Understanding Child And Spousal Support Obligations In Kentucky
Our attorneys at Wilson, Stavros, Rowsey & Thomas are ready to guide you through all aspects of your family law case, including child support and spousal support orders and modifications. Since these are ongoing financial commitments that may continue for years, it is important to ensure that the final court orders are both reasonable and sustainable.
A Basic Overview Of The Factors Involved When Determining Support Amounts
Here in Kentucky, child support is typically calculated based on three factors, including the following:
- The total income of both parents
- How many children require support
- The specifics of the child custody arrangement
If you are a parent who has custody less than half the time, then you will likely be asked to pay child support unless you make significantly less money than your child’s other parent. Even if parents share custody equally, however, the spouse with the higher income will be responsible for paying some child support. If parents earn equal paychecks and split custody 50-50, then there might be no child support order. But that scenario is very rare.
Courts determine child support responsibilities first as the first payment responsibility. This means that the child support amount that has already been determined will impact the amount of alimony and the ability of the paying spouse to make spousal maintenance payments.
What An Experienced Attorney Can Do For You
Support calculations use formulas and specific legal requirements. While you don’t have control of the formulas, you can at least ensure that the data the court works with accurately reflects your financial situation. Your lawyer will help you keep the court informed of any financial information that is out of date or inaccurate or that gives a misleading impression of your real-life circumstances.
How Do Kentucky Courts Determine Spousal Support?
Kentucky law sets out a two-step process for judges making decisions about post-divorce alimony. They must first decide whether the requesting spouse lacks enough property to meet their reasonable needs – including marital assets they’ll receive as part of the property division – and is either unable to support themselves through appropriate employment or must remain home to care for a child whose condition makes outside work impossible.
If a spouse meets the initial eligibility requirements for alimony, then the judge will decide how much maintenance to award and how long the payments should last. The Kentucky courts consider several factors when determining the appropriate amount, including:
- The financial resources of each spouse
- The standard of living established during the marriage
- The duration of the marriage
- Each spouse’s age and physical condition
- The ability of the receiving spouse to become self-sufficient
Kentucky law does not use a formula to determine spousal maintenance, and courts exclude marital fault when deciding whether to award support. However, once the need for support has been determined, judges may consider marital fault when setting the amount and/or duration of support.
Petitioning To Modify Child And Spousal Support Orders
When financial and family circumstances change, courts should adjust support orders accordingly. Here are some examples of events that might warrant a petition:
- You lost your job or have experienced a long-term reduction in hours.
- Your co-parent or former spouse got a new job that pays significantly more money.
- Your children are now older and involved in many extracurricular activities, all of which come with costs for enrollment and equipment.
- One of your children has developed a medical condition with many out-of-pocket expenses that insurance does not cover.
If the spouse who receives alimony starts living with a new partner in a marriage-type relationship, that might be a valid reason for a modification if the relationship could provide new financial resources. But a judge would have to look into the specific circumstances to determine whether that’s the case.
If you or your co-parent has experienced a significant change in financial circumstances or your children’s needs have changed, our team can help you petition the court to modify the support orders.
What Happens If Support Payments Aren’t Met?
Kentucky takes support enforcement seriously. Multiple tools exist to collect unpaid child support and spousal support. Child support enforcement tools include:
- Income withholding orders
- Taking overdue support from unemployment or workers’ compensation benefits
- Intercepting tax refunds, lottery winnings or government payments
- Seizing money from bank accounts
- Filing liens on property
- “Booting” the delinquent parent’s car until they pay arrearages
- Suspending or revoking state-issued licenses
Kentucky law makes it a misdemeanor for parents to “persistently” fail to pay child support they could reasonably provide. The crime becomes a felony for “flagrant nonsupport” if the parent owes at least $2,500 in back support or hasn’t paid for at least six months.
If the court finds the paying parent guilty of contempt, then it could order the entire arrearage paid in full, award attorney’s fees to the receiving parent and possibly order jail time.
If alimony goes unpaid, then the owed debt becomes alimony arrears. Courts can collect arrears through mediation, small claims court or wage garnishment. Failure to comply with a court-issued spousal support order may result in a contempt of court charge.
Have Child And Spousal Support Questions? Contact Us For More Information.
Wilson, Stavros, Rowsey & Thomas, is located in Ashland and serves clients throughout the surrounding area in Kentucky. For case-specific advice and answers to your family law questions, contact us to arrange an initial consultation with an experienced attorney. You can call us at 606-618-0929 or send us an email.