Experienced Louisville Child Support Attorney

Every child in Kentucky has the right to financial support from both parents. Child support orders are supposed to be predictable because they are driven by a statutory formula, but the numbers that go into that formula are often disputed. Whose income counts, how much of it, what the parenting schedule really is, and who pays for health insurance and child care can change the result by hundreds of dollars a month.

At Bowman Legal, Louisville child support attorney Jason A. Bowman, who has practiced law since 2004, represents both parents who pay support and parents who receive it, in Jefferson County and throughout Kentucky. The goal is a support order built on accurate numbers and a correct application of the law.

How Kentucky Calculates Child Support

Kentucky uses an income shares model set out in KRS 403.211 and KRS 403.212. In simple terms:

1. Determine each parent’s monthly gross income. Gross income includes wages, self employment income, bonuses, commissions, and most other sources.
2. Subtract allowable deductions. Court ordered maintenance actually paid and support for other children a parent is legally responsible for are deducted to reach each parent’s adjusted gross income.
3. Combine the parents’ incomes. The combined monthly adjusted parental gross income and the number of children determine the base obligation on the guidelines table in KRS 403.212.
4. Divide the obligation. The base obligation is split between the parents in proportion to their share of the combined income.
5. Add child care and health insurance. Reasonable work related child care costs and the cost of the child’s health insurance are divided between the parents in the same proportion under KRS 403.211.
6. Apply any shared parenting adjustment. When the paying parent has substantial parenting time, the obligation may be reduced under KRS 403.2122.

The calculation is done on the Kentucky child support worksheet (Form CS-71). The guidelines create a rebuttable presumption, which means the worksheet result is the amount the court will order unless a party shows that applying the guidelines would be unjust or inappropriate.

Income Disputes: Where Most Support Cases Are Won or Lost

The formula is only as accurate as the income figures that go into it. Common disputes include:

• Self employment and business income. Business owners control how income is reported. Personal expenses run through a business, cash income, and depreciation can all distort the numbers.
• Bonuses, commissions, and overtime. Irregular income has to be averaged fairly.
• Voluntary unemployment or underemployment. Under KRS 403.212, if a parent is voluntarily unemployed or underemployed, the court may impute income based on that parent’s earning history, job skills, education, health, the local job market, and prevailing local wages.
• Hidden or unreported income. Cash businesses, side work, online income, and cryptocurrency can be uncovered through tax returns, bank records, and subpoenas. See How Hidden Crypto and Online Income Affect a Kentucky Divorce.

The Shared Parenting Time Credit

Kentucky now recognizes that a parent who cares for the child a significant part of the year is also paying many of the child’s expenses directly. Under KRS 403.2122, effective July 15, 2024, a paying parent who has the child at least 88 days per year under a court ordered or approved schedule that is consistently exercised may receive a percentage reduction in support. The credit increases as parenting time increases, according to a chart in the statute.

The credit is not automatic. The court may adjust it after considering factors such as whether the schedule is actually being followed and whether the receiving parent can still meet the child’s basic needs. This credit replaced an older rule that used a 73 day threshold, so support orders and calculators built before mid 2024 may be out of date.

Parenting time and child support are closely connected. Learn more on our Child Custody page.

Child Care, Health Insurance, and Extraordinary Expenses

In addition to the guidelines amount, KRS 403.211 requires the court to divide between the parents, in proportion to their incomes:

• Reasonable and necessary child care costs incurred because of employment, a job search, or education leading to employment
• The cost of health insurance for the child

Uninsured medical, dental, and vision expenses are also typically divided between the parents. Extraordinary medical or educational needs may justify a deviation from the guidelines.

Low Income Parents and High Income Families

The guidelines include protections at both ends of the income range:

• Minimum support and the self support reserve. Kentucky sets a minimum support amount of $60 per month, and a low income adjustment protects a paying parent’s ability to meet basic living needs.
• Incomes above the table. The guidelines table stops at a combined adjusted income of $30,000 per month. Above that level, KRS 403.212 gives the court discretion to set support based on the child’s reasonable needs and the parents’ circumstances. These cases often require detailed evidence of the child’s actual lifestyle and expenses.

Modifying a Child Support Order

Under KRS 403.213, child support may be modified when there is a material change in circumstances that is substantial and continuing. If applying the guidelines to the parents’ current circumstances would change the support amount by 15 percent or more, the law presumes a material change. A change of less than 15 percent is presumed not to be material.

Common reasons for modification include a job loss or new job, a significant raise, a change in the parenting schedule, a change in child care or health insurance costs, and a child aging out of support.

Timing matters. A modification generally applies only to support that comes due after the motion to modify is filed and notice is given. If your circumstances change, do not wait. Every month of delay is a month at the old amount that usually cannot be changed later.

How Long Child Support Lasts

Under KRS 403.213, child support generally continues until the child turns 18. If the child is still in high school at 18, support continues until the child graduates or completes the school year in which the child turns 19, whichever comes first. Support for a child with a disability may continue in some circumstances, and parents can agree to support beyond these limits, such as contributions to college expenses.

Enforcing Child Support

When a parent does not pay, Kentucky provides several enforcement tools:

• Income withholding directly from the paying parent’s wages
• Contempt proceedings in family court, which can result in fines or jail
• Interception of tax refunds
• Suspension of driver’s, professional, and recreational licenses
• Liens on property
• Criminal prosecution for flagrant nonsupport in serious cases

Many enforcement cases are handled through the County Attorney’s child support office. A private attorney can also pursue enforcement in family court, often with more control over the timing and strategy of the case. Unpaid child support does not go away. Past due support becomes a judgment that can be collected with interest.

Maintenance (Spousal Support)

Maintenance is separate from child support, and the two are calculated very differently. Child support follows a statutory formula. Maintenance under KRS 403.200 has no formula and is awarded only if the spouse seeking it lacks sufficient property to meet reasonable needs and cannot support themselves through appropriate employment. Maintenance actually paid is deducted from the paying spouse’s income before child support is calculated. Learn more on our Contested Divorce page.

Why Parents Choose Jason A. Bowman as Their Louisville Child Support Attorney

• More than 20 years of experience. Jason A. Bowman has practiced law since 2004.
• Accurate numbers. Support cases turn on income. We dig into tax returns, business records, and bank statements so the worksheet reflects reality.
• Current law. Kentucky’s child support statutes changed significantly in recent years, including the 2024 shared parenting time credit. Your case should be calculated under the law in effect today.
• Appellate perspective. Jason A. Bowman handles family law appeals and knows what findings a support order needs to hold up on review.
• Recognized in family law. Jason A. Bowman is a Fellow of the American Academy of Matrimonial Lawyers.
• Direct attorney access. You work directly with your attorney, not a rotating team.

Frequently Asked Questions

Can parents agree to a different amount of child support? Parents can propose an agreed amount, but the court must approve it. If the agreed amount departs from the guidelines, the court must find that the deviation is appropriate.

Does having 50/50 parenting time mean no child support? Not necessarily. When parents share time equally, the parent with the higher income is treated as the paying parent, and the shared parenting credit reduces but does not always eliminate the obligation.

Can I stop paying child support if I am not allowed to see my child? No. Child support and parenting time are separate obligations. A parent who is being denied parenting time should ask the court to enforce the parenting schedule, not stop paying support.

Can child support be changed retroactively? Generally, no. A modification usually applies only to payments that come due after the motion is filed and the other parent receives notice. That is why it is important to file promptly when circumstances change.

What if the other parent is self employed or paid in cash? Self employment income is often the most contested issue in a support case. Tax returns, business bank statements, and subpoenas to third parties can establish actual income, and the court may impute income when a parent is underreporting or underemployed.

Do I need a lawyer to calculate child support? The worksheet itself is public, but the inputs are where mistakes happen. Incorrect income figures, a missed deduction, or the wrong parenting time credit can cost thousands of dollars over the life of an order.

This page provides general information about Kentucky law and is not legal advice. Reading it does not create an attorney client relationship. Every case depends on its own facts. THIS IS AN ADVERTISEMENT.