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What does the court do about child support when the child spends a considerable amount of time with both parents?

6/10/2015

 
21.  Welcome back! What does the court do about child support when the child spends a considerable amount of time with both parents?

            When the Kentucky child support guidelines were enacted over 25 years ago, the child would generally live with the mother and visit with the father on alternate weekends.  When children spend much more time with the "non-residential" parent, the courts have recognized that a deviation from the strict application of the guidelines is required. In order to equitably determine child support when the child spends a considerable time with both parents and they share expenses, the courts have adopted the Colorado Child Support Commission formula.  This formula assumes it will cost considerably more (typically 1.5 times more) for both parents to raise the child due to duplication of items such as clothing, supplies, housing expense and the like. 

            The calculations required under the Colorado formula may seem complicated, but as you can see from the worksheet I have prepared for this Lesson, it is just a matter of moving from A to Z!  Both a blank worksheet and an example of how the formula works are shown below:

            We start with steps A - D, inserting each parent's monthly gross income and calculating their respective percentages, just as before.  Then, insert the amount (E) from the Kentucky Child Support Guideline found in the table in KRS 403.212, and multiply by 1.5. That will determine the Base Monthly Support (F), which is allocated between the parents according to their incomes (G) and (H). 

            Then, the average number of nights spent per month in each parent's home (I and J) is used to calculate the respective percentage of parenting time (K and L.)  This is not always simple to determine, considering holidays, birthdays, spring break, summer vacations, etc., but to apply this formula, the total number of overnights in the year can be divided by 12 months. 

            The parents' retained obligations (M and N) are obtained by multiplying their respective Share of Base Monthly Support by their percentage of Parenting Time.  On our sample worksheet, the mother's retained obligation is (K X G) or 60 % X $724.28.

            Then, the adjusted obligations are calculated.  On the sample worksheet, the mother's adjusted obligation (O), for example, is G minus M, or $724.28 minus $434.52, or $289.76.  The father's adjusted obligation is calculated the same way, and then the net child support can be calculated.  On the sample worksheet, the father would have a monthly net child support obligation only of $580.15.

            The allocation of health insurance and childcare expense is allocated only according to income, with no adjustment for the amount of time the child spends with each parent.  So, on our sample worksheet, father is providing health insurance (S) and mother is paying the childcare provider (T).  Adjustments are made based on their respective allocations of those expenses (V and X), and net adjustments in W and Y. 

            Finally, adding the child support only from Q to the net adjustment for childcare and health insurance (Y), we finally get to Z, the total net obligation owed.

            Take your time getting through this.  It really does make sense if you go through all of the steps, A - Z.  Now, whether you are in Colorado or Kentucky, you know a little bit about calculating child support when the child spends a considerable time with each parent!  


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    Judge John Schrader is a Husband, a Father, and a Lexington Attorney providing legal and mediation services in the office of Sherrow, Sutherland & Associates, P.S.C.

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    CHILD SUPPORT TABLE OF CONTENTS
    1. Who is required to pay child support in Kentucky?
    Publish Date: April 29, 2015
    2. What do I do to obtain a Kentucky Child Support Order?

    Publish Date: April 29, 2015
    3. How is child support calculated under the guidelines?
    Publish Date: April 30, 2015
    4. What is considered “gross income” for child support calculations?
    Publish Date: May 5, 2015
    5. How do I find out what the other parent's income is?
    Publish Date: May 6, 2015
    6. What about income from self-employment or business income?
    Publish Date: May 7, 2015
    7. What if a parent is voluntarily unemployed or underemployed?
    Publish Date: May 13, 2015
    8. What if one parent is paying maintenance?
    Publish Date: May 13, 2015
    9. Is there an adjustment to a parent's "gross income" if he or she is supporting a prior-born
    child?

    Publish Date: May 13, 2015
    10. What happens in a split custody arrangement where Sissy lives with Mother and Jr. lives with Father?
    Publish Date: May 20, 2015
    11. When can a judge deviate from the child support “guidelines”?
    Publish Date: May 20, 2015
    12. When the parents' combined monthly adjusted gross income exceeds $15,000 per month, how is child support calculated?
    Publish Date: May 20, 2015
    13. How does Kentucky law deal with the big-ticket item of childcare expense?
    Publish Date: May 27, 2015
    14. Do parents have to maintain private health insurance for their child, and if so, who pays
    for it?

    Publish Date: May 27, 2015
    15. Who pays for deductibles and co-pays and how do we deal with extraordinary medical expenses not covered by the insurance?
    Publish Date: May 27, 2015
    16. How does a parent actually recover the proportionate share of extraordinary medical expenses from the other parent?
    Publish Date: June 3, 2015
    17. What if I find out the other parent has not been paying for childcare even though I have been paying for my share?
    Publish Date: June 3, 2015
    18. How do I get a modification of child support in Kentucky?
    Publish Date: June 3, 2015
    19. When does child support terminate?
    Publish Date: June 10, 2015
    20. Is a Wage Assignment Order required for child support in Kentucky?

    Publish Date: June 10, 2015
    21. What does the court do about child support when the child spends a considerable amount of time with both parents?
    Publish Date: June 10, 2015
    22. What is involved in collection of child support?
    Publish Date: June 17, 2015
    23. How does the law deal with enforcement of the child support order when my ex and I
    live in two different states?

    Publish Date: June 17, 2015
    24. If Kentucky does not have jurisdiction over the other parent of my child, what is the UIFSA process to deal with establishment, enforcement and modification of child support
    orders?

    Publish Date: June 17, 2015
    25. What about parents who were not husband and wife to each other when their child was
    born?

    Publish Date: June 24, 2015
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