Child Support Calculations

Episode 5: Attorney George S. Lamb explains child support calculations and related issues. Child support comes into play regardless of whether the couple was married with children, unmarried or even in paternity cases. The purpose of child support is to contribute to the upbringing and welfare of the child or children.

Calculating Child Support
The State has a chart (“Child Support Guidelines”) used to determine the child support payment amounts. It takes the gross monthly income from each parent. The incomes are combined and a calculation based on the number of children the couple shares is made. The State estimates the expected costs of raising the child. The obligations are calculated based on the guidelines and applicable forms.

Health insurance is factored into the child support obligation. Expenses related to extracurricular activities are considered. Educational expenses can be included in the calculations. Child care costs may also be considered.

The parenting schedule is a factor in the child support calculations. For this reason, the chart/forms should be considered guidelines, rather than hard and fast determinations.

Handling a Disparity of Incomes between the Parents
It’s not uncommon for one parent to earn more than the other. The child support obligations should be proportionate to the difference in incomes. The parent earning more would typically be obligated to a larger proportion of the expenses related to raising the child.

Specific considerations that must be included, such as health insurance, child care, education, special needs, etc. The parenting time allocation is also relevant.

What if the Parents Earn Relatively Similar Incomes?
For parents who earn the same gross, monthly income and have 50/50 share of the parenting time, why would child support be paid?

The child support worksheet attempts to factor in all of the issues in determining the amount of child support that will be paid.

Can Child Support Obligations by Changed over Time?
Yes, child support can be modified (Listen to Episode 4). The situation that exists today will change with time. The needs of a young child are different from a teenager's. For instance, a teenager wouldn’t necessarily have child care expenses.

One parent can petition for a modification. Suppose the other parent got a significant promotion. If a child from a previous relationship has aged out of child support, that parent should be able to handle a more proportionate amount of child support or the other child/children.

The court is looking for a substantial and continuing changes in circumstances. There are established thresholds for evaluating whether the change qualifies for a child support modification.

Job loss, could also qualify. The court will evaluate why the loss happened. If a parent is not currently working, he/she is not necessarily relieved of the child support obligation. Under-employment is looked at closely, because the other parent should not be burdened by a former spouse who is gaming the system.

A significant change in parenting time could also qualify for a modification of child support. If you think a modification is in order, consult with your family law attorney.

How Do You Pay Child Support?
The Kentucky Child Support Enforcement Agency has an online payment portal you can use to make your payments. There is a third-party record of your payments, should a dispute arise.

You may have the option of paying via another way. If so, it’s important that you have a receipt and a record of every payment you make.

What if My Former Spouse Is Not Paying His/Her Child Support Obligation?
There are enforcement mechanisms to assist you, if you’re ex fails to pay the required child support. Contact the Child Support Office for your county. The Kentucky Child Support Enforcement Hotline is (800) 248-1163.

When Do Child Support Obligations Stop?
Child support obligations most commonly terminate because the child ages out at age 18. However, if the child is still in high school, the obligations usually continue until he/she finishes. It will then stop at 19 years of age.

If you are paying child support, you have to initiate the termination by filing a motion with the court (or having your family law attorney do it for you).

If the child attends a 2-year or 4-year college, after high school, this does not extend your child support obligation window. If you agreed to a different arrangement in your divorce settlement, but that’s a different issue.

Is It Time to Contact George?
Call and/or text George on his cell phone: (502) 640-9797

Information provided is not meant to be legal advice. Listening to this podcast does not establish an attorney-client relationship.

Lamb & Lamb, PSC address: 4310 Robards Lane, in Louisville.
Office phone number: (502) 451-6881
Website: https://www.LambandLamb.com