2022 Kentucky Revised Statutes Chapter 403 - Dissolution of marriage -- child custody 403.2121 "Day" defined – Minimum requirement for shared parenting time credit -- Establishment of adjustment to child support obligations based upon parenting time -- Modification of child support -- Children receiving public assistance. (Effective March 31, 2023).
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403.2121 "Day" defined Minimum requirement for shared parenting time
credit -- Establishment of adjustment to child support obligations based
upon parenting time -- Modification of child support -- Children receiving
public assistance. (Effective March 31, 2023)
(1)
(2)
(3)
For purposes of this section, "day":
(a) Means more than twelve (12) consecutive hours in a twenty-four (24)
hour period under the care, control, or direct supervision of one (1) parent
or caretaker, or as the court determines based on findings of substantially
equivalent care or expense; and
(b) Unless the context requires otherwise, includes housing, entertaining,
feeding, and transporting the child, attending to school work, athletic
events, extracurricular activities, or other activities that transfer with the
child as he or she moves from one parent to the other.
(a) In order to receive a shared parenting time credit, a parent shall maintain
care, custody, and control over the child for a minimum of seventy-three
(73) days per year, as defined by this section.
(b) The shared parenting time credit shall only be applicable for parenting
time that is court-ordered or approved and consistently exercised.
Except as provided in subsection (6) 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) For parents who share 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. a.
Calculate the child support obligation set forth in the child
support guidelines table in accordance with KRS 403.212(5)(a)
using the combined gross adjusted income of the parties;
b.
If both parents exercise their equal shared parenting time,
consider the parent with the higher gross monthly income the
obligor;
2.
Determine the number of days for both parents on an annual basis
based upon either a court-ordered time-sharing schedule or a
time-sharing schedule exercised by agreement of the parties;
3.
Using the days a child spends with the obligated parent, determine
the adjustment percentage using the shared parenting time credit
chart in subsection (4) of this section;
4.
Determine the shared parenting time credit adjustment by
multiplying the obligated parent's adjustment percentage by the total
support obligation found on the child support obligation worksheet to
establish the shared parenting expense adjustment for the obligated
parent, as determined in subparagraph 1. of this paragraph; and
5.
Subtract the amount calculated in subparagraph 4. of this paragraph
from the obligated parent's monthly obligation, found on the child
support obligation worksheet, as determined in subparagraph 1. of
this paragraph;
(b)
The court may use its discretion in adjusting each parent's child support
obligation under this paragraph in accordance with the factors proscribed
in this section, and the following:
1.
The obligated parent's low income and ability to maintain the basic
necessities of the home for the child;
2.
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;
3.
Whether all of the children are subject to the same time-sharing
schedule;
4.
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; and
5.
The military deployment or extended service obligations of the
parties; and
(c) The self-support reserve, as calculated under KRS 403.212(5)(b), and the
shared parenting time credit, as calculated under this subsection, shall
not be applied together. The obligor shall be responsible for the lesser
support amount as determined under KRS 403.212(5)(c).
(4) The shared parenting time credit chart is as follows:
Parenting Time Days
Adjustment Percentage
73-87
10.5%
88-115
15%
116-129
20.5%
130-142
25%
143-152
30.5%
153-162
36%
163-172
42%
173-181
48.5%
182-182.5
50%
(5) Failure by one (1) party to consistently comply with the parenting schedule
shall be grounds for the other party to seek modification from the court. A party
may seek modification following a fifteen percent (15%) change in the number
of timesharing days and shall have the burden of proving a material change in
(6)
circumstances.
This section shall not apply if the child or children subject to the child support
award receive public assistance, including:
(a) Kentucky Children's Health Insurance Program (KCHIP);
(b) Kentucky Transitional Assistance Program (K-TAP);
(c) Supplemental Nutrition Assistance Program (SNAP); or
(d) Medicaid.
Effective:March 31, 2023
History: Repealed and reenacted 2022 Ky. Acts ch. 122, sec. 2, effective March
31, 2023. -- Created 2021 Ky. Acts ch. 47, sec. 3, effective March 1, 2022.
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