The divorce and family law attorney at Monzingo Law Office is open for virtual appointments and in Lexington for in-person appointments.
In Kentucky, child support is determined by the parents' gross monthly income and the number of children they have. There is a guideline that correlates incomes and the number of children in order to calculate child support. The cost of health insurance (medical, dental and/or vision) and the cost of qualifying child care are added to that obligation. The total obligation is apportioned to the parents relative to each parent's proportional share of the total gross monthly income.
Determining income for child support purposes can be a challenge when a parent is paid "under the table" or is not employed to his/her proper capacity. These are particular circumstances in which the assistance of counsel to advocate for you is beneficial.
Child support can be modified until the child emancipates. There is a rebuttable presumption that child support is modifiable when there is a material change in circumstances that is substantial and continuing. For the base amount of child support, the change can be retroactive to the date a motion is filed for modification and for health insurance and child care it may be modified for a longer period. This makes it important to timely file a motion for a modification when there is a change in income or the child ages out of full-time child care.
The child support obligation may deviate from the guideline schedule under certain circumstances. A substantially equal timeshare arrangement is one reason the court will deviate from the guideline.
Having an experienced family law attorney counsel on your side can help you make sure that the right child support is set for your child.