In Kentucky there are child support guidelines that control most cases, but not all of them. To figure out what your child support might be, you will need to meet with us to determine exceptions or reasons the following does not apply to your situation. The purpose of this webpage is to explain how to calculate support in a standard case.
For the sake of clarity, we will use the names John and Mary in our example—and we will assume John pays and Mary receives support.
The law is clear that gender has nothing to do with child support. If the children are residing primarily with Mary, then she would get support from John. If the children’s living situation is reversed, John would get support from Mary. There are clear exceptions when time-sharing arrangements are not traditional, but in a standard situation here is how support is calculated: First you determine John's gross monthly income. That is before taxes come out and includes all sources including overtime and bonus. The Courts vary on how to annualize that, but anything that is income counts.
1. First you determine John's gross monthly income. That is before taxes come out and includes all sources including overtime and bonus. The Courts vary on how to annualize that, but anything that is income counts.
2. Then we calculate Mary's income. In this example let's assume that John's gross income is $4,000 a month and Mary's is $2,000. You add John and Mary's income together for a total $6,000. Then you look at the chart for the corresponding gross monthly income, then for the number of children in that gross monthly income category. For example, if there are two children, the gross amount of support is $1,157. How much John pays is a percentage of income. $4,000 is 66.23% of $1,157 or $771 per month.
3. There are also two major additions and subtractions to support in regard to health insurance and daycare costs. If John has health insurance for the children which cost him $100 a month, his support would be reduced $33.33 because Mary would have to pay a third. If Mary had the insurance coverage, then John's support would increase by $66.67. In addition if there are daycare costs of $400 a month, that gets divided with the same 2/3 to 1/3 ratio. If Mary pays it then John has to pay extra; if John pays it his support is reduced on his amount.
4. Most support is paid by wage assignment, which is different than a wage garnishment. Child care is often paid separately from the base support because that varies.
It is important to note that this is an example only. There are hundreds of exceptions. Typically the differences in calculating support involve what someone’s true support is and/or what it should be. Many people attempt to under-report their income. Also, if a child is less than four years old the court does not “impute” income to the person receiving support. There are also serious questions about how to deal with bonuses, overtime and other sources of income. For a more in-depth calculation of your support, always consult an attorney.
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