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How Child Care Costs Factor into Child Support Calculations in Kentucky 2026
Child support in Kentucky is designed to ensure that both parents share the financial responsibility of raising their children. One of the most significant components of a child support calculation can be work-related child care expenses—the costs a parent incurs to care for a child while working or seeking employment.
The intent is to ensure that the custodial parent can maintain employment without being unduly burdened by child care costs. This is an anticipated cost, since it is what we believe will be incurred by one or both parents for child care related expenses.
But what happens when these anticipated child care costs are not actually incurred? Can the paying parent (the “payor”) seek a reduction or reimbursement? This post explores how Kentucky law addresses child care expenses in child support calculations, what happens when those expenses change, and what legal remedies may be available when that occurs.
How Kentucky Calculates Child Support
(Including Child Care Costs)
It is important to first, understand how child support is calculated in Kentucky. Kentucky uses the Kentucky Child Support Guidelines, found in KRS § 403.212, to determine the amount of support each parent owes. The guidelines consider:
- Each parent’s gross monthly income
- The number of children to be supported
- Health insurance costs (anticipated cost)
- Work-related child care expenses (anticipated cost)
Under KRS § 403.211(6) and KRS § 403.212(7), work-related child care expenses are added to the base child support obligation and divided proportionally between the parents according to their respective incomes.
The intent is to ensure that the custodial parent can maintain employment without being unduly burdened by child care costs. This is an anticipated cost, since it is what we believe will be incurred by one or both parents for child care related expenses.
Calculating Child Support
(When Child Care Costs Are Not Incurred)
Problems arise when child care expenses—once part of the child support order—are no longer being paid. Common examples include:
- The child reaches school age and no longer requires full-time care
- A parent changes jobs or work schedules, reducing or eliminating the need for paid care
- A relative or new spouse provides care at no cost
- The child moves between households differently, reducing care hours
If the payor continues to pay support based on now non-existent child care expenses, they are, in effect, paying for costs that no longer exist.
Practical Advice for Kentucky Parents
If you believe your child support order includes child care costs that are no longer being paid, consider these steps:
- Review Your Child Support Order: Confirm what expenses were originally included and whether child care was specifically itemized.
- Document Changes: Keep detailed records showing when child care stopped and why (e.g., new school schedule, change in employment, or family-provided care).
- Communicate Carefully: If appropriate, discuss the issue with the other parent to verify whether care costs are ongoing. Keep communications respectful and documented.
- Consult a Family Law Attorney: A Kentucky family law attorney can assess whether your situation meets the “substantial change” threshold and help you file a motion for modification.
- Act Promptly: Remember that modifications are typically effective only from the date you file your motion, so don’t delay.
Legal Implications and Remedies When Child-Care Costs Are NOT Being Incurred But ARE Being Paid
Under Kentucky child support law, a parent may seek a modification of child support if there has been a “material change in circumstances that is substantial and continuing.”
KRS § 403.213(1) provides that a change in circumstances is presumed substantial if the modification would result in at least a 15% change in the child support amount.
Elimination of significant child care expenses usually meets this threshold.
What is the Process for Seeking a Modification?
- File a Motion: The payor must file a motion to modify child support in the same court that issued the original order. NOTE: You may be able to request this modification through the Child Support Office if the Child Support Office is administering to your child support obligation for collection and distribution.
- Provide Evidence: Documentation showing that child care expenses are no longer incurred is critical. This might include school enrollment records, statements from the prior child care provider, or employment records of the custodial parent.
- Court Review: The court will review the evidence and, if warranted, recalculate child support using current incomes and expenses.
Can I Get Reimbursed for Past Overpayments?
Kentucky courts are generally reluctant to order reimbursement for past payments made under a valid child support order, even if those payments were based on expenses no longer being incurred. Unless there was fraud or misrepresentation, courts usually only modify support prospectively, not retroactively.
However, Courts do address the expenses retroactive to the date the Motion to Modify was filed. Making prompt action is essential once it becomes clear that child care expenses are no longer being incurred.
Conclusion
Child care expenses are a key factor in Kentucky’s child support calculations, but when these costs disappear, continuing to pay for them can be unfair. The law provides a pathway for modification when circumstances change, but timing and documentation are critical. By taking these steps, individuals can address the issue of unincurred child care costs and seek a fair resolution in accordance with Kentucky law.
