How Child Support Is Calculated: A Comprehensive Guide

When parents separate or divorce, addressing the financial needs of their children becomes a priority. Child support makes sure that children receive adequate resources, even when their parents live apart. In Kentucky, child support is determined using specific guidelines designed to promote fairness and consistency.

These calculations can be challenging. That’s why Caleb Bland Law, PLLC is here to walk you through this process in family law. Let’s take a look at how child support is calculated for Elizabethtown, Kentucky, and the surrounding areas.

What Is the Purpose of Child Support?

Child support is meant to cover the essential expenses of raising a child. These include food, clothing, housing, education, and healthcare. The goal is to provide children with a stable and supportive environment, regardless of changes in their family structure. 

By allocating financial responsibilities between parents, the law strives to protect children from financial hardship.

Kentucky’s Child Support Guidelines

In Kentucky, child support is calculated using statutory guidelines. These guidelines consider several factors to determine the amount owed. The primary tool for calculation is the state’s Child Support Guidelines table, which outlines obligations based on parental income and the number of children involved.

The formula takes into account:

• The combined monthly income of both parents

• The proportion of each parent’s contribution to the combined income

• The number of children requiring support

• Necessary adjustments for additional expenses, such as childcare and medical insurance

By following these guidelines, Kentucky aims to provide a fair and consistent approach to determining child support.

Step-By-Step Calculation of Child Support

Here’s a simple, step-by-step guide to help you understand how child support is calculated, breaking down each factor along the way.

1. Determining Gross Income

The process begins with identifying each parent’s gross income. Gross income includes wages, salaries, bonuses, commissions, and other sources of earnings. It may also include unemployment benefits, Social Security benefits, and rental income. However, certain deductions, like income taxes and union dues, aren't included.

In family law, if one parent is self-employed, their gross income is calculated by subtracting reasonable business expenses from their total revenue. This makes sure that only actual earnings are considered.

2. Combining Parental Income

Once each parent’s gross income is identified, the figures are combined. This total forms the basis for determining the overall financial responsibility shared between the parents.

3. Consulting the Child Support Guidelines Table

Using the combined monthly income, parents can refer to Kentucky’s Child Support Guidelines table. The table outlines the base support obligation for families of varying income levels and the number of children. This figure represents the minimum amount necessary to support the children’s basic needs.

4. Allocating the Support Obligation

The next step involves dividing the base support obligation proportionally. Each parent’s share is determined by their percentage of the combined income. 

For example, according to the Legislative Research Commission, if one parent contributes 60% of the combined income, they’ll typically be responsible for 60% of the child support. Of course, there are also adjustments that may need to be made.

Adjustments for Additional Expenses

Beyond basic needs, additional expenses may require adjustments to the support calculation. These expenses include:

• Healthcare costs: Kentucky law mandates that parents provide for their children’s medical needs. This may involve adding the cost of health insurance premiums or out-of-pocket medical expenses to the support obligation.

• Childcare expenses: If childcare is necessary for a parent to work or attend school, those costs are factored into the calculation.

• Educational expenses: While not always mandatory, certain educational costs, such as tuition or special programs, may be included.

By factoring in these additional expenses, the child support calculation reflects both parents' contributions to their child's overall well-being and development.

Factors That May Influence Child Support Amounts

Although the family law guidelines provide a structured approach, courts have discretion in specific cases. Some factors that may influence child support amounts include:

• Shared parenting arrangements: When parents share custody equally or near-equally, the calculation may differ to reflect the time spent with each parent.

• Deviation requests: Courts may approve deviations from the guidelines if strict adherence would lead to unfair results. For instance, extraordinary income or significant financial hardship could warrant adjustments.

• Additional support needs: If a child has special needs or extraordinary expenses, such as medical treatments or therapies, courts may increase the support obligation.

Ultimately, while the guidelines provide a baseline, courts have the flexibility to adjust child support amounts based on individual circumstances to achieve a fair outcome for all parties involved.

Modifying Child Support Orders

Child support orders aren't set in stone. Either parent can request a modification if there’s been a significant change in circumstances. Examples of changes that may warrant a modification include:

• A substantial increase or decrease in either parent’s income

• A change in custody arrangements

• The child reaching the age of emancipation

To modify a support order, parents must file a motion with the court and provide evidence supporting the requested change.

Enforcing Child Support Obligations

When a parent fails to meet their child support obligations, enforcement measures may be taken. Kentucky’s Division of Child Support (DCS) has several tools to address non-payment, including:

• Wage garnishment: Automatically deducting child support from the non-paying parent’s wages

• Tax refund interception: Redirecting federal or state tax refunds to satisfy unpaid support

• License suspension: Suspending the driver’s, professional, or recreational licenses of parents who are behind on payments

• Legal action: Filing contempt motions to compel compliance

These enforcement measures help hold parents accountable and helps to make sure that support is paid to support the well-being of the child. However, there are still a few misconceptions that parents may have about how this support works.

Common Misconceptions About Child Support

Understanding how child support works can dispel common misconceptions. Some of most common myths about child support include:

• Myth: Only one parent contributes to child support: Child support isn't solely the responsibility of the non-custodial parent. The custodial parent is assumed to contribute directly by covering daily expenses.

• Myth: Child support and visitation go hand in hand: A parent can't withhold visitation rights because the other parent hasn’t paid child support, and vice versa.

• Myth: Child support is for the financial benefit of the custodial parent: Child support is intended to benefit the child, not the receiving parent.

Parents in Kentucky should also be aware of specific provisions under state law that may impact child support. 

Additional Considerations for Kentucky Families

Child support obligations typically continue until the child turns 18 or graduates from high school, whichever occurs later. However, support may end earlier if the child becomes emancipated through marriage or military service.

Another important aspect is the possibility of retroactive child support. Courts can order retroactive payments if there’s a delay in filing for support. This often applies to cases where one parent has shouldered all financial responsibilities without assistance.

Kentucky also provides options for dispute resolution outside the courtroom. Mediation, for example, can help parents reach agreements on child support without prolonged legal battles. This approach often promotes cooperation and reduces stress.

Addressing Child Support for Multiple Families

In cases where a parent has obligations to multiple families, child support calculations may become more intricate. Kentucky law accounts for these scenarios by adjusting the gross income used for calculations. 

For instance, pre-existing child support obligations for other children are deducted from the gross income before determining new obligations.

It’s also worth noting that additional families can request modifications to existing orders if a parent’s financial situation changes. Courts aim to balance the needs of all children while maintaining fairness among families.

Contact Our Firm Today to Get Started

We serve clients in Radcliff, Shepherdsville, Bardstown, Brandenburg, Leitchfield, Hodgenville, Louisville, Hardin County, Meade County, Grayson County, Breckinridge County, Nelson County, LaRue County, Hart County, Bullitt County, and Jefferson County. Contact us at Caleb Bland Law, PLLC today with any family law concerns.