Child support is one of the most common concerns for parents going through a divorce or separation. In Kentucky, the law requires that both parents contribute to the financial support of their children. Child support is intended to help cover the day-to-day expenses of raising a child, such as housing, food, clothing, and medical care.
The rules for calculating child support in Kentucky are found in KRS 403.212. The amount is typically based on a formula that considers each parent’s income, the number of children, the cost of work-related childcare, and the cost of health insurance. The statute includes a chart known as the child support “guidelines,” which are used to determine the presumed amount of support owed. That number can be adjusted in certain situations, but the court must find a valid reason to deviate from the guidelines.
Over time, the guidelines have evolved to include more clarity on situations where both parents have significant parenting time with their children. If the parents share parenting time equally, the court may still order support based on a difference in their incomes and expenses although the calculation will include a credit for parenting time.
Child support is not tied to whether a parent has visitation or decision-making rights, and not paying support does not affect a parent’s right to spend time with their child.
Once the court sets a child support amount, it becomes part of a formal order. This order is enforceable by law. If a parent fails to pay support, the other parent can ask the court to intervene. There are enforcement options that include wage withholding and, in some cases, contempt proceedings. Modifications to the support amount may be allowed later if there is a substantial and continuing change in circumstances, such as a significant change in income or the needs of the child.
Even if parents agree on an amount, it must still be approved by the court. Judges are required to ensure that any agreement meets the child’s needs and complies with Kentucky law. That means the court will still review the financial information of both parties and compare the agreement to what the guidelines require.
Understanding child support begins with knowing how the law works and what the court will consider. Whether you expect to receive support or may be required to pay it, your attorney can help you understand how Kentucky’s child support laws apply to your family.