Is 50/50 Parenting Enough to Lower Child Support in Kentucky?

Divorced couple is consulting with lawyer about child custody

In Kentucky divorce and custody cases, joint or 50/50 custody has become increasingly common. Many parents think that if they split the time equally, no child support will be owed. 

In reality, that’s not always the case. Kentucky law considers multiple financial factors, not just parenting time. 

In this article, we will explore if 50/50 parenting time is enough to lower child support in Kentucky, how courts really determine support, and whether a 50/50 agreement for parenting time affects the final amount. 

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Understanding 50/50 Parenting in Kentucky

Under Kentucky law, the presumption is that joint custody and equal parenting time are in the best interests of the child, unless there is evidence to show otherwise. 

50/50 means that parents will share equal or nearly equal physical time with the child. However, equal parenting time doesn’t automatically mean that parents will share equal financial responsibilities. 

When setting support, courts will take multiple factors into account, such as income levels, child-related expenses, and the child’s needs. 

How Kentucky Calculates Child Support

Kentucky uses the Income Shares Model, outlined in KRS §403.212, to determine child support. This model is used to estimate what parents would spend on their child if they lived together and then divides that responsibility proportional to each parent’s income. 

Factors courts consider include:

  • The gross monthly income of each parent (wages, bonuses, commissions, etc.).
  • How many children are being supported. 
  • The cost of health insurance, childcare, and unforeseen medical expenses. 

Even if parents have a 50/50 parenting arrangement in place, courts can still order one of them to pay support if:

  • One parent’s income is significantly bigger than the other’s. 
  • The child spends more time in one household. 
  • One parent pays more of the direct costs (such as insurance or extracurriculars).

When 50/50 Parenting May Reduce Child Support

Equal parenting time doesn’t automatically eliminate support, but in some cases the amount owed can be reduced. Examples of that include:

  • If both parents have comparable incomes and share equal expenses for the child. 
  • If both parents fairly share the cost of day-to-day expenses, such as meals, clothing, and school supplies. 
  • If each parent is solely responsible for the child’s expenses during their parenting time. 

If the standard calculation would create a financial imbalance, or it fails to reflect the reality of shared parenting costs, judges may adjust support. The goal is to ensure fairness, whilst at the same time maintaining the child’s standard of living. 

When Support Still Applies in 50/50 Cases

Even in a case where there’s equal parenting time, child support can still be required if the financial circumstances are uneven. Situations where support will likely continue are:

  • One parent earns significantly more than the other. 
  • One parent provides health insurance, or covers major expenses. 
  • The child spends slightly more nights per year with one parent (e.g., 55/45 time split). 
  • One home better meets the needs of the child (educational or medical).

If the courts find that the statutory formula doesn’t serve the child’s best interests, they have broad discretion to deviate from the standard guidelines. 

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Modifying Child Support After a 50/50 Arrangement

If there is a change in circumstances, either parent can request a modification of the child support order. The key info is:

  • If there is a 15% change in the calculated support amount, Kentucky law allows modification. 
  • Changes that could qualify for a modification are job loss, a raise, or shifts in parenting time. 
  • Parents must file a motion with the family court, where they provide updated financial documentation. 

The court will then review the new facts and will determine whether an adjustment in the amount is necessary and fair. 

Why You Need Legal Help

Child support in Kentucky can be complex, even with 50/50 custody. At Hoffman Walker & Knauf, we are armed with a breadth of experience in family law and how it applies to child support. 

Contact us today to schedule a consultation, and one of our experienced family law attorneys will be in touch. We will explain your rights to you, review your financial situation, and work in your best interest as we pursue a fair support arrangement.