Legal Question in Family Law in Kentucky

App. 4 years ago, my son was awarded 50/50 custody of his twin sons. It states that he and the mother share them on a equal basic, week by week, with no residential custodial assigned.(They were never married) He was ordered to pay child support according to state guidelines, He has paid a MONTH child support every since, even though the mother only has them 2 weeks a month. My question is, can he file a motion to get child support stopped, using the custody order, since they share them equally and neither has any more right than the other, and since neither is the custodial parent? The boys are also 5 years old now.


Asked on 12/05/09, 4:59 pm

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

In an equal custody situation, child support is not about who has the children the most. Child support is based on a formula that determines how much a family making X amount of dollars would spend on the care of the children. Then, whichever parents makes more money pays to the parent who makes less money a share of that cost. In the equal custody situation, this is usually offset somewhat and judges use different means of arriving at that offset.

Bottom line, if your son makes more money than the mother, he will continue to have to pay child support. However, if he is paying with no adjustment for the equal timeshare, he is likely paying too much.

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Answered on 12/10/09, 4:32 pm


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