The Kentucky child support law is governed by Kentucky Revised Statute Chapter403. Kentucky uses the Income Shares Model when calculating child support payments. Under this model, the courts estimate the combined income of both parents and the cost of raising a child in Kentucky.
The courts will then divide the costs among the parents based on their respective income levels.
Both parents must provide financial support for the child, to the extent of their capabilities. The amount of support may vary significantly depending on the circumstances of the parents and the child’s needs.
The court takes into consideration the relative incomes of the parents, their earning capacities, and the number of kids to be supported. Each parent is expected to financially contribute according to their income.
Generally, the parent earning a higher income has to pay more.
In addition to financial support, the courts can also award custody. Both custodial and non-custodial parents are expected to support their children emotionally and financially. The courts consider several different factors when awarding custody; including the best interests of the child, the character and fitness of the parents, the ability of parents to provide for the child’s physical, mental, and emotional health, and the child’s wishes (if old enough).
The new child support law in Kentucky provides a detailed framework for determining both custody and financial support. The law is designed to ensure that all children in the state receive the support they need to thrive.
How far behind in child support before a warrant is issued in Kentucky?
In Kentucky, the warrant for arrest for failure to pay child support is issued when the arrears are equivalent to six months of support or $2,000, whichever is greater. The warrant of arrest is also issued if the non-custodial parent has failed to pay ordered medical or dental support for six months or less or has failed to comply with certain other court orders.
The warrant of arrest is not issued if the non-custodial parent has entered into a payment plan and is making payments, if an income withholding order is in place and current, or if there is evidence showing the non-custodial parent is not able to pay child support due to extraordinary circumstances such as disability or incarceration.
What age does child support end in KY?
In Kentucky, child support typically ends when a child turns 18 or graduates from high school, whichever is later. In some cases, child support may be extended beyond the age of 18. When a child is over the age of 18, a judge may order a parent to continue paying child support if the child is still attending high school, is disabled, or is otherwise not able to support themselves.
If a child is emancipated before the age of 18, the child support will usually end when the emancipation occurs. The State may also modify or terminate a child support order under certain circumstances.
How do they calculate child support in KY?
In Kentucky, the calculation of child support is based on the income of both the custodial and non-custodial parent. The involved parents are responsible for submitting copies of their financial information, such as income, tax withholding, and property ownership, to the court in order to accurately calculate the amount of child support owed.
The Kentucky Child Support Guidelines are used by the court to determine the exact amount of each parent’s obligation. The court looks at the combined salaries of both parents and applies the state’s specific guidelines to the family’s unique financial situation.
The calculation of child support also takes into consideration any special needs the child may have, such as medical expenses and school fees, as well as any other extenuating circumstances.
The court considers the child’s needs in order to calculate the total amount of child support due. This includes basic needs such as clothing, housing, food, school supplies and medical expenses. The court determines the proportion of the combined salaries of the parents that should be devoted to such expenses.
For example, if the non-custodial parent makes twice as much money as the custodial parent, the non-custodial parent will be responsible for twice as much of the child support costs.
Once all of the financial information has been submitted to the court and the Kentucky Child Support Guidelines have been applied, the amount of child support owed by each parent is determined. The court then establishes an Order of Support that may be enforced in either a wage assignment or through garnishment of federal and state income tax returns.
The order may be adjusted periodically to reflect any changes in the family’s financial situation or the needs of the minor children.
Do I have to pay child support after age 18?
Whether or not you have to pay child support after the child’s 18th birthday depends on several factors, such as the laws of the state in which you reside, the terms of your divorce decree or court order, and the custody arrangement of the child.
In some states, if the child is still in high school and living with the custodial parent, then you may be required to continue paying child support until the child is finished with school. In other states, support may end when the child turns 18, or may be extended until the child turns 21 or has received a college education or other training.
Additionally, some states allow the courts the discretion to order payment of child support for adults for children who have special requirements due to a disability or illness. It is best to check with an attorney familiar with the laws of your state to determine whether you are legally obligated to provide support after the child’s 18th birthday.
Is there a statute of limitations on child support in Kentucky?
Yes, there is a statute of limitations on child support in Kentucky. The statute of limitations for child support in Kentucky is generally either five (5) or ten (10) years from the date the child support obligation was created, depending on various factors.
Kentucky also recognizes an unknown arrearage, which is an arrearage that is more than three (3) years old and which the obligor was unaware of due to delays in notification. This statute of limitations is established under the Kentucky Revised Statute 403.
262, which states that “any action to enforce the payment of a child support obligation shall not be commenced after five (5) years have expired from the date the right to payment arose or ten (10) years have expired from the date of the last payment, whichever period is shorter.
” A number of factors can extend this period, such as if an acknowledged obligation is reduced or extinguished in any way. Kentucky also can impose interest on unpaid balances that are overdue longer than sixty (60) days.
Any amount owed, including interest, is collectable until paid in full. This includes any past-due balances that accrued prior to a child’s eighteenth (18th) birthday. Therefore, it is important to be aware that a specific statute of limitations exists for child support in Kentucky.
What is the oldest age for child support?
Child support payments can be expected from a parent until a child is of legal age and able to support themselves. Generally, the cutoff age for child support is 18, though in certain cases, a court may require one parent to continue paying for college tuition for a child beyond 18.
Legal age in the U. S. can vary by state and typically is anywhere between 16 to 18.
In some cases, such as medical postponement or states that allow parental custody beyond age 18, a parent may have to continue providing child support beyond those ages. The amount of support will be determined by a court of law based on the financial positions of each parent and the needs of the child.
Ultimately, the cutoff age will be determined on a case-by-case basis.
Can child support arrears be forgiven in Kentucky?
In Kentucky, child support arrears (past-due child support) can be forgiven in certain circumstances. Under Kentucky state law, the court might allow the paying parent to modify or reduce the amount of child support arrears due.
The court might do this if the paying parent can prove either a significant change in financial circumstances or extraordinary circumstances that prevent them from paying the full amount of arrears.
In addition, if the paying parent is behind more than three years on past-due child support, the court may choose to forgive all of the arrears due and rewrite the payment order for only current payments.
Ultimately, the court has broad discretion in deciding whether to forgive child support arrears in Kentucky, so it’s important to prove your case to the court if you’re seeking a reduction or forgiveness of your child support arrears.
It is also possible to negotiate a settlement directly with the custodial parent or their representative.
Finally, it is important to note that if the custodial parent is receiving benefits from the Kentucky Department for Community Based Services (DCBS), the state is contractually entitled to use any collected arrears to offset any public assistance debt the paying parent owes DCBS.
Therefore, if the custodial parent is receiving public assistance, the paying parent needs to negotiate a payment plan with DCBS to repay the debt before the child support arrears are forgiven.
Do you have to pay child support if you have joint custody in Kentucky?
In Kentucky, parents with joint custody arrangements usually don’t have to pay traditional child support. However, the non-custodial parent may still be required to assist with the costs of raising a child, such as paying medical, dental, and educational expenses.
This assistance is generally referred to as “medical support. ” Depending on the terms of the child custody arrangement, the non-custodial parent may also be asked to contribute to childcare and other expenses related to their child.
If there is no child support order, then the parents can decide between themselves who will be responsible for any costs associated with their child, such as medical and educational expenses. However, if a child support order is in place, and the parents want to change their arrangement to joint custody, the court may require them to submit an agreement outlining their revised financial arrangements for their child.
The court must approve any changes to a child support order, and may require that the parties include additional details such as a plan for managing shared expenses.
In any situation where parents of a child have joint custody arrangements, both parties should make sure that they understand their responsibilities and the financial implications of these arrangements.
It is important to note that any changes to an existing child support order must be court-approved and in accordance with the laws of the state.
What is the age of majority in KY?
In Kentucky, the age of majority is eighteen (18). This means that eighteen year olds are legally considered adults and have the same rights and responsibilities as any other adult. According to Kentucky law, when a person turns eighteen they are no longer a minor, and are therefore able to enter contracts, vote, join the military and purchase/consume alcohol without the need for parental consent or supervision.
How can I get around not paying child support?
The best way to get around not paying child support is to obtain a court order that allows you to modify your existing payment arrangement. This can be done through either an official court hearing, or an agreement between you and the other parent.
To obtain a court order, you must provide proof of income, assets, and other factors that may affect your ability to make the child support payment. Depending on your situation, the court may be able to modify the existing agreement.
If the other parent agrees, you may be able to negotiate a different payment arrangement outside of court. However, it is important to be aware that not paying child support may have consequences, such as wage garnishments, tax return intercepts, or jail time.
Therefore, it is important to understand the risks before attempting to make any modifications to your existing agreement.
Is Kentucky child support based on income?
Yes, Kentucky child support is based on income. The state of Kentucky uses a formula based on both parents’ gross income to determine the amount of child support that should be paid. The formula takes into account the following factors: total combined income, number of children, any pre-existing support obligations, parenting time information, and other unique circumstances.
The Kentucky Department for Income Support also has a Child Support Calculator to help parents easily calculate the approximate amount of child support based on their specific circumstances. Once parents have determined their child support obligation, they may use the official Court-approved Child Support Worksheet to work out an agreement on the final amount of the child support obligation.
The worksheet must then be submitted to the court for approval.
How much is child support for two kids in KY?
The amount of child support that is to be paid in Kentucky is determined on a case-by-case basis and is based off several factors including the gross income of both parents and the number of children involved.
Generally, a percentage of gross income is used to calculate the amount of child support that should be paid taking into consideration both the needs of the children and the respective incomes of both parents.
In Kentucky, the statutory percentage for two children is 20%. So for example, if one parent earns $50,000 a year and the other parent earns $30,000 a year, then the parent earning the higher income would be obligated to pay 20% of their yearly gross income as child support.
In this case, that would amount to $10,000 in child support annually ($50,000 x 20% = $10,000).
It is important to note that the statutory percentage guidelines used by the court in Kentucky will vary depending on the number of children involved in the case. For example, if there are three children involved, the statutory percentage increases to 22% for the same aforementioned incomes.
Furthermore, it is also important to be aware that these percentages are only guidelines used by the court when determining child support and the court may deviate from these guidelines as they deem necessary in order to serve the best interests of the child.
For specific questions regarding your own case, it is best to consult an experienced family law attorney in your area.
What percentage of your wages do you pay child support?
The exact percentage you pay for child support will depend on the laws of your state and the particular details of your case. Generally, the higher the income of the non-custodial parent, the higher the percentage of their income they must pay in child support.
The courts will review your income and expenses before determining what percentage is fair and reasonable. Depending on the disparity of income between both parents, the court may also assign an amount to either parent as part of the child support order.
Additionally, child support may also vary depending on how many children you have and the age and needs of the children. Ultimately, the amount is based on what is deemed to be in the best interest of the child or children.
Does child support go down if the father has another baby Kentucky?
In the state of Kentucky, child support payments are generally determined by state guidelines. So, whether or not the father has another baby does not necessarily mean that his existing child support payments would go down.
Generally speaking, the amount of child support a parent must pay is based on state-specific guidelines. In the state of Kentucky, these guidelines consider the income of both parents, how much time the child spends with each parent, the child’s standard of living prior to the divorce or separation, and other factors.
So, while the father having another baby may or may not affect the amount of child support he is paying, that would depend on the specific circumstances and the state guidelines in place. Generally speaking, other factors will be taken into account before any changes to the current child support amount are made.