Kentucky made joint custody and equal timesharing in 2018 the default, but did not update the statutes regarding child support obligations, creating a confusing child support landscape for people exercising shared or equal parenting time.
Because of the confusion, we often answer many of the same questions for our clients regarding child support. As a service to our clients (and other Kentucky parents with questions about child support with 50/50 timesharing), we have developed this FAQ:
FAQ on Child Support & Equal Timesharing
1Do I have to pay child support if we do 50/50? Or, will I receive child support if we do 50/50 timesharing?
In most courts, exercising 50/50 timesharing can act to reduce the amount of support owed, using a different method to calculate child support, known as the Colorado Method.
Many parties chose to voluntarily waive the right to receive child support in equal parenting time situations, but courts are not usually willing to order this.
2How is child support calculated in Kentucky?
Despite Kentucky changing laws regarding custody and timesharing in 2018, they did not change the statutes regarding child support. The current child support statutes do not take into account parenting time. They calculate child support strictly off of gross income and costs for daycare and health insurance.
Deviations from the formula detailed in KRS 403.212, varies from family court to family court, and is solely at the discretion of the family court. However, most family courts recognize the formulas shortcomings and are willing to deviate as needed.
3Can we come up with our own child support agreement?
Absolutely! Parents are permitted to collaborate regarding child custody, timesharing and support. This option can result in a more agreeable result for both parties and the children, as well as being a faster and cheaper option. Once parties have come to agreed upon terms, they simply need to submit those terms to the family court for approval.
Some parties are able to come to agreement on their own, without assistance. However, this can be difficult and often parties do know what they need to discuss or what terms need to be addressed. This is where an experienced mediator or family law attorney can come into play. A skilled professional in these fields can help lay out what issues need to be addressed, what options are available and how to submit them to the family court for approval.
4Can I Waive Receiving Child Support?
Yes. As long as the child(ren) will be adequately provided for in both houses without child support a party can waive the right to receive child support.
These are just a few common questions that people who are enjoying 50/50 timesharing may have about child support in Kentucky. If you have additional questions, please contact us to set up a consultation appointment. We will be happy to help you.