Common Misconceptions About Child Support in Kentucky

As a family law attorney here in southcentral Kentucky, I spend a lot of time talking with parents about child support. It’s a topic that often brings up a lot of questions, and unfortunately, a fair bit of misinformation.

I understand that for many parents - - especially those facing financial challenges - - the complexities of child support can feel overwhelming and even unfair. So, let’s clear the air and address some common misconceptions I frequently encounter. My aim is to provide you with a clearer understanding of how child support works in Kentucky family courts.

Misconception #1: Child Support is Just About Covering Basic Needs.

Many believe that child support payments are solely intended to cover the bare essentials like food and shelter. While these are certainly important components, the reality is that Kentucky’s child support guidelines are more comprehensive. They take into account a range of expenses necessary for a child’s well-being and development, including:

• Healthcare Costs: This includes health insurance premiums (with adjustments based on who pays), as well as uncovered medical expenses.
• Childcare Costs: If a parent needs childcare to work or attend school, these expenses are often factored into the calculation.
• Other Necessary Expenses: Depending on the specific circumstances and the child’s needs, other costs can be considered.

It’s important to understand that child support basically aims to ensure the child maintains a similar standard of living to what they would have experienced if the parents were still together, to the extent possible. This means goes beyond just the basics.

Misconception #2: The Parent Who Sees the Child Less Always Pays More.

While it's conceptually true that the parent with less parenting time often makes child support payments, the amount isn't solely determined by the timesharing schedule. Kentucky uses a specific formula based on the parents’ gross incomes and the number of children. The guidelines aim to ensure that both parents contribute to the financial support of their children proportionally to their ability to pay.

• Income is the Primary Driver: The higher-earning parent will generally have a larger support obligation.  This is true even if the parents have a 50/50 split in parenting time.
• Shared Parenting Considerations: If parents have a significant amount of shared parenting time, the guidelines have specific calculations to reflect this shared responsibility and the direct expenses each parent incurs when the kids are in that parent’s care.
• Deviations from the Guidelines: While the guidelines are presumed to be correct, there are circumstances where a judge may deviate from them if it’s deemed to be in the child’s best interest and there’s a justifiable reason.

It’s not simply about who has the child more; it’s about ensuring both parents contribute fairly based on their income.

Misconception #3: Once Child Support is Set, It Never Changes.

Life circumstances change, and so can child support orders. A significant change in either parent’s income, a change in the child’s needs (like a serious health issue), or a substantial shift in parenting time could warrant a modification of the existing child support order.

• Material Change in Circumstances: Kentucky law requires a “material change in circumstances” to modify a child support order, and for that change to be continuing in nature. This could include job loss, a significant raise in income, or maybe a change in the child’s healthcare needs.
• Periodic Review: It’s a good idea for parents to periodically review their child support order, especially if there have been significant life changes.
• Legal Process for Modification: To officially change a child support order, you typically need to file a motion with the court and demonstrate that a material change in circumstances has occurred.

Don’t feel trapped by an outdated order if your or your child’s circumstances have changed significantly. Seeking a modification may be necessary to ensure fairness.

Misconception #4: Child Support Payments Can Be Withheld If the Other Parent Doesn't Allow Visitation.

This is a perhaps the most common - - and most dangerous - - misconception, and can lead to serious legal trouble. Child support and parenting time are separate legal issues in Kentucky. You cannot legally withhold child support payments because you are being denied parenting time, and conversely, you cannot deny parenting time because child support isn’t being paid.

• Separate Legal Obligations: Both child support and parenting time are court-ordered obligations. Failing to comply with either can have legal consequences.
• Seeking Legal Remedies: If you are being denied your parenting time, you should seek legal remedies through the court to enforce the timesharing order. Withholding child support will not resolve the timesharing issue and could put you in violation of a court order.

Bottom line:  child support obligations do not pay for access to parenting time, or vice versa. It's crucial to address each issue through the proper legal channels.

Child support can be a complex and emotionally charged issue. My goal as a Kentucky family law attorney is not just to navigate the legalities but also to ensure that the process is as understandable as possible, especially for those facing financial hardship. If you have questions or concerns about child support in Kentucky, please don’t hesitate to reach out. Understanding your rights and obligations is the first step towards a more secure future for you and your children.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice to any current or future client of Reed Law Group, PLC.