MAKE SURE TO MODIFY YOUR CHILD SUPPORT IF YOU CAN’T PAY!
NO RETROACTIVE MODIFICATION IN KENTUCKY CHILD SUPPORT.
It is important for parents in Kentucky to know that there is no retroactive modification of child support allowed in the state of Kentucky. Therefore, it is important to modify your support obligation whenever the grounds support such a change. If you have lost income or are going through a long term illness or even if you changed jobs it is imperative that you file your Motion with the court. Why? Because there is no retroactive modification of child support in Kentucky.
WHAT IS THE NEW LAW IN KENTUCKY CONCERNING SPLIT PARENTING TIME AND CHILD SUPPORT?
The newly created KRS is as follows: ” 403.2121 Establishment of adjustment to child support obligations based upon parenting time.”
The new law applies to families where the child is not receiving public assistance.
The new law differentiates based on whether or not the parties have equal or unequal parenting time.
EQUAL PARENTING TIME
If equal parenting time then what? Child support obligation is determined as normal. The parent with greater obligation shall pay the difference to the parent with the lesser obligation.
UNEQUAL PARENTING TIME
Child support is based on the percentage of overnight stays.
What is an overnight stay? Overnight stay-shall include the costs associated with feeding and transporting the child, entertainment, attending to school work, athletic events, extracurricular activities, or other expenses that transfer with the child as they move from one parent to the other.. Not just a place to sleep!!
Of course parties are always free to agree with each other on the amount of child support, subject to the Court’s approval.
Copyright@Anna Aleksander. Disclaimer this article/blog does not constitute legal advise but is intended to describe the general law. It should not be relied upon.