2021 Kentucky Revised Statutes Chapter 403 - Dissolution of marriage -- child custody 403.2121 Establishment of adjustment to child support obligations based upon parenting time -- Authority to promulgate administrative regulations -- Children receiving public assistance. (Effective March 1, 2022).
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403.2121 Establishment of adjustment to child support obligations based
upon parenting time -- Authority to promulgate administrative regulations
-- Children receiving public assistance. (Effective March 1, 2022)
(1)
(2)
Except as provided in subsection (4) of this section or otherwise provided in
this chapter, the child support obligation determined under KRS 403.212 shall
be subject to further adjustment as follows:
(a) If the parents share equal parenting time, the child support obligation
determined under KRS 403.212 shall be divided between the parents in
proportion to their combined monthly adjusted parental gross income, and
the parent with the greater proportional child support obligation shall pay
the parent with the lesser proportional obligation the difference in the
value of each parent's proportional obligation; and
(b) If the parents share unequal parenting time under either a court-ordered
time-sharing schedule or a time-sharing schedule exercised by
agreement of the parties, the court shall:
1.
Calculate the child support obligation set forth in the child support
guidelines table in accordance with KRS 403.212;
2.
Determine the percentage of overnight stays the child spends with
each parent on an annual basis based upon the time-sharing order
or agreement;
3.
Multiply each parent's support obligation as calculated under KRS
403.212 by the percentage of the other parent's overnight stays as
calculated in subparagraph 2. of this paragraph;
4.
Set the difference between the amounts calculated in subparagraph
3. of this paragraph as the monetary transfer or credit necessary
between the parents for the care of the child; and
5.
Use its discretion in adjusting each parent's child support obligation
under this paragraph in accordance with the factors under KRS
403.212, and the following:
a.
The obligated parent's low income and ability to maintain the
basic necessities of the home for the child;
b.
The likelihood that either parent will actually exercise the
time-sharing schedule set forth in the court-ordered
time-sharing schedule or time-sharing agreement between the
parents;
c.
Whether all of the children are exercising the same
time-sharing schedule; and
d.
Whether the time-sharing plan results in fewer overnights due
to a significant geographical distance between the parties that
may affect the child support obligation.
As used in this section, unless the context requires otherwise, an "overnight
stay" shall include the costs associated with feeding and transporting the child,
entertainment, attending to school work, athletic events, extracurricular
activities, or other expenses that transfer with the child as they move from one
parent to the other. Merely providing a child with a place to sleep in order to
(3)
(4)
obtain an adjustment in a child support obligation shall not constitute an
overnight stay under this section.
The child support calculations required under this section shall be on a
worksheet prescribed by the Cabinet for Health and Family Services in
administrative regulations promulgated under KRS Chapter 13A.
This section shall not apply if the child or children subject to the child support
award receive public assistance, including KCHIP, K-TAP, food stamps, or
Medicaid.
Effective:March 1, 2022
History: Created 2021 Ky. Acts ch. 47, sec. 3, effective March 1, 2022.
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