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Free Guide to Hiring a Family Lawyer
Browse our 1 legal question about Child Support in United States and the lawyer answers, or ask your own questions for free.
it is the discretionary power of the court to determine the amount for the support of your child, it is not fixed amount
Read full answerChild support law in Lexington follows state law and court rules. In the United States, child support obligations are set and enforced by state courts and agencies. In Lexington, which is in Fayette County, Kentucky, family courts use Kentucky child support guidelines to determine how much a parent must pay to help cover a child's basic needs - including food, clothing, housing, schooling, health care and child care. Child support is a legal duty that generally continues until a child reaches the age of majority or is otherwise emancipated. The main goals are to ensure the child benefits from both parents financial resources and to provide stability and predictability for the child.
Child support matters often involve emotional and financial stress. You may need a lawyer when:
- Paternity is disputed or needs to be established through DNA testing or a court order.
- The other parent will not pay and enforcement requires court action such as contempt or garnishment.
- Your financial situation or the other parent s income is complex - for example with self-employment, commissions, bonuses, stock options, or business income.
- You need to modify an existing support order because of a significant change in income, job loss, disability, or a change in custody or parenting time.
- There are interstate issues where the other parent lives out of state and UIFSA procedures are required.
- You face urgent needs for emergency support or temporary orders pending a full hearing.
- You want to negotiate a settlement, mediation, or include support provisions in a divorce agreement.
Key aspects of Kentucky child support law that are relevant in Lexington include:
- Guidelines and calculation - Kentucky follows statutory child support guidelines. Judges and clerks use guideline worksheets that consider each parent s gross income, the number of children, and allowable deductions. Additional costs such as child care and health insurance premiums are typically apportioned between parents.
- Paternity - Child support cannot be legally ordered for a child without paternity being established. Paternity can be established voluntarily through a signed acknowledgment at birth, or through court proceedings and genetic testing.
- Duration of support - Support generally continues until the child reaches the age of majority. In Kentucky, that normally means 18 years old, and support may continue to age 19 if the child is still in high school and expected to graduate before turning 19. Disabled adult children may be entitled to continued support beyond that age with proper legal findings.
- Health insurance and medical expenses - The court may require one parent to provide health insurance if it is available at a reasonable cost. Uninsured medical expenses and special health needs can be divided between parents based on their incomes.
- Modifications - Either parent can seek modification if there is a substantial change in circumstances, such as major income changes, changes in custody, or changes in the child s needs. Courts usually require documented evidence and will not modify orders retroactively beyond court standards.
- Enforcement - Kentucky and local Fayette County courts have a range of enforcement tools, including income withholding, intercepting tax refunds, placing liens on property, suspending driver or professional licenses, intercepting unemployment benefits or lottery winnings, and contempt proceedings for willful nonpayment. The Kentucky Child Support Enforcement Program can assist with administrative enforcement.
- Interstate cases - The Uniform Interstate Family Support Act - UIFSA - governs out-of-state child support cases, allowing one state to enforce or modify an order issued by another state and facilitating cooperation between state agencies.
Child support is calculated using Kentucky s statutory guidelines. The calculation starts with each parent s gross income and then considers combined income, the number of children, and deductions allowed by statute. The worksheet also allocates costs like health insurance and child care. Courts may deviate from the guideline amount if there are special circumstances that justify a different amount.
Support generally continues until the child reaches the age of majority. In Kentucky, that is typically 18 years old. Support may continue to age 19 if the child is still in high school and expected to graduate before turning 19. Support can continue longer if the child is disabled and a court finds continued support is necessary.
If the paying parent refuses to pay, you can seek enforcement through the Kentucky Child Support Enforcement Program or the family court. Enforcement options include wage withholding, tax refund intercepts, liens on property, suspension of licenses, seizure of lottery winnings, and contempt proceedings that could result in fines or jail. A lawyer can advise which enforcement tools fit your situation.
Yes. You can ask the court to modify child support if there is a substantial and continuing change in circumstances, such as significant income changes, job loss, a change in custody, or a child s changed needs. You must file a motion with the court and provide documentation showing the change. Emergency or temporary adjustments may be available in urgent situations.
Paternity can be established voluntarily when both parents sign a Declaration of Parentage or similar acknowledgement at birth. If paternity is disputed or not acknowledged, paternity can be established through a court action that orders genetic testing. Once paternity is established, the court can enter orders for support, custody, and visitation.
Court calculations take reported income into account, but when income is irregular or the parent tries to hide income, courts may impute income based on earning capacity, past earnings, available work, or lifestyle. Documentation such as tax returns, bank records, business ledgers, and profit-and-loss statements will be important for the court to assess true income.
Not always. Many cases are handled administratively through the state child support enforcement agency, which can establish, enforce, and modify orders without a lawyer. However, contested issues such as paternity disputes, complex income questions, or contested modifications often require court hearings. Mediation or negotiated agreements can sometimes avoid a trial.
Courts treat college expenses differently across states. In Kentucky, routine college costs are not automatically included in child support for a minor child, but parents can agree in a separation or divorce settlement to contribute to college costs. Courts may order contributions to post-secondary education in certain cases if there is a basis under state law or agreement between parents.
Common documents include the child s birth certificate, proof of paternity if available, proof of income for both parents - such as pay stubs and tax returns - records of health insurance coverage and premiums, documentation of child care expenses, proof of ordinary monthly expenses for the child, any existing court orders, and identification for both parents. The child support enforcement agency or a lawyer can provide a checklist.
If the other parent lives in another state, UIFSA procedures allow you to file for support in either state and have orders enforced across state lines. The Kentucky Child Support Enforcement Program and federal guidelines help coordinate interstate cases. It can be helpful to involve the state agency because they have experience with interstate enforcement tools like wage withholding and tax intercepts.
Local and state resources that can help people in Lexington include:
- Fayette County Family Court - for filing petitions, court calendars, and local family court procedures.
- Kentucky Child Support Enforcement Program - provides establishment, enforcement, and modification services for child support.
- Kentucky Cabinet for Health and Family Services - oversees child support services and related family programs.
- Legal Aid of the Bluegrass - provides legal help to low-income residents with family law matters, including child support.
- Kentucky Bar Association lawyer referral services - can help you find a family law attorney for consultation.
- Administrative Office of the Courts - for state family law forms, child support guidelines, and procedural information.
- Federal Office of Child Support Enforcement - offers national resources and an overview of federal rules that affect state programs.
- Community mediation or parenting time centers - for help negotiating agreements outside of court.
If you need legal assistance with child support in Lexington, consider the following practical steps:
- Gather documents - collect birth certificates, pay stubs, tax returns, proof of health insurance, child care bills, and any existing court orders or agreements.
- Establish or confirm paternity - if paternity is not established, start that process through an acknowledgement or court-ordered genetic testing.
- Contact the Kentucky Child Support Enforcement Program - they can help establish, enforce, or modify support orders and explain administrative options.
- Consider legal help - call a family law attorney for an initial consultation, or contact Legal Aid of the Bluegrass if you qualify for free or low-cost services.
- Explore mediation - if both parents are willing, mediation can produce a faster, less adversarial agreement on support and related parenting issues.
- File in family court when needed - if administrative enforcement is insufficient, a court action through Fayette County Family Court may be necessary to establish, modify, or enforce support.
- Keep records - maintain careful records of payments, expenses, communications, and any missed payments or court filings.
Remember that this guide provides general information and does not replace personalized legal advice. For help tailored to your situation, consult a qualified family law attorney or the appropriate state agency.
