Kentucky Proposes Changing Child Support Laws

By Tara N. Brewer

A proposed bill in Kentucky to modify the state’s “outdated” child support laws could lessen a child support payor’s obligations.

Results from a 2008 survey for the state Child Support Guidelines Review Commission suggested that the analysis of parental spending plans are outdated, as the current analysis of parental spending plan is based off of data from 1987.

Proponents of the legislation argue that since 1998 the standard of living has changed, the spending patterns of the average family have changed, and the old analysis doesn’t account for an increase in the number of children.

New Child Support Definitions

Proposed definitions in the amendment include:

• Self-employment income includes rent, royalties, proprietorship and joint ownership.
• Gross income includes the income from any source, such as salaries, wages, severance, unemployment insurance benefits, trust income, commissions, pensions, bonuses, dividends, capital gains, disability, Supplemental Security (SSI), gifts, prizes, or alimony received.
• One day of parenting time means that the parent has physical control of the child overnight.
• Income involves the actual gross income of the paying parent’s actual and potential income.
• A shared parenting order means that both parents share custody if the child resides with them more than 109 days per year.

Possible amendments include:

• Child support revisions don’t apply if the paying parent receives public assistance.
• Child support revisions can be made if parenting time is over 109 days but doesn’t exceed 146 days.
• The child support revision can only be done if it doesn’t compromise the child’s basic needs.
• The child support revision has to be in the best interest of the child.
• The child support revision can be made if the paying parent experiences an increase in expenses with the shared parenting order.
• The child support revision can be made if the court finds that one parent has physical custody of the child more than 146 days per year.
• The child support revision can be made if one parent doesn’t comply with the shared parenting order.
• The child support revision won’t require the paying parent to pay more than the maximum obligations.
• The child support obligation is divided between both parents by their monthly adjusted gross income.

Senate Bill 87 has passed in the Senate and is awaiting approval in the House, as of late March 2013.

If you have questions regarding the child support laws in your state, please contact a Cordell & Cordell office to discuss your rights.