Kentucky Child Support

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Child support is the financial obligation of parents, usually non-custodial parents, towards their children. Non-custodial parents have to pay a court-ordered support amount to the custodial parents. This amount will be spent to meet the basic requirements of children like food, clothing, medical and education expenses. Thus, even when the non-custodial parent is not staying with the children, he/she can contribute a fair amount of money towards raising them. In order to provide justice to such children, child maintenance laws and procedures are formed. This is true about all the states in the United States. Kentucky or the Commonwealth of Kentucky has chalked guidelines that define how to receive or pay support, enforcement measures, modification and termination of orders etc. Local child support offices help parents to receive or pay divorce child support in Kentucky.

If you are thinking of filing a child subsidy case in Kentucky, you must be aware of the basic rules and regulations. You must learn about the legal rights of your child. Go through the points mentioned below and use this knowledge while fighting your case.

Persons eligible for receiving Child Support in Kentucky

Not every divorced person is eligible for receiving child maintenance amount. Parents or guardians who are eligible for receiving divorce child support in Kentucky are:

  • The custodial parent or guardian
  • A man who believes that he is the putative father of the child is eligible to request these services. If he proves to be the biological father, child maintenance may be ordered.

Families who receive public assistance get child support services automatically. But there may be some families who do not receive public assistance. They need to contact the local child support office in order to request their services.

Income Shares Model

In this state, the Income Shares Model is used for calculation of child subsidy. Using these guidelines, the monthly support amount is calculated. Then, it is divided proportionally according to the income of each parent. The two amounts so obtained are compared to conclude which parent is supposed to disburse the amount. After examination of past W-2's and child support worksheets (these can be found in the courthouse), verification of all the income is done.

For example, if the mother has a higher income than the father, she has to pay a greater portion of the child subsidy amount.

Deviation from Child Support guidelines

The court reserves the right to make a specific finding or written finding in any case, and can thus deviate from the guidelines. However, for this to happen, one or more of the following criteria must be included:

  • The combined monthly adjusted gross income of the parents is more than that included in the Kentucky child support guidelines.
  • The child has independent financial resources.
  • Either parent has some extraordinary requirements like medical expenditures.
  • A child has extraordinary dental or medical expenditures.
  • The child has some extraordinary job-training, educational or any other expenses.
  • The parents of the child have displayed that they know the amount of child support derived from the guidelines, but have mutually acceded to a different amount. However, if public assistance is disbursed on behalf of the child, such an agreement cannot be the basis for deviation.
  • Any other identical factor of extraordinary nature is recognized by the court to make the application of guidelines, an improper step.

Termination of Kentucky Child Support Orders

The divorce decree may mention the termination of child subsidy or it may be otherwise acceded to in writing. The Kentucky Cabinet for Health and Family Services will notify the parents in case there is a change in support obligation. The following conditions are also considered:

  • Once the child turns 18, the support orders will be terminated.
  • Let us assume a case in which the child is emancipated, not due to marriage, but due to age. This child is a high school student. The support continues till the child is in high school, but not after the school's academic year, during which he/she has crossed the age of 19.
  • If the parent expected to disburse support dies, this amount may be commuted to a lump-sum payment or revoked or modified. In such cases, the Court can modify the order.

If the child is disabled and hence cannot support himself/herself, the parents have to pay the support amount till he/she becomes 21 years old.

Modification of Divorce Child Support in Kentucky

Let us assume that one of the parents have filed a petition or motion for modification of the child maintenance order. Then, the following conditions are considered and the court can bring a change in the order amount:

  • If the alteration in the amount of support (from the child support guidelines) is at least or more than 15 percent, then it is assumed that there has been a material change in conditions of the parents.
  • If the alteration is less than 15 percent, then the rebuttable presumption is that there is no material change in circumstances.

You should remember all these information regarding divorce child support in Kentucky. This will help you fight your case, positively and confidently.

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