It is important to note that jail time for failing to pay child support is not a guaranteed consequence in the state of Kentucky. However, it is possible for individuals to be incarcerated for owing large amounts of money in unpaid child support.
According to Kentucky law, courts can choose to impose fines and/or prison sentences for those found in contempt of court after failing to make court-ordered payments for more than 1 year, or for owing more than $2,500, whichever is greater.
Additionally, the court must give repeated written warnings and ensure that the individual being fined or incarcerated has the ability to pay before any sentence is handed down. Ultimately, the decision to impose a fine or prison sentence is at the discretion of the court and depends on the situation.
How long can you go without paying child support in KY?
According to Kentucky statutes, a parent with a child support obligation must make payments as ordered by the court. Kentucky law does not set a specific time limit for how long a parent can go without making a required child support payment before legal action is taken by the court.
A court may issue a contempt of court citation if payments are not made as ordered, and if there is sufficient proof that a parent is not making the required payments. Also, any payments missed during the time the parent is delinquent may be required to be paid in full in addition to any current payments due.
If a court finds that a parent has failed to make payments despite having the ability to do so, the court may order the parent to pay court costs and the other parent’s attorney’s fees. In Kentucky, a parent may also face criminal penalties for failing to make court-ordered payments.
Criminal penalties can include fines and even a jail sentence.
What happens if you don’t pay child support in KY?
If you do not pay child support in Kentucky, your case will be referred to the state’s Division of Child Support Enforcement (DCSE). DCSE has the power to take several measures against those who do not pay.
They can take your tax refund, intercept your wages, deny or revoke your passport, suspend your driver’s license, place a lien on your property, and report your delinquency to consumer reporting agencies.
In addition, the court may order you to pay the amount you owe, along with interest and additional penalties. If you fail to comply with the court order, your case may be referred to the Commonwealth Attorney for criminal charges, which can include Contempt of Court, a Class A Misdemeanor.
Criminal charges may result in a fine and/or a jail sentence.
What is the new child support law in Kentucky?
The new child support law in Kentucky took effect on July 1, 2018. The new law helps ensure that children in Kentucky will receive the financial support they need from their parents or other responsible adults.
The new law includes several changes to the calculation and enforcement of child support in Kentucky.
The law creates a new way to calculate support based on each parent’s total income, rather than just the noncustodial parent’s income that was used in the past. This means that court decisions will now be based more closely on the actual income and resources each parent has available.
In addition, child support payments will now be made through the Kentucky Child Support Program instead of through the court. This new system is designed to provide consistent handling of payments and simplify the process of enforcing support orders.
The law also grants the court the authority to collect past-due payments from wages, workers’ compensation benefits, settlement awards, inheritances, and other sources of income. Finally, the law includes guidelines for calculating support for multiple children and for when custody is shared.
Overall, these new changes work together to create a more consistent and accurate system for calculating and enforcing child support in Kentucky.
Does Kentucky extradite for child support?
Yes, Kentucky does extradite for child support. According to state law, the Kentucky Department of Community Based Services (DCBS) may be able to have an absent parent arrested in any other state and brought to Kentucky to face criminal charges related to non-payment of child support.
There are strict requirements that must be met before the DCBS can seek an extradition. For example, the absent parent must be at least $1,000 in past due payments and/or be delinquent for more than 6 months.
In addition, before an absent parent can be charged, their identity must be known or their whereabouts established. Once a warrant is in place, the arresting state typically holds the absent parent for up to 10 days during which time Kentucky must arrange for the extradition.
Depending on how far the state is from Kentucky, it can take several days for transport to occur.
The Kentucky DCBS has the right to seek extradition when the state believes that the absent parent may not return to Kentucky on their own. If extradition is successful, the DCBS will take charge of the case, track payments, and arrange for criminal prosecution if the defaulting parent fails to make the payments as ordered.
Do you have to pay child support if you have 50 50 custody in Kentucky?
The answer to whether or not you must pay child support in Kentucky if you have 50/50 custody depends on the court’s decision and whether the two of you can agree on how to work out the details of your child support arrangement.
According to Kentucky law, child support is based on each parent’s income, the cost of raising a child, and the amount of time each parent spends with the child. In some cases, if both parents share an equal amount of physical custody and make approximately the same amount of money, the court might order no child support.
However, it may still order one parent to pay a minimum amount if that parent earns significantly more than the other. If parents cannot agree, the court will make a decision. Ultimately, if you have 50/50 custody in Kentucky, the amount of child support you owe or receive may depend on the court’s decision.
How do they calculate child support in KY?
In Kentucky, the calculation of child support is based on a formula established by the courts of the Commonwealth. The formula considers the financial resources of both parents, the needs of the child, the custodial parent’s ability to support the child, and the non-custodial parent’s ability to contribute.
The court considers each case individually and may issue a nonstandard order in cases where the child’s needs are not met under the standard formula.
The Kentucky Supreme Court has established a Child Support Table which lists the amounts each parent needs to contribute for one child depending on the non-custodial parent’s gross monthly income. The table is adjusted for each additional child.
This amount is the base amount of child support the court will order. However, the court has the discretion to adjust the base amount if certain factors are present.
The court may also consider, among other factors, the cost of health insurance, daycare, and other medical costs when deciding whether to adjust the amount of support. These considerations are guided by the state’s definition of the “reasonable needs” of the child.
The non-custodial parent should also be able to show that they are able to pay the base amount of support.
Finally, the court may decide to award either parent with alimony if there is a clear disparity in the resources of each parent and the court finds that alimony is necessary to ensure that both parents are able to financially support their children.
It should be noted that alimony is usually only awarded in cases of long-term marriages and divorces.
In summary, the calculation of child support in Kentucky is based on the Child Support Table, which is adjusted for each additional child. However, the court may adjust the amount based on factors such as health insurance, daycare costs, and other medical costs.
The court may also award alimony if necessary. Both parents should be able to demonstrate their ability to pay the amount of support that is ordered.
Do I have to pay child support after age 18?
Generally, parents are legally obligated to provide financial support for their children until they are considered “emancipated” (self-supporting). Under most laws, a child is considered emancipated when they turn 18 or become legally married, join the military, or are otherwise determined to no longer be dependent upon their parents.
Child support orders are designed to continue until the represented conditions are met so that once a child reaches the age of majority (i. e. , 18), the court should terminate the support order unless the child is still in high school.
However, in some cases, the court may order support to continue beyond the age of majority, such as when a court determines that the parents owe a “duty of support” to their child. In certain cases, this could mean that a parent may be obligated to provide financial support to a child until the age of 21 or beyond, if the court believes it is in the best interests of the child.
In addition, some jurisdictions may allow a court to order “post-majority support” if the child agrees to stay in school or to pursue vocational or professional training, or if the child becomes disabled and is unable to support him or herself.
In these cases, the court must determine that the child needs the monetary support for their foreseeable future needs and that the obligation for a parent to provide support does not end at the age of majority.
Whether a parent is obligated to pay child support after age 18 depends on the specific circumstances in their case. It is therefore advised that any parent who is concerned about their support obligations should speak to a family lawyer to determine their rights and responsibilities.
Is there a statute of limitations on child support in Kentucky?
Yes, there is a statute of limitations on child support in Kentucky. According to the Kentucky Revised Statutes, a parent must pay child support until either the child turns 18 or is emancipated, they join the military, or they graduate from high school, whichever is later.
However, if the child has special needs that require additional care beyond the age of 18, the parent may be obligated to provide continuing support until the child is no longer in need. Other conditions, like fraud or mistaken identity, may also modify the statute of limitations.
Furthermore, any past-due payments that have accrued prior to the expiration of the statute of limitations may still be enforced.
What is the oldest age for child support?
Child support does not have an “oldest age” limit, though it may vary by state. In most states, child support is required to be paid until the child turns 18 or graduates from high school (whichever happens later).
In some states, the obligation may extend beyond that if the child has certain special needs or if the court finds that it is in the best interest of the child.
In all states, adults are expected to support their children until they no longer need it, regardless of age. For instance, in some cases, parents may be held responsible for their adult children’s educational expenses, even if the child is over 18.
If an adult child becomes disabled and is unable to support themself, then the court may order the parents to continue providing financial assistance and care into adulthood.
Some states may also consider certain family contracts or agreements to be enforceable in court regarding child support, including agreements between adults. This can be especially true if the agreement is written and signed by both parties.
These agreements can extend the obligation of parents to financially support their children beyond the normal limits set by the state.
Can child support arrears be forgiven in Kentucky?
Yes, child support arrears can be forgiven in Kentucky depending on the circumstances. The actual amount of forgiveness is determined on a case-by-case basis by the state. For example, in some cases, the court may make an agreement with the parent who owes the arrears to pay a reduced amount over time.
In other cases, the court may completely forgive the arrears. Each situation is unique and the court will make a decision based upon the facts of the case. Furthermore, depending upon the situation, the parent may be eligible for assistance from a state-sponsored program such as a Family Self Sufficiency Program, KY Family Assistance Program, or Child Support Enforcement Program.
If a parent is considering forgiving child support arrears, it is wise to consult a lawyer in Kentucky to help them better understand their rights and options.
What is the age of majority in KY?
The legal age of majority in Kentucky is 18. All individuals aged 18 or older in the state of Kentucky are considered to be of age, at which point they can make their own decisions, including those relating to their education, job and personal affairs.
In the state of Kentucky, individuals aged 18 or over are allowed to vote, enter into binding contracts, purchase and consume alcohol, and are generally seen as responsible adults by the law.
When can a child decide which parent to live with in KY?
In Kentucky, when a child reaches the age of 12, they may have a say in custody decisions. This right is bestowed by the Kentucky Supreme Court, which has declined to set an age below which a child may not express a preference in custody awards.
In making these decisions, the Court will take into account the child’s age, maturity, and other relevant factors. Therefore, the actual age at which a child may decide which parent to live with may vary from case to case.
It is advisable to consult with an experienced attorney to determine what is best for the child in any particular situation.