If you’ve recently experienced a divorce, then one of the next questions, if there are children involved is how much support will be involved. Child custody must be determined first, establishing which parent will have the child primarily and which parent will live off premises. Child support is the money that the non-custodial parent (the parent not living with the children) will have to pay to the custodial parent (living with the child) until the child turns 18 or becomes independent. Typically in Kentucky, the parent who does not have full custody is the one paying child support.
In Kentucky, there are several means in which courts make sure child support is paid because it must be paid. Even filing for bankruptcy does not prevent child support payments. There have been many attempts throughout the years to get out of paying child support and most of those loopholes have been dealt with. Child support laws in Kentucky are very specific and very direct.
Child Support Payments in Kentucky
In Kentucky, child support goes to the parent who is raising the child/children. This support will come on a monthly basis and will continue until the child turns 18, or is out of high school. If the child marries while still in high school, then child support stops. It also stops if the child drops out of high school and takes a job and an apartment living away from their parent. The only exception to this ruling is if the child is severely disabled in some way and will not be able to take care of themselves, indefinitely. This has to be proven by expert testimony and affidavits signed by the child’s doctors and sometimes, teachers.
Child Support Calculator
The child support payment is determined by how their parents makes per year. The formula that they use to determine the amount also takes into account the number of children in the home (belonging to the biological parent). Anything can be considered income, including royalties, dividends and pension pay.
Here’s a quick link to Kentucky’s child support calculators and information center: http://www.alllaw.com/calculators/childsupport/kentucky/
Modifying Child Support
In Kentucky, it is very difficult to receive a modification if you are the non-custodial parent. However, if you feel that the amounts are punitive in nature and that you have no way to pay it, then you must prove to the court that you have had a change in circumstances, not in your control, and that your current conditions have worsened financially by at least 10%.
Be aware that the Courts in Kentucky can also assign potential income to a parent, who is voluntarily unemployed or underemployed, unless they have a good reason for working less or not working at all. If the parent is disabled and cannot work, the court will not hold them responsible for additional income. However, keep in mind that modifications can be made in the opposite direction, as well. The custodial spouse can sue for additional monies if it is determined that the non-custodial parent is making more than they initially were at the time of the divorce. The non-custodial parent must provide, upon request, copies of current tax statements.