Are the percentage of visitation and child support linked in a Kentucky divorce case? Generally speaking, the amount of visitation is not specifically associated with the calculation of child support in a divorce case in Shepherdsville, Mount Washington, Shelbyville, Taylorsville, Radcliff, Elizabethtown, Jeffersontown and all areas in and around Louisville, Kentucky.
However, the division of parenting time usually does have a practical impact on negotiations and ultimately the calculation of child support under Kentucky Child Support Guidelines. In many cases where parenting time is equally divided between two spouses with generally equivalent earnings, either or both of the parties can request to waive child support altogether.
Kentucky law establishes a very specific formula which determines child support based upon a variety of factors, primarily the number of children, the income of each former spouse, existing child support obligations as well as health insurance. Most judges in our Kentucky Family Courts require submission of these guideline calculations as part of the documentation provided with any proposed “Separation Agreement.”
While the percentage of visitation and child support Once guideline support has been established, the parties may work to negotiate a the percentage of visitation and child support that is reasonable based upon their unique circumstances.
Child support is usually taken into consideration as part of the broader conversation including:
- Custody and visitation and/or parenting time
- The present income and future employment viability of each former spouse
- Payment of health insurance and the requirements of each child
- Allocation of the costs of education, day care and any extracurricular activities
- Special needs
- The division of assets and debts
- Maintenance or spousal support (also often referred to as “alimony”)
There are presently no tax implications for those who pay child support, or for those who receive it. The parties may however consider the deduction of a child or children as dependents for income tax purposes, and this may affect the negotiated amount of child support in a Kentucky divorce.
While there is a great degree of flexibility when approaching complex issues such as child custody and visitation or parenting time, child support and other elements contained within the separation agreement, the final order must be approved and issued by the judge in your case.
John Schmidt has more than 25 years of experience as a family law attorney. We know that is most often in the interests of everyone involved for the parties to work together to craft the best solution for their unique situation. However, The Law Offices of John Schmidt and Associates PLLC are ready to fight for your goals and objectives in any family law matter.
Are the percentage of visitation and child support linked in a Louisville Kentucky divorce case? Not precisely, but the matter of parenting time (visitation) can and often do impact the guideline calculations of child support as well as any negotiated solution. We invite you to contact us via e-mail, schedule an appointment or call us today at (502) 509-1490 to get answers to your questions and to learn more about your unique circumstances and how to protect what is most important to you in your family law case.
