How To File for Child Support in Kentucky
In Kentucky, both parents, irrespective of their gender or whether they are married or divorced, hold a legal responsibility to provide financial support for their children. This obligation is structured to ensure that the well-being of the child is prioritized, and it applies to all parents who have legal custody rights. For many, this process can feel intimidating and complicated, especially when you are first trying to file for child support or change the existing amount. In these instances, it helps to know how Kentucky’s child support guidelines work.
Which Parent Pays Child Support?
Traditionally, the parent who does not primarily live with the children is commonly known as the “noncustodial parent.” With a shift in the custody laws to shared parenting, most people are equal custodians. Recently, the Cabinet for Health and Family Services changed the child support worksheet form to reflect “Parent A” and “Parent B”. The Parent A column is now used for either the parent with more parenting time, or the lesser wage earner if equal parenting time. Parent B is either the parent with less parenting time, or the higher wage earner. If either parent will be paying child support, it would be Parent B.
It is important to understand that Parent B’s obligation to pay financial support through child support is aimed at helping cover the expenses related to raising the child and is determined following specific guidelines according to state law. In addition to the child support obligation, the parties are also ordered to divide health insurance, medical expenses, and childcare expenses proportionately. They may also be ordered to divide other expenses such as school fees, activities, sports, and other child-specific expenses.
Regardless of the child support obligation, each parent is expected provide for the child’s daily needs and expenses during their parenting time. These duties generally encompass essential costs like housing, food, clothing, and other necessities that enhance the child’s quality of life, which are generally considered part of the child support obligation and not divided proportionately. Parent A is never expected to account for essential costs that are included in child support, however, may be required to provide receipts and proof of payment for the expenses that are divided proportionally. The calculation of each parent’s share of the total support obligation follows a specific formula that takes their combined adjusted gross income into account. This ensures that child support payments are fair and aligned with each parent’s financial situation
How To Apply for Child Support in Kentucky?
Addressing child support is a crucial part of the legal process when parents are going through a divorce or custody in Kentucky. Parents can request child support at the same time they file their divorce or custody papers, ensuring that any financial obligations for their child’s care and upbringing are clearly defined and enforced in the divorce or custody settlement.
However, if a parent is not in the midst of a divorce, regardless whether or not married, they still have options for pursuing child support by applying through Kentucky’s child support enforcement agency. This agency is critical in supporting custodial and non-custodial parents by determining the appropriate child support amount based on established guidelines. They consider various factors, including each parent’s income, the number of children to support, and the child’s needs.
In addition, if a child support order has already been issued but is not being followed, the agency can take steps to enforce that order. This can include actions such as wage garnishment or other legal measures to ensure the child receives the financial support they are entitled to. Every county has its own child support office which is free to residents of the county. Their duty is to ensure support for the child, and do not represent either party that comes before them. Because of this, it is important to retain counsel to represent you in this calculation to ensure support is calculated correctly.
How Can a Family Law Attorney Help You with the Process?
Engaging the services of a family law attorney may initially seem like an unnecessary financial burden when pursuing child support. However, due to the complexities of child support cases, this assistance can prove invaluable. An experienced family law attorney not only provides guidance through the complicated and ever-changing Kentucky child support laws but also alleviates the stress of managing the case on your own. Their knowledge can save you countless hours of effort, promote a fair agreement, and protect you and your children’s rights, especially if your case is already in court, where the stakes can be exceptionally high.
Contact Hoffman Walker & Knauf Today To Review Your Case
If you are considering filing for child support in Kentucky or want more information about the process, contact Hoffman Walker & Knauf today. Our legal team is here to get you the answers you need.
