If you are paying child support for two (or more) children and one child turns 18, you may assume your child support obligation will automatically be reduced by half. In most cases, that is not how Kentucky law works.
In Kentucky, child support is typically calculated under the Kentucky Child Support Guidelines. When only one child is emancipated (turns 18 and graduates from high school), the existing court order does not automatically change. The support amount remains the same for the remaining child or children unless and until a judge enters a new order modifying it.
Some parents are surprised to learn that emancipation of one child alone does not automatically reduce their monthly obligation. The court does not simply divide the existing amount by the number of children. Instead, the support is recalculated based on the change in parental incomes and guidelines for a lesser number of children.
Kentucky uses an income shares model. The total support amount is based on the combined gross income of both parents and the number of children eligible for support. The formula accounts for income, and when applicable health insurance premiums, childcare expenses, and parenting time.
The guidelines recognize that the cost of raising one child is not exactly half the cost of raising two children. Housing, utilities, transportation, and insurance expenses often remain largely the same. Because of that, when a court in Kentucky recalculates support for one remaining minor child, the new amount is often more than half of what was previously ordered for two children.
Until a motion to modify child support is filed and a new order is entered, the existing amount remains legally enforceable. If a parent unilaterally reduces payments, the unpaid portion can accrue as arrears. In Kentucky, arrears can lead to enforcement actions such as wage garnishment, interception of tax refunds, and other collection remedies. If you believe your child support should be adjusted because a child will be emancipated, it is important to talk to an attorney to consider filing for modification as soon as possible.
Each family’s financial circumstances are different. Whether the new amount decreases slightly or substantially depends on current income for both parents, health insurance costs, childcare expenses, and the parenting schedule.