Hidden Issues in Child Support 1

An opposing attorney may tell you, if you are not represented by a lawyer in a divorce action, that child support is very cut and dried and the amount they are proposing is determined by statute. This is a partially true statement. It is determined by statute and in the realm of things, it is indeed cut and dried in comparison to other legal matters. However, there are areas that factor into child support that are not addressed specifically in statute.

For example, the Kentucky Revised Statutes allow for a judge to impute income to a divorcing husband or wife in setting the amount to be paid, but it does not mandate this nor does it say how income is to be imputed. Imputing income to a spouse who only works part-time may mean using their same base pay but treating them as though they worked 40 hours a week. This may not be done, though, with parents of very small children.

Another way income may be imputed is if the spouse has some advanced degree or training and they simply choose not to work in that field even though it would pay better. A judge can consider this in setting an imputed income.

The reason to seek imputing income to your spouse (or co-parent if not married) is because it will decrease your percentage of income as it relates to the combined income of the couple. This usually results in a net decrease in the amount of child support you will be required to pay. But, if you are the person seeking child support to be paid to you, disregard everything I just said.

This entry was posted in Child support, Divorce / Dissolution of Marriage, Family Law and tagged , , , . Bookmark the permalink.

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