Divorce Kentucky Child Support
Divorce Papers > Divorce Child Support > Kentucky
In this state, the Income Shares Model is used for calculation of child support. Using these guidelines, the monthly support amount is calculated. Then, it is divided proportionally according to the income of each parent. The two amounts so obtained are compared to conclude which parent is supposed to disburse the amount. After examination of past W-2's and child support worksheets (these can be seen in the courthouse), verification of all the income is done.
Deviation from guidelines in Divorce Kentucky Child Support
The court reserves the right to make a specific finding or written finding in any case that if the guidelines are applied, the amount obtained is inappropriate or unjust to the parent. However, for this to happen, one or more of the following criteria must be included.
- The combined monthly adjusted gross income of the parents is more than that included in the Kentucky child support guidelines
- The child(ren) have independent financial resources
- Either parent has some extraordinary requirements like medical expenditures
- A child has extraordinary dental or medical expenditures
- The parents of the child have displayed that they know the amount of child support derives from the guidelines, but have mutually acceded to a different amount. However, if public assistance is disbursed on behalf of the child, such an agreement cannot be the basis for deviation
- Any other identical factor of extraordinary nature is recognized by the court to make the application of guidelines, an improper step
Termination of Divorce Kentucky Child Support
- The divorce decree may expressly mention the termination of child support or it may be otherwise acceded to in writing. If not, the following rules apply
- The support is cases by emancipation except when the child is a high school student who has completed 18 years of age
- Let us assume a case in which the child is emancipated, not due to marriage, but due to age. This child is a high school student. The support continues till the child is in high school, but not after the school's academic year, during which he/she has crossed the age of 19 is over
- If the parent expected to disburse support dies, this amount may be commuted to a lump-sum payment or revoked or modified. These steps are taken depending on how they are correct and just in the given condition
- If a child is emancipated, but when the child was an un-emancipated minor, some arrears of child support have accrued, these arrears are not cancelled after emancipation
Modification of Kentucky Child Support
Let us assume that one of the parents have filed a petition or motion for modification of the child support order. Then, the Kentucky child support guidelines are applied to the circumstances of the parents.
- If the alteration in the amount of support is at least or more than 15 percent, then it is rebuttably assumed that there have been a material change in conditions of the parents
- If the alteration is less than 15 percent, then the rebuttable presumption is that there is no material change in circumstances
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