Kentucky, United States
Kentucky Child Support: A Parent's Guide
How child support works in Kentucky, in plain English: the income shares guidelines, the 10% modification rule, and automatic withholding.
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In short: Kentucky uses the Income Shares Model with a combined income cap of $30,000/month and courts can impute income to a parent found voluntarily unemployed or underemployed. A 10% difference presumptively justifies a modification, and every order includes an automatic wage assignment taking effect immediately.
This is an educational overview written for parents, not lawyers. It isn't legal advice. For anything beyond general understanding, talk to a licensed Kentucky family law attorney.
What Kentucky generally provides
Under KRS 403.212, Kentucky's Income Shares Model estimates what both parents would have spent on the child had they stayed together, then splits that amount based on each parent's share of the combined income.
Important terminology
- Gross income: Kentucky's broad definition covering wages, bonuses, benefits, trust income, gifts, and prizes, but excluding means-tested public assistance.
- Imputed income: income a court assigns to a voluntarily unemployed or underemployed parent based on their earning capacity, rather than their actual reported income.
- Automatic wage assignment: the immediate income withholding built into every Kentucky Child Support Enforcement order.
How the calculation works
A broad definition of gross income
Kentucky's gross income definition is expansive: wages, salaries, commissions, bonuses, retirement and pension funds, dividends, interest, capital gains, Social Security benefits, workers' compensation, unemployment insurance, disability benefits, trust income, gifts, prizes, and alimony received. The main exclusions are means-tested public assistance programs like TANF and SNAP.
Combining income against the guideline table
Both parents' gross incomes are combined and applied to a statutory child support table based on the number of children, with the total obligation divided proportionally by each parent's income share, adjusted for health insurance, childcare costs, and parenting time credits. The table covers combined monthly incomes up to $30,000 ($360,000/year), with a $60/month minimum obligation.
Imputing income for underemployment
Where a parent is voluntarily unemployed or underemployed, Kentucky courts may impute potential income based on that parent's employment history, qualifications, and local job opportunities, with a minimum wage imputation threshold of $1,256.67/month.
Requesting or defending a modification
A modification requires proving a material change in circumstances that's both substantial and continuing under KRS 403.213. Kentucky courts presume a material change exists when the recalculated support amount differs by at least 10% from the current order, an objective benchmark similar to what several other states use. Kentucky Child Support Enforcement also conducts free administrative reviews every three years upon either parent's request, comparing the existing order to current guideline calculations without requiring a court filing or attorney. See the child support calculator and guideline finder for jurisdiction-specific calculation sources and guidance.
How enforcement works
Every child support order enforced through the Division of Child Support Enforcement includes an automatic wage assignment that takes effect immediately under KRS 403.215. The employer has 14 days from receiving the withholding order to begin withholding, and must send the payment to Child Support Enforcement within 7 days of withholding it from the employee's pay.
Common questions
Can my co-parent avoid paying more by working less? Not necessarily, Kentucky courts can impute income based on earning capacity rather than accepting a voluntarily reduced actual income at face value.
Do I need a lawyer to request the 3-year review? No, the administrative review process is free and doesn't require court filing or attorney fees, making it accessible for a straightforward periodic check.
What if my co-parent isn't paying? Contact Kentucky Child Support Enforcement (through the Kentucky Attorney General's office), which administers the automatic wage assignment and broader enforcement.
Practical considerations
Because Kentucky's 10% threshold gives an objective, calculable basis for a modification, running the numbers periodically, especially after a real income change, is a practical way to check whether you're likely to qualify before filing, or to use the free 3-year administrative review instead of going straight to court. For the custody and timesharing rules that intersect with these calculations, see the Kentucky custody guide.
Official Kentucky resources
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FAQ
Questions, answered
This information is provided for educational purposes only and is not legal advice. Family law varies by individual circumstances and may change over time. Consult a qualified attorney or appropriate official resource for advice about your situation.