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Kentucky Child Support Laws & Penalties

    Calculation

    • Parents have the right to agree on their own child support amount in Kentucky, provided it's not unreasonable and the custodial parent is not receiving public assistance. Otherwise, the court will calculate the child support amount based on its income shares model guidelines. Generally, this means that if there is one child, the non-custodial parent would pay 20 percent of his net income, after taxes and allowable deductions such as mandatory pension payments and union dues, toward support of his child. As of April 2011, this increases to 25 percent with two children, 30 percent with three, 35 percent for four, 40 percent for five and 45 percent for six children.

    Payment

    • Kentucky law requires that you must pay child support through wage attachment. Your employer must deduct the calculated amount from your paycheck and send it to Kentucky's Child Support Program, which sends them on to your child's other parent. But if you're self-employed or don't receive a regular paycheck, this isn't an option. Most child support orders mandate that you send your payments through the Child Support Program anyway so the state can keep track.

    Collection

    • If you're out of work or otherwise fall behind in your payments, Kentucky may take one of several steps after your arrears, or the money you owe, begins to accrue. State and federal law allow the Child Support Program to seize your income tax refunds, a portion of any unemployment benefits you collect and your bank accounts. The state can file liens against your property, preventing you from selling it unless and until your back child support is paid. Kentucky makes it mandatory that employers notify the state when they make a new hire and to begin garnishing his wages if the employee is supposed to be paying child support.

    Emancipation

    • Child support generally continues in Kentucky until your child turns 18 or graduates from high school, whichever happens later. It can also stop if your child marries or joins the military, but in those cases you would have to petition the court to put an end to your obligation. Kentucky allows your child's other parent to keep trying to collect past due support from you up to 15 years after your child is emancipated.

    Penalties for Non-Payment

    • In addition to taking steps toward collecting child support from you, Kentucky law will also revoke your driver's license, professional license or your passport if you fall seriously behind. If you make no effort to make payments, the state can hold you in contempt of court and can even file a criminal complaint against you.

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