Child Support – Non-Guideline Cases

Kentucky has established a set of child support guidelines that apply in many cases, especially those cases where children reside primarily with one parent.

How do courts in Kentucky, including courts in Jefferson County and Oldham County, calculate child support in shared parenting time situations, otherwise known as 50-50 time sharing? (Click here for a more-detailed discussion on shared parenting time.)Child support, deviation, parenting time, 50-50. shared, Kentucky, Family Law, Jefferson County, Oldham County

Unfortunately, the Kentucky legislature has not given attorneys or litigants a clear-cut answer about how to calculate child support in situations where children equally divide time between the homes of both parents. Without a specific statute for guidance, and without a formula, such as the one utilized in the child support guidelines, individual judges have devised their own preferred methods for calculating child support in shared time arrangements.

While the methods for calculating child support in shared parenting time arrangements vary, the Court often deviates from the guidelines in setting support in cases with a true 50-50 split in parenting time.

This can mean a drastic reduction in the paying parent’s child support obligation and an equally drastic reduction in the receiving parent’s award. Parents must remember, however, that Courts in Kentucky are not required to deviate from the guidelines in shared parenting time cases, and if the Court elects to deviate it must make specific findings of fact about why the guidelines should not apply.

The family law attorneys at The Gailor Law Office – Jason Dattilo and Andrew Gailor – are familiar with the different ways judges in the Louisville area calculate child support in 50-50 parenting time cases. Call today for a free consultation.

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