Remarriage and Child Support in Kentucky

It's not unusual for divorced parents to want to remarry at some point. But if you live in Kentucky, you might wonder whether your remarriage (or your ex-spouse's) could affect the amount of child support you're paying or receiving. It won't usually make a difference, but it might in some special circumstances.

The Basics of Kentucky Child Support

In Kentucky, both parents have a legal duty to support their children financially. The parent who doesn't have physical custody of the children most of the time (the "noncustodial parent") usually pays child support to the custodial parent. This doesn't mean custodial parents get a pass. Rather, it's assumed they meet their support obligation by paying directly for the child's regular expenses, such as housing, food, and clothing.

Under Kentucky's child support guidelines, the amount of support depends primarily on the parents' income, how many children they have, and their custody arrangements.

Kentucky judges will presume that the amount of support calculated under the guidelines is correct. But a judge may order a different amount if the standard calculation would be unfair or inappropriate based on "extraordinary" circumstances, including a child's or parent's extraordinary needs. (Ky. Rev. Stat. § 403.211(3) (2024).)

Modifying a Child Support Order in Kentucky

If you want to change an existing child support order in Kentucky, you'll have to prove that there's been a change in circumstances since the current order went into effect, and that the change is "material" (meaning that it would affect the appropriate amount of support), substantial, and ongoing. (Ky. Rev. Stat. § 403.213(1) (2024).)

Kentucky law sets out certain scenarios that typically qualify for a modification of child support. For example, the law presumes that the changed-circumstances requirement is met when there's at least a 15% difference between the current support amount and the amount that's calculated based on the parents' current financial information. The law also presumes that a change of less than 15% doesn't meet the test. But a parent can try to overcome the presumption with evidence of changed circumstances that warrant a support modification. (Ky. Rev. Stat. § 403.213(2) (2024).)

Substantial changes in the amount of time each parent spends with the children, or a parent's failure to abide by an existing time-sharing plan, can also support a modification request. (Ky. Rev. Stat. § 403.2122(5) (2024).)

Does Remarriage Qualify as a Sufficient Change in Circumstances?

By itself, either parent's remarriage won't warrant a modification of child support in Kentucky. Although the state's laws and courts haven't directly addressed the issue, a few circumstances resulting from a remarriage might lead a judge to decide that a modification is warranted—if the judge believes those circumstances qualify as extraordinary.

Can a New Spouse's Income Affect the Amount of Child Support?

A new spouse's income won't directly impact an existing child support order. In the standard calculation of support, the earnings of either parent's new spouse aren't included in that parent's income.

However, as discussed above, judges in Kentucky have the leeway to decide whether certain circumstances are extraordinary enough to justify a deviation from the standard support calculation. And they can make that decision when a parent has requested a modification, as well as when child support is first being set.

This means that, in theory at least, a judge might decide that a noncustodial parent should pay more because a new spouse's significant contribution to living expenses frees up more of the parent's income to support the child—especially if the current support amount doesn't meet the child's needs.

In one Kentucky case, a judge considered the noncustodial father's living expenses (among other circumstances) when deciding that it was appropriate to deviate from the child support guidelines. The Kentucky Supreme Court affirmed that decision, based on the judge's broad latitude when deciding whether circumstances were extraordinary enough to justify a deviation. (Carver v. Carver, 488 S.W.3d 585 (Ky. 2016).)

Still, it's worth pointing out that the parents in the Carver case were both disabled with limited incomes, and they probably wouldn't have had enough money to maintain their households if the standard child support calculation applied. In different circumstances, a change in a parent's living expenses due to a new spouse's income isn't likely to qualify for a modification of child support—unless it made such a dramatic difference that the judge decided it was extraordinary.

Can Stepchildren and Children From a New Marriage Affect Child Support?

Unlike some other states, Kentucky law makes no provision for calculating or modifying child support based on the fact that a parent has additional children from a new marriage. That said, there's always the possibility that if a parent has significant additional costs because of a new child or children, that could conceivably qualify as a significant change of circumstances justifying a modification—and an extraordinary circumstance justifying a deviation from the standard calculation. You might see this when a parent is facing extensive medical and other costs because of a new child with a severe disability.

How to Go About Changing Your Child Support Order After Remarriage

Typically, parents who are seeking a modification of child support may request a review from Kentucky's child support enforcement agency to see if a new calculation (based on their current financial situation) shows a significant change in circumstances.

However, because Kentucky law doesn't include any provisions for modifications based on a new spouse's income or additional children from a new relationship, you should speak with a lawyer if you hope to change the existing amount of child support because of circumstances related to your (or your ex's) remarriage. A local, experienced family law attorney should be able to explain how the current law applies to your situation and advise you on the best way forward.