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Child Support Lawyer

Child support comes up in a number of different types of case. The responsibility to meet a court ordered level of child support may be raised in your Divorce (Dissolution of Marriage), Child Custody, Paternity, Dependency Abuse Neglect or Domestic Violence Case. Your Child Support Lawyer must be familiar with a series of statutes in the Kentucky Revised Statutes.

The basic rules with which your Child Support Lawyer must be familiar are : 1) any parent, custodian or agency “substantially contributing” to the financial needs of a child may seek child support (KRS 403.211(1)); 2) the Kentucky Child Support Guidelines presumably apply to Child Support in Kentucky (KRS 403.211(2) – in most cases, Family Court applies the Guidelines); and 3) when Child Support is awarded, the Court may “…allocate between the parents, in proportion to their combined monthly adjusted parental gross income, reasonable and necessary child care costs incurred due to employment, job search, or education leading to employment…” (KRS 403.211(6)).

When private health insurance is available, Family Court may Order the parent to whom it is available to pay.  The cost of health care insurance attributable to the children is allocated in the same way daycare is allocated.  KRS 403.211(7).  Your Child Support Lawyer will need proof of the cost of health insurance attributable to your child or children.

The cost of uninsured medical expenses incurred on behalf of the children may also be allocated between the parents in proportion to their combined monthly adjusted parental gross income.  KRS 403.211(9).  Your Child Support Lawyer will want to make sure that you either pay or send confirmation of your payment within thirty (30) days of your child’s treatment.

The Guidelines are set out in KRS 403.212.  It contemplates combined monthly adjusted parental gross income from $0 to $15,000 per month and from one to six children.  Your Child Support Lawyer will want your three (3) most recent paycheck stubs and most recent tax return.

If you receive or pay child support, your Child Support Lawyer may ask Family Court to modify (either increase or decrease) child support.  KRS 403.213 requires a substantial and continuing change of circumstances.  A 15% increase or decrease is presumed to be a substantial and continuing change.

In my practice, most often child support is sought in a Divorce.  However, I am happy to help as your Child Support Lawyer a Custody, Paternity, Domestic Violence or Dependency, Abuse or Neglect case.

When you get ready to meet your Child Support Lawyer, gather your 1) most recent income tax returns (both State and Federal); 2) three (3) most recent paycheck stubs; 3) written confirmation from your daycare provider of the cost of daycare; and 4) written confirmation from the health insurer covering the children of the cost of health insurance attributable to the children.  In some cases, your Child Support Attorney will need information about SSI or SSD benefits directed for the benefit of a child.  If you are self-employed, more information about revenues and reasonable business expenses will be necessary. Finally, if you have an “Above The Guidelines” child support case, your Child Support Lawyer will need to work with you to prepare a presentation of the actual cost of raising your children.

It is important that you seek the advice of an attorney.  Family Court will be making very crucial decisions about your children and your financial well-being.  Please feel free to learn more at my original website or The Louisville Divorce Attorney or The Louisville Divorce Lawyer if you are not ready to talk.  You might also want to read http://thelouisvilledivorcelawyer.com/2016/09/19/child-support-in-louisville/ or http://thelouisvilledivorcelawyer.com/2017/05/16/child-support-retroactive/ or http://thelouisvilledivorcelawyer.com/2017/06/05/post-divorce-louisville-family-court/. Thanks for reading.

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