Child Support and Other Financial Issues Involving Children

In general, under Kentucky law, child support is based on the gross incomes of both parents and the guidelines contained on the child support chart. KRS 403.212

Maintenance. If one of the parties is receiving maintenance, that can also affect the amount of child support paid.

Prior born children. Support paid for prior born children can affect the amount of child support paid.

Health insurance. If health insurance is available, then one of the parents is expected to carry the child or children on that plan. The cost for health insurance is included in the child support calculation. Over the years, the parents might need to re-visit this issue, re-examine the coverage, for example, if one parent gets laid off or obtains a job with better benefits.

Unreimbursed medical expenses. The cost of the medical expenses that are not covered by health insurance are called unreimbursed medical expenses. These include co-pays, costs for prescriptions, emergency room visits, etc. According to the laws in Kentucky, usually the parents divide the cost for these expenses in the same percentages as their gross incomes.

Child care. The cost for certain child care expenses is also a factor in the child support calculations.

The timesharing schedule (the amount of time the children spend with each parent) can affect the amount of child support paid, as can other extraordinary circumstances. You should discuss these possibilities with an attorney.

See the Kentucky Child Support Enforcement office website for more information and sample child support worksheets.

Wage Assignment. In most cases, once the child support is determined, the Court will implement a wage assignment that will allow an employer to automatically withhold money from the paycheck of the parent who pays child support, and forward that money on to the Child Support Office for disbursement to the recipient parent. In some cases, with good reason, the Court does not implement a wage assignment or does not implement one right away.

Modification of child support. Under the appropriate circumstances, either party can seek a modification of child support. Then Courts do not want people returning to Court frequently, so before filing a Motion, generally the person seeking the modification must be able to show that there has been a change of 15%, upward or downward, in the amount of child support that is owed and that the change is both substantial and continuing (there can be other factors). If you believe there might be a reason to modify your child support, you should discuss that with an experienced attorney. If a modification of child support occurs, either by agreement or court order, it is generally only retroactive to the date the party actually filed the Motion to modify the child support. Delay in filing can be problematic.

Tax exemptions. It is important to consult with an accountant about the various available exemptions and deductions and with your attorney as to the current state of the law in this area.

Extracurricular activities. The rules in Kentucky do not address extracurricular activities. This needs to be negotiated. You should discuss this with your attorney.

High income families. The current child support “chart” that the Court looks at to determine the appropriate amount of child support ends at a combined gross income of $15,000. The combined monthly gross income of two parents sometimes exceeds that amount. The amount of child support, in these circumstances, must be in the best interest of the child, with the Court weighing such factors as: the needs of the child, the financial circumstances of the parents, and the reasonable lifestyle the child may have been accustomed to before or after the parents separated. The Court must set out specific supportive findings and the award, as a whole, must be reasonable in light of those findings and the record. See this recent case for more information. McCarty v. Faried, 2015-SC-000271-DGE. Modification of income for high income families also has special rules.