Legal Question in Family Law in Kentucky
in my divorce papers it said no child support and split time with child 50/50. It has been that way for 3 years. She wants child support now. Will she be able to get it? She said that was the only thing she wanted to change
2 Answers from Attorneys
In Kentucky, child support is ALWAYS modifiable by the court regardless of what the original settlement agreement says. If the support based on what you each make now varies by 15% from what it was then, then a presumption to modify arises.
Whether she can actually get child support in your circumstance will be based on which of you makes more money. Most courts deviate from the child support guidelines when there is equal timeshare but the way they go about doing so varies from judge to judge.
I concur with Mr. Napier. I would add that there may be additional variables to consider, such as who is paying for health insurance premiums and medical/dental expenses for child, whether the 50/50 time share is actually 50/50 (not to split hairs on slight variations), and others.