Child Support in Kentucky

Like every other state, Kentucky has guidelines to assist judges and parents in calculating child support. Several elements go into this calculation, and the process can seem intimidating for someone who doesn't regularly deal with this issue. It helps to understand how Kentucky's guidelines work, when you're first calculating child support as well as when either parent wants to change the existing support amount.

Which Parent Pays Child Support in Kentucky?

In Kentucky, both parents—regardless of their gender or marital status—have a legal obligation to support their children financially. The parent who doesn't have the children most of the time (the "noncustodial parent") usually pays child support to the custodial parent.

This doesn't mean custodial parents are escaping their responsibility. The guidelines assume they're meeting their share of the support obligation by paying directly for the child's regular expenses, such as housing, food, and clothing.

Each parent's share of the total support obligation, as calculated under the guidelines, is based on their proportionate share of their combined adjusted gross income (more below about what that means). For instance, if the noncustodial parent's income equals 60% of both parents' combined income, and the total support obligation is $1,530, the noncustodial parent would pay $918 in child support ($1,530 x 60%).

What Counts as Income When Calculating Child Support in Kentucky?

Before you can calculate the support amount, you'll need to gather information on both parents' adjusted gross income—gross income minus a few deductions allowed under the guidelines. (In this context, income and deductions don't mean the same as they do on income tax returns.)

Gross income includes:

• salaries, wages, commissions, and bonuses
• self-employment income (minus ordinary and necessary business expenses)
• dividends and interest
• unemployment, workers' compensation, and disability insurance benefits
• annuities, pensions, Social Security, and other retirement benefits
• Supplemental Security Income (SSI)
• gifts and prizes, and
• alimony (spousal maintenance) received.

Certain means-tested public assistance, such as SNAP (food stamps), are not included in gross income.

To arrive at adjusted gross income, deduct from gross income any payments a parent is making for:

• court-ordered alimony to a previous spouse or the other parent in the current case, and
• support for children from other relationships who were previously born, whether the payments are based on a court order or on the legal obligation to support the children.

(Ky. Rev. Stat. § 403.212(3) (2024).)

Can Kentucky Judges Impute Income to Parents?

Unfortunately, some parents try to avoid their child support obligation by purposely lowering or hiding their income. Kentucky, like all states, gives judges a way to deal with that ploy. When a parent is voluntarily unemployed or underemployed, the judge may calculate child support based on the parent's potential (imputed) income.

The guidelines specifically rule out using potential income when a parent is:

• physically or mentally incapacitated
• incarcerated, or
• caring for a child under four years old (as long as both parents are legally responsible for that child).

When judges are making decisions about potential income, they must consider all of the relevant circumstances, including:

• the parent's assets and residence
• the parent's history of employment and looking for work
• the parent's educational level, literacy, age, health, criminal record, and other employment barriers
• jobs that are available in the local labor market, and whether the parent would be qualified for those jobs, and
• prevailing earnings in the local labor market.

(Ky. Rev. Stat. § 403.212(3)(e) (2024).)

Adjustments to Basic Child Support in Kentucky

Kentucky's guidelines include adjustments to the basic child support obligation for certain child-related expenses and parenting arrangements, as well as for low-income parents.

Adjustments for Child Care and Health Insurance

The following expenses are added to the basic child support obligation:

• the cost of health insurance coverage for the child
• the child's extraordinary medical expenses (more than $250 a year of uninsured expenses per child), and
• reasonable and necessary child care expenses.

These costs are allocated between the parents based on their proportionate share of combined income. Then, the parent who pays for each expense receives a credit against their share of the support obligation.

(Ky. Rev. Stat. § 403.211(6), (7), and (9) (2024).)

Shared Parenting Adjustment

Kentucky recognizes that parents have additional expenses when each of them has physical custody of their children for a significant amount of time. That's why the guidelines include an adjustment for shared parenting. To qualify for this adjustment, each parent must have their child or children for at least 88 days during the year. A "day" means more than 12 consecutive hours when a child is under a parent's care, control, and supervision.

The shared parenting adjustment works like a credit for the parent who owes support (the one who has the kids for less than half the time or, if the parents have equal parenting time, the one with a higher income). The credit is a percentage of the total support obligation, and it ranges from 15% to 50% depending on the number of days the parent has the children.

(Ky. Rev. § 403.2122 (2024).)

Instead of an adjustment for split custody—when siblings live with different parents—child support is calculated separately for each household, and the parent who owes more will pay the difference to the other parent. But Kentucky changed the definition of split custody in 2022 to require that each parent has sole physical custody and decision-making authority for the child or children living with them. (Ky. Rev. Stat. § 403.212(3)(j) (2024).)

Because it's unusual these days for one parent to have complete decision-making authority for a child's upbringing (often called legal custody), it's not clear how Kentucky's unique definition of split custody will work when both parents have at least one of their children living with them but continue to share the important decisions about all of their children's lives.

Adjustment for Low-Income Parents

Kentucky's guidelines also include a built-in adjustment for low-income parents (known as a "self-support reserve"). The purpose of the reserve is to ensure, as best as possible, that a parent has enough money left over after paying child support to meet a minimum level of subsistence.

When a parent who owes support earns less than a certain amount (which changes regularly but is shown in the current guidelines), child support will be calculated based on that parent's adjusted gross income rather than both parents' combined income.

(Ky. Rev. Stat. § 403.212(5)(b) (2024).)

Is There a Minimum Amount of Child Support in Kentucky?

In Kentucky, the minimum guideline amount of child support is generally $60 a month, unless a judge has found that would be unfair or inappropriate (more below on that exception). (Ky. Rev. Stat. § 403.212(6) (2024).)

Can Child Support Be Different Than the Standard Calculation?

Kentucky presumes that the amount of child support calculated under its guidelines is the right amount unless a parent can prove that it would be unjust or inappropriate because of extraordinary circumstances, including:

• the child's extraordinary needs, including medical or dental needs, educational needs, or other special needs
• either parent's extraordinary needs, such as medical expenses
• one parent's failure to consistently follow the time-sharing schedule, and
• the fact that the parents' combined monthly adjusted parental gross income is higher than the top amount shown in Kentucky's current child support guideline schedule.

It's up to the judge to decide what "extraordinary" means in any case. (Ky. Rev. Stat. § 403.211(3) (2024).)

Can Parents Agree on a Child Support Amount?

Parents may (and usually do) agree on child support, either as a stand-alone agreement or as part of a comprehensive divorce settlement agreement. Before it can be part of an official court order, however, they need to submit their agreement to the court for approval, along with a worksheet showing the calculation of support under the guidelines.

As long as the parents demonstrate that they know what the standard guideline amount would be, their agreement to a different amount may be another reason the judge allows a deviation from the guideline. (Ky. Rev. Stat. § 403.211(3)(f) (2024).)

When Does Child Support End in Kentucky?

A parent's child support duty in Kentucky continues until the child reaches the age of 18 or is otherwise emancipated. However, if a child is still in high school after turning 18, support will continue until the end of the school year when the child turns 19. (Ky. Rev. Stat. § 403.213(3) (2024).)

If you're paying support for more than one child, your existing order won't automatically change when the oldest reaches any of the cut-off dates for the legal support obligation. Instead, you'll need to request a review and modification of your order (more on that below).

Parents may agree to extend child support beyond high school, such as when they want to support a child who's attending college or some other post-secondary education program. But they should submit their signed agreement for court approval to avoid any problems down the road.

How to Apply for Child Support in Kentucky

When parents are getting divorced, child support is handled as part of the divorce process. You can request child support when you file your divorce papers in Kentucky.

Outside of the divorce context, you may request child support by applying for child support services from Kentucky's child support enforcement agency. The agency will work with both parents to calculate child support under the guidelines. If needed, the agency can also help establish your child's legal paternity, locate a missing parent, or enforce an existing child support order.

Can You Change the Amount of Child Support?

Either parent may request a change in the amount of child support they're currently paying or receiving. The easiest way to do this is to request a review of the order from Kentucky's child support enforcement agency, to see if you qualify for a modification.

Under Kentucky law, child support may be modified only if there's been a change in circumstances that's material (meaning it affects the proper amount of support), substantial, and continuing. Certain provisions in the law affect how this requirement applies.

• Modification based on a new guideline calculation. The law presumes that you've met the changed-circumstances requirement if a new calculation of child support, based on your current financial circumstances, is at least 15% different than the existing support amount. Conversely, there's a presumption that you have not met that requirement if the difference is less than 15%. (Ky. Rev. Stat. § 403.213 (2024).)
• Modification based on parenting changes. A parent may seek a modification based on the other parent's failure to consistently follow their time-sharing schedule. Also, a parent may request a modification after there's been a 15% change in the number of time-sharing days, but that parent will still have to prove that the change in circumstances is material. (Ky. Rev. Stat. § 403.2122(5) (2024).)

A parent's involuntary loss of employment or income (such as when a parent becomes disabled or suffers other financial setbacks) could qualify as a change in circumstances, as long as it's substantial and continuing. Generally, voluntary unemployment or underemployment won't qualify. But when a parent continues to work full time after voluntarily reducing their hours, the loss in income won't automatically preclude a modification. In that situation, the result may depend on whether the primary purpose of the voluntary income reduction was to lower the child support obligation. (Gossett v. Gossett, 32 S.W.3d 109 (Ky. Ct. App. 2000).)

Kentucky's child support agency will file a modification request in court for you if you meet the 15% threshold for a presumption that you qualify for a modification (discussed above).

Otherwise, you'll need to apply directly to the court to request a modification. Then, you can try to convince a judge that the presumption against a modification (discussed above) doesn't apply in your case. If you choose this route, you should seriously consider speaking with a local family law attorney. Local attorneys are usually familiar with how Kentucky courts have ruled in circumstances like yours, as well as what a particular judge may be looking for when deciding whether to grant a modification.

You should also know that, ordinarily, a parent's remarriage won't directly impact the amount of child support.

More Child Support Resources in Kentucky

On Kentucky's Child Support Interactive website, you can find and download the forms and worksheets you'll need to calculate child support.

The state also offers an online Child Support Estimator, which will give you a quick estimate of the guideline amount of support based on parental income. However, the calculator hasn't been updated to account for shared parenting (as of July 2024). If you need help calculating child support and completing the necessary forms, contact your local Kentucky Child Support Office.

You can also check the Kentucky statutes for any updates to the law.

As helpful as these resources are, there might be some circumstances when it would be wise to consult with a family law attorney. This is especially true if you're seeking a deviation from the guidelines or a modification of an existing order that doesn't fit the legal presumptions (discussed above), or if you have complicated custody arrangements.