Support in Kentucky

Overview of Kentucky Support Law

Kentucky uses the income shares model for child support, meaning both parents’ incomes are combined to determine the total support obligation, which is then divided proportionally. Spousal support — called maintenance in Kentucky — is a separate determination governed by KRS 403.200, and unlike child support, there is no formula or guidelines table. Both forms of financial support are addressed in divorce proceedings under KRS Chapter 403.

How Child Support Is Calculated

Under KRS 403.212, Kentucky’s child support calculation begins with each parent’s adjusted monthly gross income. Gross income includes wages, salaries, commissions, bonuses, self-employment income, pensions, rental income, and most other sources of income. The court may impute income to a parent who is voluntarily unemployed or underemployed without reasonable cause.

After adjustments for items such as maintenance paid to a former spouse and support obligations for other children, the parents’ adjusted incomes are combined. The combined figure is applied to the Kentucky child support guidelines table, which specifies a base support obligation depending on the combined income and the number of children.

Each parent’s share is proportional to their contribution to the combined income. The obligation is then adjusted for:

• Health insurance premiums for the child
• Work-related childcare expenses
• Extraordinary medical expenses

The non-custodial parent typically pays their share to the custodial parent. For a broader explanation of income shares calculations, see our guide on how child support is calculated. To estimate what your obligation might look like, try our child support calculator.

Deviation from the Guidelines

Kentucky courts may deviate from the calculated guideline amount when the standard result would be unjust or inappropriate. Under KRS 403.211, the court considers:

• Extraordinary medical, dental, or educational needs of the child
• Extraordinary travel expenses for parenting time
• The child’s own income or resources
• Combined parental income exceeding the guidelines table maximum
• Agreement of the parties, provided the deviation is in the best interest of the child
• The standard of living the child would have enjoyed had the family remained intact

Any deviation must be supported by written findings explaining why the guidelines amount is inappropriate and why the deviated amount is in the child’s best interest.

Modifying Child Support

Either parent can request a modification of child support by demonstrating a material change in circumstances that is substantial and continuing. Under KRS 403.213, either parent may also request a review if the existing order differs from the current guidelines calculation by 15 percent or more. Common grounds for modification include:

• A significant change in either parent’s income
• A change in the child’s needs, such as new medical requirements
• A change in the parenting time arrangement
• A change in the cost of health insurance or childcare
• A child aging out of support (in Kentucky, child support generally continues until the child turns 18, or 19 if still enrolled in high school)

Enforcing Child Support

Kentucky enforces child support through the Cabinet for Health and Family Services, Division of Child Support. Enforcement tools include wage withholding, federal and state tax refund intercepts, suspension of driver’s and professional licenses, contempt of court proceedings, property liens, passport denial, and credit bureau reporting. Kentucky is proactive in pursuing non-payment and participates in interstate enforcement through the Uniform Interstate Family Support Act (UIFSA).

Spousal Maintenance in Kentucky

Kentucky uses the term maintenance rather than alimony. Under KRS 403.200, the court may award maintenance to a spouse who: (1) lacks sufficient property, including marital property apportioned during the divorce, to provide for reasonable needs; and (2) is unable to support themselves through appropriate employment or is the custodian of a child whose condition or circumstances make it inappropriate for the parent to seek employment outside the home.

Factors the Court Considers for Maintenance

The court evaluates:

• The financial resources of the party seeking maintenance, including marital property apportioned to them
• The time necessary to acquire sufficient education or training for appropriate employment
• The standard of living established during the marriage
• The duration of the marriage
• The age and physical and emotional condition of the spouse seeking maintenance
• The ability of the paying spouse to meet their own needs while contributing support

Kentucky courts have broad discretion in setting the amount and duration of maintenance. In shorter marriages, maintenance tends to be rehabilitative — designed to support the requesting spouse through education or training. In longer marriages, more extended or even indefinite maintenance awards are possible.

Modifying Maintenance

Maintenance orders in Kentucky can be modified upon a showing of changed circumstances that are substantial and continuing. Maintenance typically terminates upon the death of either party or the remarriage of the recipient. Unlike some states, Kentucky does not have a specific statutory provision addressing cohabitation as a ground for termination, though it may be raised as evidence of changed financial circumstances.

When to Seek Legal Help

Kentucky’s child support guidelines provide a structured framework, but maintenance remains highly discretionary. Whether you expect to pay or receive support, an experienced Kentucky family law attorney can help you understand how the statutory factors apply to your case. Consider scheduling a free consultation to discuss your situation.