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Child support

unemployment/underemployment

A court may order a parent to pay more child support than the parent's income would ordinarily require (under the child support guidelines in the statute) if the parent could earn more money, but has purposely chosen not to. If the actual income of the parent is significantly less than what the parent could earn because of intentional unemployment or underemployment, the court may apply the child support guidelines to the earning potential of the parent.

In Kentucky, the courts have the authority to order a parent to pay child support that exceeds the amount dictated by their actual income if it is determined that the parent is intentionally unemployed or underemployed. This means that if a parent is capable of earning more but chooses not to, the court can base child support obligations on the parent's potential earning capacity rather than their current income. This is to ensure that child support is fair and reflects what a parent should reasonably contribute to the care and support of their child, rather than allowing a parent to avoid financial responsibility by not fully utilizing their ability to earn income. The child support guidelines in Kentucky provide a framework for this determination, but the court has discretion to deviate from these guidelines when it finds that the parent's actual earnings are significantly less than their potential.

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Child support

unemployment/underemployment

Individual & Family Legal Plan

Articles

Kentucky State Code

Child support

unemployment/underemployment

Kentucky State Code

Articles