Helping Families Navigate Child Support Disputes in Daviess County
Child support is a monthly payment from the noncustodial parent to the custodial parent to help cover the costs of raising their shared child. The amount of child support ordered in a child support case will depend on each parent's income and the number of children requiring support.
Kentucky child support payments will generally continue until the child turns 18 years old or until they finish high school. Whatever support amount the parents agree to, they must have a court approve the final arrangement. As such, a court can decrease or increase the amount of child support if they deem the proposed amount unfair or unable to meet the child's financial needs.
Are you dealing with a child support dispute in Kentucky? Call Bamberger & Brancato, PSC today at (270) 926-5050 or contact us online to schedule a meeting with our child support attorney in Owensboro!
How is Child Support Determined in Kentucky?
One of the primary factors guiding child support determinations in Kentucky is both parents' gross income, which includes income from all types of sources like a parent's salary, wages, bonuses, and commissions from their job, as well as any military pension or severance pay. It also includes income from royalties, dividends, or a trust (Ky. Rev. Stat. Ann. § 403.212 (2020)).
Even an unemployed parent has calculable "income" for child support purposes. Such income may include Social Security, workers' compensation, unemployment, or disability benefits. Gifts, prizes, and spousal support or alimony received also count. A court may also assign potential income to a parent who is voluntarily unemployed or underemployed unless they have a good reason for working less or not at all (such as a disability). A court also will not impute income to a parent who cares for a young child.
In addition to gross income, parents will also need to note if they either pay spousal support to a previous spouse, pays child support under any preexisting child support order, or makes payments in support of additional children who a prior support order may not cover. These items are the deductions that will result in the parents' final adjusted gross income, which will be the basis for a standard amount of child support per child.
Parenting Time Total Caluclations
The Parenting Time Totals (PTT) factor helps determine how much time each parent has with their children, which then affects the amount of support to be paid.
The PTT is calculated by assigning each parent a percentage of time spent with the child in relation to the other parent’s time. If one parent has primary custody of the child, they typically receive 100%, while the other may only receive 25-30%. The total number of days per year is then divided among both parents accordingly and multiplied by an adjustment rate based on income levels. This calculation is then used to determine how much each parent should pay monthly for child support per their agreement or court order.
Adjusting Child Support in kentucky
A court may decide to adjust the proposed support amount based on the following factors:
- The child's extraordinary medical or dental needs
- The child's extraordinary educational, job training, or special needs
- Either parent's own extraordinary needs, such as medical expenses
- The independent financial resources, if any, of the child or children
- Combined monthly adjusted parental gross income in excess of the Kentucky child support guidelines
- The parents' agreement to child support different from the guideline amount, but only if the child does not receive public assistance
- Extraordinary factors specifically identified by the court which would make application of the guidelines inappropriate
Keeping You and Your Child’s Interests at the Forefront
At Bamberger & Brancato, PSC, we aim to help parents and their children navigate an often-complex legal system, especially when facing negotiations as important as child support. Following a divorce, you should not be juggling the overwhelming responsibility of caring for yourself and your child alone. Our attorneys have 90 years of combined experience and are dedicated to helping you and your child adjust to your new normal.
Bamberger & Brancato, PSC is here to help you negotiate a fair child support arrangement or seek modification for an unreasonable one!
“I highly recommend him. You want Frank on your side.”- Jim Y.
“Intelligent, fair, honest and sympathetic which is exactly what a good Attorney should be during a time when things seem uncertain for you.”- Former Client
“I will definitely work with Frank and his office again if ever the need arise.”- Ryan W.
Modifications of Existing Child Support Orders
As with most family legal orders, they may be modified under appropriate reasons. Once a child support order is in place, either parent has the right to ask for a review of the amount. Kentucky’s Cabinet for Health and Family Services can decide to change the child support amount due if either parent has experienced a material change in circumstances that results in a 15% increase or decrease in the amount of support due per month.
Note that a material change in circumstances might be when a parent relocates, loses a job, remarries, or has another child. A parent may also ask to modify a support order to add health insurance or other medical support (Ky. Rev. Stat. Ann. § 403.213 (2020)).
Contact Our owensboro Child Support Attorney Today
If you have legal questions about your current child support order or if you seek to request a modification of your order, consult an experienced child support lawyer for legal support. Kentucky’s income guidelines for calculating support are largely straightforward, though the presence of certain factors may warrant a deviation from the guidelines.
Our Owensboro child support attorney can better guide you in negotiating child support and ensure your rights are protected in these negotiations. Bamberger & Brancato, PSC has years of professional experience representing parents in family matters like child support, so they have the skill and knowledge to safeguard your and your child’s rights in the face of child support negotiations.
Contact Bamberger & Brancato, PSC today to schedule a FREE consultation with our child support lawyer in Owensboro!
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