UNOFFICIAL COPY AS OF 10/26/1800 REG. SESS.00 RS SB 224/GA
AN ACT relating to child support.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Page 1 of 13
SB022410.100-2053GA
UNOFFICIAL COPY AS OF 10/26/1800 REG. SESS.00 RS SB 224/GA
Section 1. KRS 403.211 is amended to read as follows:
(1)An action to establish or enforce child support may be initiated by the parent, custodian, or agency substantially contributing to the support of the child. The action may be brought in the county in which the child resides or where the defendant resides.
(2)At the time of initial establishment of a child support order, whether temporary or permanent, or in any proceeding to modify a support order, the child support guidelines in KRS 403.212 shall serve as a rebuttable presumption for the establishment or modification of the amount of child support. Courts may deviate from the guidelines where their application would be unjust or inappropriate. Any deviation shall be accompanied by a written finding or specific finding on the record by the court, specifying the reason for the deviation.
(3)A written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case shall be sufficient to rebut the presumption and allow for an appropriate adjustment of the guideline award if based upon one (1) or more of the following criteria:
(a)A child's extraordinary medical or dental needs;
(b)A child's extraordinary educational, job training, or special needs;
(c)Either parent's own extraordinary needs, such as medical expenses;
(d)The independent financial resources, if any, of the child or children;
(e)Combined monthly adjusted parental gross[parental] income in excess of the Kentucky child support guidelines;
(f)The parents of the child, having demonstrated knowledge of the amount of child support established by the Kentucky child support guidelines, have agreed to child support different from the guideline amount. However, no such agreement shall be the basis of any deviation if public assistance is being paid on behalf of a child under the provisions of Part D of Title IV of the Federal Social Security Act; and
(g)Any similar factor of an extraordinary nature specifically identified by the court which would make application of the guidelines inappropriate.
(4)"Extraordinary" as used in this section shall be determined by the court in its discretion.
(5)When a party has defaulted or the court is otherwise presented with insufficient evidence to determine gross income, the court shall order child support based upon the needs of the child or the previous standard of living of the child, whichever is greater. An order entered by default or due to insufficient evidence to determine gross income may be modified upward and arrearages awarded from the date of the original order if evidence of gross income is presented within two (2) years which would have established a higher amount of child support pursuant to the child support guidelines set forth in KRS 403.212.
(6)The court shall allocate between the parents, in proportion to their combined monthly adjusted parental gross income, reasonable and necessary child care costs incurred due to employment, job search, or education leading to employment, in addition to the amount ordered under the child support guidelines.
(7)(a)If health care insurance coverage is reasonable and available at the time the request for coverage is made, the court shall allocate between the parents, in proportion to their combined monthly adjusted parental gross income, the cost of health care insurance coverage for the child, in addition to the amount ordered under the child support guidelines.
(b)The court shall order the cost of health care of the child to be paid by either or both parents of the child regardless of who has physical custody. The court order shall include:
1.A judicial directive designating which parent shall have financial responsibility for providing health care for the dependent child, which shall include, but not be limited to, insurance coverage, payments of necessary health care deductibles or copayments; and
2.A statement providing that if the designated parent's health care coverage provides for covered services for dependent children beyond the age of majority, then any unmarried children up to twenty-five (25) years of age who are full-time students enrolled in and attending an accredited educational institution and who are primarily dependent on the insured parent for maintenance and support shall be covered.
(c)[(b)]If health care insurance coverage is not reasonable and available at the time the request for the coverage is made, the court order shall provide for health care insurance coverage at the time it becomes reasonable and available.
(8)The cost of extraordinary medical expenses shall be allocated between the parties in proportion to their combined monthly adjusted parental gross incomes. "Extraordinary medical expenses" means uninsured expenses in excess of one hundred dollars ($100) per child per calendar year. "Extraordinary medical expenses" includes, but is not limited to, the costs that are reasonably necessary for medical, surgical, dental, orthodontal, optometric, nursing, and hospital services; for professional counseling or psychiatric therapy for diagnosed medical disorders; and for drugs and medical supplies, appliances, laboratory, diagnostic, and therapeutic services.
(9)The court order shall include the Social Security numbers of all parties subject to a support order.
(10)In any case administered by the Cabinet for Families and Children, if the parent ordered to provide health care coverage is enrolled through an insurer but fails to enroll the child under family coverage, the other parent or the Cabinet for Families and Children may, upon application, enroll the child.
(11)In any case administered by the cabinet, information received or transmitted shall not be published or be open for public inspection, including reasonable evidence of domestic violence or child abuse if the disclosure of the information could be harmful to the custodial parent or the child of the parent. Necessary information and records may be furnished as specified by KRS 205.175.
(12)In the case in which a noncustodial parent provides health care coverage, and changes employment, and the new employer provides health care coverage, the Cabinet for Families and Children shall transfer notice of the provision for coverage for the child to the employer, which shall operate to enroll this child in the noncustodial parent's health plan, unless the noncustodial parent contests the notice as specified by KRS Chapter 13B.
(13)Notwithstanding any other provision of this section, any wage or income shall not be exempt from attachment or assignment for the payment of current child support or owed or to-be-owed child support.
(14)A payment of money received by a child as a result of a parental disability shall be credited against the child support obligation of the parent. A payment shall not be counted as income to either parent when calculating a child support obligation. An amount received in excess of the child support obligation shall be credited against a child support arrearage owed by the parent that accrued subsequent to the date of the parental disability, but shall not be applied to an arrearage that accrued prior to the date of disability. The date of disability shall be as determined by the paying agency.
Section 2. KRS 403.212 is amended to read as follows:
(1)The following provisions and child support table shall be the child support guidelines established for the Commonwealth of Kentucky.
(2)For the purposes of the child support guidelines:
(a)"Income" means actual gross income of the parent if employed to full capacity or potential income if unemployed or underemployed.
(b)"Gross income" includes income from any source, except as excluded in this subsection, and includes but is not limited to income from salaries, wages, retirement and pension funds, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, Social Security benefits, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, Supplemental Security Income (SSI), gifts, prizes, and alimony or maintenance received. Specifically excluded are benefits received from means-tested public assistance programs, including but not limited to public assistance as defined under Title IV-A of the Federal Social Security Act, and food stamps.
(c)For income from self-employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership or closely held corporation, "gross income" means gross receipts minus ordinary and necessary expenses required for self-employment or business operation. Straight-line depreciation, using Internal Revenue Service (IRS) guidelines, shall be the only allowable method of calculating depreciation expense in determining gross income. Specifically excluded from ordinary and necessary expenses for purposes of this guideline shall be investment tax credits or any other business expenses inappropriate for determining gross income for purposes of calculating child support. Income and expenses from self-employment or operation of a business shall be carefully reviewed to determine an appropriate level of gross income available to the parent to satisfy a child support obligation. In most cases, this amount will differ from a determination of business income for tax purposes. Expense reimbursement or in-kind payments received by a parent in the course of employment, self-employment, or operation of a business or personal use of business property or payments of expenses by a business, shall be counted as income if they are significant and reduce personal living expenses such as a company or business car, free housing, reimbursed meals, or club dues.
(d)If a parent is voluntarily unemployed or underemployed, child support shall be calculated based on a determination of potential income, except that a determination of potential income shall not be made for a parent who is physically or mentally incapacitated or is caring for a very young child, age three (3) or younger, for whom the parents owe a joint legal responsibility. Potential income shall be determined based upon employment potential and probable earnings level based on the obligor's or obligee's recent work history, occupational qualifications, and prevailing job opportunities and earnings levels in the community. A court may find a parent to be voluntarily unemployed or underemployed without finding that the parent intended to avoid or reduce the child support obligation.
(e)"Imputed child support obligation" means the amount of child support the parent would be required to pay from application of the child support guidelines.
(f)Income statements of the parents shall be verified by documentation of both current and past income. Suitable documentation shall include, but shall not be limited to, income tax returns, paystubs, employer statements, or receipts and expenses if self-employed.
(g)"Combined monthly adjusted parental gross income" means the combined monthly gross incomes of both parents, less any of the following payments made by the parent:
1.[The cost of health insurance coverage for the child;
2.]The amount of pre-existing orders for current maintenance for prior spouses to the extent payment is actually made and the amount of current maintenance, if any, ordered paid in the proceeding before the court;
2.[3.]The amount of pre-existing orders of current child support for prior-born children to the extent payment is actually made under those orders; and
3.[4.]A deduction for the support to the extent payment is made, if a parent is legally responsible for and is actually providing support for other prior-born children who are not the subject of a particular proceeding. If the prior-born children reside with that parent, an "imputed child support obligation" shall be allowed in the amount which would result from application of the guidelines for the support of the prior-born children.
(h)"Split custody arrangement" means a situation where each parent is the residential custodian for one (1) or more children for whom the parents share a joint legal responsibility.
(3)The child support obligation set forth in the child support guidelines table shall be divided between the parents in proportion to their combined monthly adjusted parental gross income.
(4)The child support obligation shall be the appropriate amount for the number of children in the table for whom the parents share a joint legal responsibility. The minimum amount of child support shall be sixty dollars ($60) per month.
(5)The court may use its judicial discretion in determining child support in circumstances where combined adjusted parental gross income exceeds the uppermost levels of the guideline table.
(6)The child support obligation in a split custody arrangement shall be calculated in the following manner:
(a)Two (2) separate child support obligation worksheets shall be prepared, one (1) for each household, using the number of children born of the relationship in each separate household, rather than the total number of children born of the relationship.
(b)The nonresidential custodian with the greater monthly obligation amount shall pay the difference between the obligation amounts, as determined by the worksheets, to the other parent.
(7)The child support guidelines table is as follows:
COMBINED
MONTHLY
ADJUSTED
PARENTAL
GROSS SIX
INCOMEONETWOTHREEFOURFIVEOR
CHILD CHILDREN MORE
$ 0$ 60$ 60$ 60$ 60$ 60$ 60
100 60 60 60 60 60 60
200707070707070
300808080808080
400909090909090
500100105110115120125
600120125130135140145
700140156161166171176
800160203208213218223
900180261266271276281
1,000195303325330335340
1,100212324384389394399
1,200229346433446451456
1,300246367460504510515
1,400262392491554576582
1,500277417522588642650
1,600293437548618674717
1,700308458574647706755
1,800322478599675736788
1,900336495620699763816
2,000350512642723789844
2,100364529663747815872
2,200376546684771841900
2,300389563706795868928
2,400401580727819894956
2,500413597749843920984
2,6004246147708679461,012
2,7004356307908899701,038
2,8004456468099119941,064
2,9004556628299341,0191,090
3,0004656778499561,0431,116
3,1004756938689781,0671,142
3,2004857098881,0011,0921,168
3,3004957259081,0231,1161,194
3,4005067419281,0451,1401,220
3,5005167579471,0671,1641,246
3,6005267739671,0901,1891,272
3,7005367909881,1131,2151,299
3,8005488081,0111,1391,2431,329
3,9005598261,0331,1641,2701,359
4,0005718441,0561,1901,2981,388
4,1005808621,0781,2151,3261,418
4,2005928801,1011,2401,3531,448
4,3006038981,1231,2661,3811,477
4,4006159161,1461,2911,4091,507
4,5006269331,1611,3161,4351,535
4,6006369491,1811,3381,4591,561
4,7006479641,2001,3601,4831,586
4,8006579801,2201,3811,5071,612
4,9006679951,2391,4031,5311,637
5,0006761,0101,2571,4241,5541,661
5,1006861,0251,2751,4441,5761,685
5,2006951,0391,2941,4651,5991,709
5,3007051,0541,3121,4861,6211,733
5,4007141,0691,3301,5061,6441,757
5,5007241,0831,3481,5271,6661,781
5,6007331,0981,3671,5481,6891,805
5,7007431,1131,3851,5681,7121,829
5,8007531,1271,4031,5891,7341,853
5,9007621,1421,4211,6101,7571,877
6,0007721,1571,4401,6301,7791,901
6,1007811,1711,4581,6511,8021,926
6,2007911,1861,4761,6721,8241,950
6,3008001,1981,4981,6901,8441,970
6,4008081,2091,5111,7051,8601,988
6,5008161,2191,5241,7201,8762,005
6,6008231,2301,5381,7351,8932,023
6,7008301,2401,5511,7501,9092,040
6,8008371,2511,5641,7641,9252,058
6,9008441,2611,5771,7791,9422,075
7,0008511,2721,5911,7941,9582,093
7,1008581,2821,6041,8091,9752,110
7,2008651,2931,6171,8241,9912,127
7,3008721,3031,6301,8392,0072,145
7,4008791,3131,6441,8542,0242,162
7,5008851,3241,6571,8692,0402,179
7,6008911,3331,6681,8812,0532,194
7,7008961,3421,6791,8932,0662,208
7,8009011,3501,6911,9052,0792,223
7,9009071,3591,7021,9172,0932,238
8,0009121,3681,7131,9292,1062,252
8,1009171,3771,7241,9412,1192,267
8,2009221,3861,7361,9532,1332,281
8,3009281,3951,7471,9652,1462,296
8,4009331,4041,7581,9772,1592,311
8,5009381,4131,7691,9892,1732,325
8,6009441,4211,7802,0022,1862,340
8,7009491,4301,7922,0142,1992,354
8,8009541,4371,8002,0242,2102,366
8,9009581,4441,8092,0332,2202,376
9,0009621,4501,8172,0422,2302,387
9,1009661,4571,8252,0522,2412,398
9,2009711,4631,8332,0612,2512,408
9,3009751,4701,8422,0702,2612,419
9,4009791,4761,8502,0792,2712,430
9,5009831,4831,8582,0892,2812,440
9,6009881,4891,8662,0982,2912,451
9,7009921,4961,8742,1072,3012,461
9,8009961,5021,8832,1172,3112,472
9,9001,0001,5081,8912,1262,3212,483
10,0001,0051,5151,8992,1652,3312,493
10,4001,0221,5411,9322,2022,3722,536
10,5001,0271,5481,9402,2122,3822,546
10,6001,0321,5541,9482,2212,3922,557
10,7001,0361,5611,9562,2302,4022,567
10,8001,0401,5671,9652,2402,4122,578
10,9001,0441,5731,9732,2492,4222,589
11,0001,0491,5801,9812,2582,4322,599
11,1001,0531,5871,9892,2682,4432,610
11,2001,0581,5931,9972,2772,4532,620
11,3001,0621,6002,0052,2862,4632,631
11,4001,0661,6062,0132,2952,4732,642
11,5001,0701,6132,0212,3052,4832,652
11,6001,0751,6192,0292,3142,4932,663
11,7001,0791,6262,0372,3232,5032,673
11,8001,0841,6332,0462,3332,5132,684
11,9001,0881,6392,0542,3422,5232,695
12,0001,0931,6462,0622,3512,5332,705
12,1001,0971,6532,0702,3612,5442,716
12,2001,1021,6592,0782,3702,5542,726
12,3001,1061,6662,0862,3792,5642,737
12,4001,1101,6722,0942,3882,5742,748
12,5001,1141,6792,1022,3982,5842,758
12,6001,1191,6852,1102,4072,5942,769
12,7001,1231,6922,1182,4162,6042,779
12,8001,1281,6992,1272,4262,6142,790
12,9001,1321,7052,1352,4352,6242,801
13,0001,1371,7122,1432,4442,6342,811
13,1001,1411,7192,1512,4542,6452,822
13,2001,1461,7252,1592,4632,6652,832
13,3001,1501,7322,1672,4722,6652,843
13,4001,1541,7382,1752,4812,6752,854
13,5001,1581,7452,1832,4912,6852,864
13,6001,1631,7512,1912,5002,6952,875
13,7001,1671,7582,1992,5092,7052,885
13,8001,1721,7652,2082,5192,7152,896
13,9001,1761,7712,2162,5282,7252,907
14,0001,1811,7782,2242,5372,7352,917
14,1001,1851,7852,2322,5472,7462,928
14,2001,1901,7912,2402,5562,7562,938
14,3001,1941,7982,2482,5652,7662,949
14,4001,1981,8042,2562,5742,7762,960
14,5001,2021,8112,2642,5842,7862,970
14,6001,2071,8172,2722,5932,7962,981
14,7001,2111,8242,2802,6022,8062,991
14,8001,2161,8312,2892,6122,8163,002
14,9001,2201,8372,2972,6212,8263,013
15,0001,2251,8442,3052,6302,8363,023
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SB022410.100-2053GA