Child Support

Child Support

During a divorce, separation, or paternity action, Kellner Green assists clients in determining child support payments and can also help clients modify or enforce existing child support orders. Typically, the non-custodial parent in a divorce or paternity action pays the custodial parent a fixed amount of money every month as child support. This money can be used to help support the child’s needs, such as educational expenses, food, clothing, medical care, and any other costs that affect the child.

Kentucky courts adhere to the Kentucky Child Support Guidelines set forth in the Kentucky Revised Statue (KRS) 403.212. These guidelines take into account several factors, including the income of both parents, cost of child care, and cost of medical insurance. The guidelines provide the following income definitions:

  • Income refers to the actual gross income of the parent if employed to full capacity or potential income if unemployed or underemployed.
  • Gross income refers to income from any source and includes but is not limited to income from salaries, wages, retirement and pension funds, commissions, bonuses, dividends, pensions, capital gains, and more.
  • Combined monthly adjusted parental gross income refers to the combined monthly gross income of both parents, less any deductions associated with pre-existing orders of maintenance and/or child support.

Kentucky determines the amount a non-custodial parent will be obligated to pay based on the combined monthly adjusted parental gross income and the number of children for whom the child support is needed. The minimum monthly child support payment set forth in the guidelines in Kentucky is $60. In situations where a family’s combined monthly adjusted parental gross income exceeds the highest levels defined in the guidelines, the court may use its judicial discretion when determining the amount of child support a custodial parent will receive.

It may become necessary to modify an existing child support order. Life events, such as the loss of a job, serious injury, or change in household income can trigger a need to change a child support order. KRS 403.213 defines the criteria for modification of orders for child support and health care. KRS 403.213 states that the child support obligation can be modified only if there is a material change in circumstances that is substantial and continuing. A material change in circumstances is presumed to have occurred if the proposed modification would result in at least a 15% change in the amount of support received in child support per month.

We regularly help our clients seek an enforceable child support order through the court system. We also assist in modification, termination, and enforcement of existing orders. Our goal is to ensure that our clients are receiving and/or paying the appropriate amount of child support based on their individual financial circumstances.

If you are interested in learning more about what Kellner Green can do for you regarding your child support case, contact us to set up a free consultation.

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