In Kentucky child support orders are based on the income of the parents, and, the amount of time each party spends with the children. The child support obligation set forth in the Kentucky Child Support Guidelines which sets out specific rules and tables – Kentucky Revised Statures KRS Section 403.212.
Both parents have a statutory obligation to support their children until they reach 18 years of age (and beyond in certain circumstances). The child support duties cannot be waived by the parties.
In Kentucky, the amount of child support is typically governed by a formula in the law. In 1990, the Legislature enacted the Child Support Guidelines, which created a rebuttable presumption that the Guideline amount is the appropriate amount of support in determining child support. The Guidelines are based on the Income Shares Model under the theory that a child should receive as child support the same proportion of parental income that the child would have received had the parents lived together as an intact, two-parent family. The guidelines table setting forth the applicable child support obligation is based on the combined adjusted parental gross income of both parents. In short, each parent pays his or her fair share.
The Family Court Judge has ability to deviate from the guidelines “where their application would be unjust or inappropriate.” Some of the reasons to not use the Guidelines include a balanced or equal custody schedule, special needs of the child, or in high income situations. In these cases, the Court is required to state the reasons why the Guidelines were not used with reference to Child Support.
Although child support issues can be purely mathematical, there are also instances where they can be complex. For example, in high income situation, the Court focuses on the needs of the child rather than the income of the parents. The Court seeks to balance what the needs are under all the facts and circumstances with the fact that it does not want child support to be a windfall to the receiving parents. In such situations, there are techniques that can be used such as education trusts to make certain that the funds are not misused.
Additionally, there are complexities when one or both parents are self employed. In self employment cases, the Court will look more closely to see the actual income rather than the income that is reported on a tax return. The court will also look at bonus income, debt relief, state benefits or even inheritances. In these cases, it is important to have a lawyer who knows the cases in order to have the proper child support set.
Modification of Child Support Orders
A change in circumstances can support a petition for the modification of child support orders. Situations like reduced income, disability and extraordinary events may be heard by a Kentucky Family Law Court to modify court ordered child support payments. Family law attorneys of Goldberg Simpson in can help a petitioner by filing an order to show cause.
Kentucky Division of Child Support Enforcement
All counties throughout the state of Kentucky, from Jefferson County to Fayette County Kentucky have local child support departments that are empowered to enforce child support orders. The Division can enforce existing orders, and it can initiate support proceedings on its own. The Kentucky Division of Child Support Enforcement can also seek modifications or increases in existing support orders, as well as initiate claims against delinquent parents in connection with their court ordered child support obligations. Goldberg Simpson will help you with any dealings with the Kentucky Division of Child Support Enforcement.
If you have questions regarding the appropriate court regarding custody issues: click here.
Experienced Louisville Child Support Lawyer
We help injured families in Louisville, Lexington, Bowling Green, Paducah, Ashland, Owensboro, Elizabethtown, Madisonville, and Pikeville, Kentucky. Call 502-589-4440 for a free confidential consultation.
Goldberg Simpson will help you recover financial compensation for your injuries, and generate the best outcome. Goldberg Simpson can help clients with child support issues throughout the greater Louisville area, including the Kentucky counties of Adair, Allen, Ballard, Barren, Breckinridge, Butler, Caldwell, Calloway, Carlisle, Christian, Clinton, Crittenden, Cumberland, Daviess, Edmonson, Fulton, Graves, Grayson, Green, Hansock, Hart, Henderson, Hickman, Hopkins, Livingston, Logan, Lyon, Marshall, McCracken, McLean, Metcalfe, Monroe, Muhlenberg, Ohio, Russell, Simpson, Todd, Trigg, Union, Warren, and Webster, as well as the Anderson, Bath, Bell, Boone, Bourbon, Boyd, Boyle, Bracken, Breathitt, Bullitt, Campbell, Carroll, Carter, Casey, Clark, Clay, Elliott, Estill, Fayette, Fleming, Floyd, Franklin, Gallatin, Garrard, Grant, Greenup, Hancock, Hansock, Hardin, Harlan, Harrison, Henry, Jackson, Jefferson, Jessamine, Johnson, Kenton, Knott, Knox, Larue, Laurel, Lawrence, Lee, Leslie, Letcher, Lewis, Lincoln, Madison, Magoffin, Marion, Martin, Mason, McCreary, Meade, Menifee, Mercer, Montgomery, Morgan, Nelson, Nicholas, Oldham, Owen, Owsley, Pendleton, Perry, Pike, Powell, Pulaski, Robertson, Rockcastle, Rowan, Scott, Shelby, Spencer, Taylor, Trimble, Washington, Wayne, Whitley, Wolfe and Woodford.
If you or a loved one is in need of legal assistance, call Goldberg Simpson at 502-589-4440.
The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before a specific date, (statute of limitations). Please call right away to ensure that you do not waive your right to possible compensation.