or parents may change, and a child support order may no longer make sense. For example, the child may suffer an accident that necessitates special care, or one parent may lose their job, or receive a promotion that comes with a significant pay raise.
If circumstances change, a parent may file a motion to modify a child support order. In order to change a support order, you must prove that a significant change in circumstances justifies the modification.
How Our Law Offices Can Help You
Child support can be tricky to understand and calculate. If you have questions about child support guidelines in Kentucky, how child support is calculated, what happens if you don’t have any income, or whether or not you will be penalized for not paying child support, our law offices can help you. We can also help you to file a request for child support, or take action to enforce a child support order.