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Child support back pay cannot be totally forgiven or waived, but there are a few situations that can help you handle it. Double-check the amount the court states you are in arrears.
New Income Maximums The new changes to child support law increase the maximum combined monthly adjusted parental gross income utilized for calculating child support. Previously the chart stopped at $15,000 monthly, which is $180,000 per year. The new chart goes up to $30,000 monthly, or $360,000 per year.
The minimum amount of child support is $60 per month. The court can use its judicial discretion to determine child support obligations if the parents' gross income exceed the uppermost levels of the guideline table.
In Kentucky, the child support calculations are based on the income of both parties and take into consideration if the receiving part has sole or joint physical custody. A percentage of the parents' joint income is used in the child support formula.
It is possible that even though you share custody one parent may still have to pay child support. Child support is intended to make both households as equal as possible. So even if it is joint custody, if one parent makes significantly more income than the other, they may have to pay child support.
Kentucky child support formula and parenting time totals In Kentucky, the child support formula is the same for sole and joint physical custody. When parents have equal time, the family court may examine the situation to make a personalized decision on the amount of support.
If the parent obligated to pay support has gone 6 months without paying, or is behind more than $1,000, the County Attorney may file flagrant nonsupport charges, which is a Class D Felony punishable from 1 to 5 years in prison and up to a $10,000 fine.