Kentucky Child Support Laws

Child Support Laws as they apply to the state of Kentucky

Everything you need to know about child support laws in Kentucky, including the major 2023 guideline changes.

Last verified: February 2026

Kentucky child support laws underwent significant changes in March 2023. Under the revised KRS 403.2121, child support calculations now include a parenting time credit that adjusts the support obligation based on how many days each parent has custody of the child.

Quick Summary:

  • Kentucky uses an income shares model with parenting time adjustments (KRS 403.2121)
  • Minimum child support: $60 per month per child with joint custody
  • Support ends at age 18, or 19 if the child is still in high school
  • 15% income change threshold triggers modification eligibility
  • 12% interest charged on arrears
Table of Contents

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How is child support calculated in Kentucky?

Kentucky uses the “income shares model” to calculate child support. This approach considers the gross income of both parents and determines each parent’s proportional share of the child support obligation.

Under Kentucky law, “income” refers to gross income from any source, including:

  • Wages, salaries, and commissions
  • Pensions and bonuses
  • Severance pay and annuities
  • Disability and insurance payments
  • Self-employment income, rent, and royalties

The court follows these steps when calculating child support:

  1. Establish the combined parental gross income
  2. Reference the child support obligation table to determine the base support amount
  3. Apply the parenting time credit (if applicable)
  4. Calculate each parent’s proportional share

Kentucky provides an online calculator to help estimate your obligation. Keep in mind that this estimate is based on the information you provide, and a judge may deviate from the calculated amount if it is not in the best interest of the child.

Professional illustration showing child support calculation in Kentucky

Kentucky’s parenting time credit (2023 changes)

This is the most significant change to Kentucky child support law in years. Effective March 31, 2023, House Bill 501 amended KRS 403.212, adding a parenting time adjustment to the calculation.

Under the revised statute (KRS 403.2121), a parent must have the child for at least 73 days per year to qualify for the shared parenting time credit. A “day” is defined as more than 12 consecutive hours in a 24-hour period under the care, control, or direct supervision of one parent.

The parenting time credit percentages are:

Parenting Time Days Adjustment Percentage
73-87 days 10.5%
88-115 days 15%
116-129 days 20.5%
130-142 days 25%
143-152 days 30.5%
153-162 days 36%
163-172 days 42%
173-181 days 48.5%
182-182.5 days 50%

Important: Per KRS 403.2121(6), the parenting time credit does not apply if the child receives public assistance.

What factors influence child support in Kentucky?

The court considers multiple factors when determining child support:

  • The number of children subject to the support order
  • Gross monthly income of both parents
  • Work-related child care costs (such as daycare)
  • Cost of health insurance for the child
  • Alimony paid by either parent from a previous marriage
  • Parenting time (number of days with each parent)

What is the minimum child support in Kentucky?

Kentucky child support guidelines set the minimum child support at $60 per month per child when parents have joint legal responsibility.

For parents with combined income exceeding the uppermost levels of the guideline table, the court uses judicial discretion to determine an appropriate support amount based on the child’s needs and the parents’ ability to pay.

How is child support calculated when a parent is unemployed?

If a parent is “voluntarily unemployed,” the court assumes they have earning capacity. Child support will be calculated based on “potential income,” which is what the parent could reasonably earn based on their skills, education, and work history.

This rule does not apply if the parent is:

  • Caring for a child under 3 years of age
  • Mentally or physically incapacitated

The court may find you voluntarily unemployed even without finding intent to avoid child support. Consult with a family law attorney if you are unemployed or underemployed.

Professional illustration showing child support enforcement in Kentucky

How to enforce child support in Kentucky

The Child Support Enforcement (CSE) program is Kentucky’s primary enforcement agency. You can contact them at (800) 248-1163 or through their website.

Services provided by CSE include:

  • Child support application assistance
  • Support estimation and calculation
  • Payment collection and distribution
  • Enforcement actions against delinquent parents

Modifying child support in Kentucky

Kentucky allows parents to petition for modification when there is a “material change of circumstances.” This generally means any change that would increase or decrease the support obligation by at least 15%.

Common grounds for modification include:

  • Significant change in income (job loss, promotion, new employment)
  • Change in parenting time arrangements
  • Child’s medical needs have changed
  • Health insurance costs have significantly changed

To request a modification:

  1. Submit a written request to your local child support office
  2. Include income documentation (pay stubs, tax returns)
  3. Provide evidence of the changed circumstances

If parents reach an agreement, court approval may be streamlined. If not, a judge will make the determination.

Back child support laws in Kentucky

Failure to pay child support in Kentucky can result in serious consequences:

  • Income withholding orders: Wages, salary, bonuses, and commissions can be garnished
  • Benefit withholding: Unemployment, disability, and retirement benefits may be intercepted
  • Tax refund interception: State and federal tax refunds can be seized if arrears exceed $500
  • Passport denial: The State Department will deny or revoke passports when arrears exceed $2,500
  • Asset seizure and liens: Property can be seized or liens placed on vehicles, boats, or homes after one month of back support
  • License suspension: Driver’s, professional, and recreational licenses may be suspended after six months of unpaid support

Criminal penalties for nonsupport

Under Kentucky law, persistent failure to pay child support can result in criminal charges:

  • Nonsupport: Class A misdemeanor
  • Flagrant nonsupport: Class D felony (when a person “persistently fails to provide support which he can reasonably provide and knows he has a duty to provide”)

Penalties can include fines and jail time, though incarceration is typically a last resort since it hinders the parent’s ability to pay.

Statute of limitations and interest

Kentucky’s statute of limitations on back child support is 15 years from the expiration of the order. The state charges 12% interest on arrears.

Paternity must be established before the child’s 19th birthday.

When does child support end in Kentucky?

Child support automatically terminates when the child turns 18 in Kentucky. However, the court may order continued payments until age 19 if the child is still in high school.

If you are paying support for multiple children, support does not automatically adjust when one child ages out. You must petition the court for a modification to reduce your obligation.

Emancipation and termination of parental obligation

In Kentucky, emancipation occurs when the child turns 18. Minors may become emancipated earlier if they:

  • Are at least 16 years old
  • Get married with parental consent
  • Enlist in the U.S. military
  • Are financially independent
  • Do not live with parents or guardian
  • Have a legal income source
  • Can demonstrate emancipation is in their best interest

Parents may also voluntarily terminate parental obligation with the other parent’s agreement, subject to court approval. The court’s primary consideration is always the best interest of the child.

Important: Terminating parental rights does not clear existing child support arrears.

Frequently Asked Questions

Does child support end if I go to jail?

No. Child support is the legal obligation of both parents whether incarcerated or free. If you go to prison, contact CSE or the courts immediately to discuss your situation. You may be able to request a modification, but support obligations continue and arrears will accumulate.

Can I modify child support because of the 2023 law changes?

Yes. The change in law may satisfy the “material change in circumstances” requirement for modification, especially if parenting time affects your calculation. Many parents have successfully modified their orders under the new guidelines.

What if my income exceeds the guideline table maximum?

When combined parental gross income exceeds the uppermost level on the guideline table, the court uses judicial discretion to determine an appropriate support amount.

Do I need an attorney for child support matters?

While not required, child support laws can be complex. An attorney can help ensure your rights are protected, especially in modification or enforcement matters.

Overall, Kentucky child support laws can be complex to navigate. If you are unsure about the law, consult with a child support attorney in your area for a free consultation.

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