There are many changes in Kentucky child support law that take effect in March, 2022.
Child support is primarily found in KRS §403.212. The new law is now codified, was signed into law in March, 2021 but takes effect in March, 2022. There are 2 major changes in the law:
- The first change relates to split custody. Since Kentucky law now has a presumption of shared parenting, split custody is generally used in majority of cases. As outlined in paragraph (6) The child support obligation in a split custody arrangement shall be calculated in the following manner:
(a) Two (2) separate child support obligation worksheets shall be prepared, one (1) for each household, using the number of children born of the relationship in each separate household, rather than the total number of children born of the relationship. (b) The parent with the greater monthly obligation amount shall pay the difference between the obligation amounts, as determined by the worksheets, to the other parent.
The second change relates to the presumed maximum, or top of the child support guidelines. Previous to the new enactment, the child support guidelines capped out at combined monthly income of $15,000. This equates to $180,000 per year. While this may seem like a lot of money (and it is to many), the reality is that if you have 2 working parents, it would cap out if both are earning $90,000/year. This left open many areas for litigation with parties earning over this amount. The new guidelines DOUBLE this cap rate. Under the new plan, the guidelines reach combined monthly income of $30,000/year.
There remains many issues which may lead to litigation. Those include primary custody, parenting time, relative earnings, underemployment, and imputation of income.