Who Is Responsible For Child Support Matters When Parents Are Divorcing?
Generally, the parent who has the child less of the time pays child support to the other parent. In a situation where the parties are equally sharing time with their child, the party who makes more money may be responsible for child support. If you have your child less than 50 percent of the time or if you make more money than the other parent does, you are probably going to have to pay child support in the event of a divorce.
How Is The Amount Of Child Support Calculated?
We have child support guidelines in the state of Kentucky which determine the child support obligation amount, but the standard calculator available online is from before Kentucky established the presumption of equal parenting time. There is customized software that our judges use to go over scenarios with people. We have the same software in our office, which can be used to estimate the child support obligation in a situation where the child is shared equally.
Does Kentucky Recognize Alimony Or Spousal Support In A Divorce Case? If So, Who Generally Has To Pay?
Alimony is called spousal maintenance in the state of Kentucky. There is no test as to whether you qualify. The length of the marriage is one of the factors our courts look at, as is a disparity in income. If you have someone who has traditionally been the one who is employed and the other person has been a stay at home spouse, then they likely don’t have the education or the work history to be able to support themselves after the marriage is over. Generally, the breadwinner spouse is going to be the one who is looking at a maintenance obligation, in addition to any child support obligation.
If One Of The Spouses Has Moved Out Of State, Where Does The Jurisdiction Lie?
Jurisdiction would lie with wherever the parties traditionally lived before the separation. Most commonly, the husband and wife are living together, one files for divorce, and then one is entitled to ask for maintenance, even if the other one is no longer living in the state.
What Is The Calculation For Maintenance?
There is no state approved calculator for maintenance. The court is supposed to look at factors such as the age of the parties, how long they have been married, what their relative incomes are, and their expenses. We have a software where we can put in the parties’ taxable incomes and get recommendations about not just the amount of maintenance, but the duration. This software can estimate what a judge may do. Permanent maintenance is an option in Kentucky.
For more information on Spousal Support, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (812) 302-0539 today.
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