how is child support calculated in ky

Navigating the complexities of child support can be daunting, especially when state-specific laws come into play. In Kentucky, child support calculations are primarily governed by an "income shares" model, which aims to ensure children receive the same proportion of parental income they would have received if their parents lived together. This comprehensive guide will break down how child support is calculated in the Bluegrass State.

Understanding Kentucky's Income Shares Model

Kentucky Revised Statutes (KRS) Chapter 403.212 outlines the guidelines for child support. The core principle is that both parents are responsible for supporting their children, and the amount of support is determined by combining their incomes and allocating a share based on their respective contributions to that combined income. The state provides a detailed schedule (chart) that indicates the basic child support obligation for various combined monthly incomes and numbers of children.

Key Factors in Child Support Calculation:

• Parents' Gross Monthly Income: This is the starting point for all calculations. It includes income from nearly all sources.
• Number of Children: The basic support obligation increases with the number of children.
• Health Insurance Premiums: The cost of health insurance for the children is factored in.
• Child Care Costs: Reasonable and necessary child care expenses incurred due to a parent's employment or job search are included.
• Prior Child Support/Maintenance: Any existing child support obligations for other children or spousal maintenance payments can affect the disposable income used for calculation.

Step-by-Step Calculation Process (Illustrative)

While the calculator above provides an estimate, understanding the steps involved can clarify the process:

Step 1: Calculate Each Parent's Gross Monthly Income

This includes wages, salaries, commissions, bonuses, self-employment income, disability benefits, unemployment benefits, workers' compensation, and even potential income if a parent is voluntarily unemployed or underemployed. Certain deductions like pre-existing child support or spousal maintenance are subtracted to arrive at an "adjusted gross income."

Step 2: Determine Combined Adjusted Gross Income

The adjusted gross incomes of both parents are added together to arrive at a single combined monthly figure. This combined income is then used to locate the appropriate basic child support obligation on Kentucky's official guidelines chart.

Step 3: Consult the Kentucky Child Support Guidelines Chart

The Kentucky Child Support Guidelines Chart is a table that provides the basic monthly child support obligation based on the combined adjusted gross income and the number of children. This chart is regularly updated by the state.

Step 4: Allocate Parental Share of Obligation

Once the basic support obligation is identified, each parent's proportional share of that obligation is calculated based on their percentage contribution to the combined adjusted gross income. For example, if Parent A earns 60% of the combined income, they are responsible for 60% of the basic support obligation.

Step 5: Add Health Insurance and Child Care Costs

The reasonable monthly costs for health insurance premiums for the children and necessary child care expenses are added to the basic child support obligation. These additional costs are also allocated between the parents based on their income percentages.

Step 6: Final Calculation and Net Obligation

The final child support amount is determined by comparing each parent's total proportional share of the combined obligation (basic support + additional costs) with what they are already directly paying (e.g., the parent who pays the health insurance premium gets credit for that amount). Typically, the parent who has less overnight time with the children or the higher earner will pay their share to the other parent.

What Constitutes "Income"?

Kentucky defines gross income broadly for child support purposes. It generally includes:

• Salaries, wages, commissions, bonuses, and severance pay.
• Income from self-employment, partnerships, and closely held corporations.
• Rental income.
• Interest, dividends, and trust income.
• Social Security benefits, unemployment insurance, disability, and workers' compensation.
• Alimony or maintenance received.
• Pension and retirement benefits.
• Gains from dealings in property (unless non-recurring).

Certain items are excluded, such as benefits received from means-tested public assistance programs (e.g., TANF, food stamps), or child support received for other children.

Impact of Shared Custody and Visitation

While the income shares model is the primary method, Kentucky courts have the discretion to deviate from the guidelines in certain circumstances. One common scenario is when parents have "equal" or "substantially equal" parenting time (often referred to as shared custody). In such cases, the court may adjust the child support amount, often resulting in a lower payment from the higher-earning parent, or even a zero payment if incomes are similar and costs are shared directly.

However, shared custody does not automatically mean zero child support. The goal remains to ensure children are financially supported according to both parents' incomes, regardless of the custody schedule.

Modification of Child Support Orders

Child support orders are not set in stone. Either parent can petition the court for a modification if there has been a "material change in circumstances" that results in at least a 15% change in the child support amount. Common material changes include:

• A significant change in either parent's income (increase or decrease).
• A change in the needs of the children.
• A change in health insurance costs or child care expenses.
• A change in the number of children receiving support (e.g., a child emancipates).

It's crucial to seek a court order for modification; simply agreeing with the other parent to change the amount is not legally binding and can lead to future complications.

Enforcement of Child Support

If a parent fails to pay child support as ordered, the Kentucky Cabinet for Health and Family Services, Department for Income Support, Division of Child Support (DCS) can assist with enforcement. Enforcement actions can include:

• Wage garnishment.
• Interception of tax refunds.
• Suspension of driver's licenses, professional licenses, or recreational licenses.
• Liens on property.
• Reporting to credit bureaus.
• Contempt of court charges, which can lead to fines or even jail time.

Disclaimer: Seek Legal Counsel

The information provided here and by the calculator is for general informational purposes only and does not constitute legal advice. Child support calculations are highly fact-specific, and many nuances, exceptions, and discretionary factors can influence the final order. If you are involved in a child support matter in Kentucky, it is strongly recommended that you consult with a qualified Kentucky family law attorney to understand your rights and obligations and to ensure accurate calculation and legal representation.