Support in Kentucky (2026)

Kentucky’s Equal Parenting Time Presumption and Child Support

Kentucky’s 2018 equal parenting time presumption (KRS 403.270) has a direct and practical impact on child support calculations. When parents share custody equally — which is now the starting point in Kentucky — the child support calculation must account for the fact that both parents are incurring direct child-related expenses during their respective parenting time. This intersection of custody and support law makes Kentucky’s framework distinctive and means that understanding custody arrangements is essential to understanding child support outcomes.

How Child Support Is Calculated

Under KRS 403.212, Kentucky uses the income shares model for child support. The calculation begins with each parent’s adjusted monthly gross income, which includes wages, salaries, commissions, bonuses, self-employment income, pensions, rental income, and most other sources of income. The court may impute income to a parent who is voluntarily unemployed or underemployed without reasonable cause.

After adjustments for items such as maintenance paid to a former spouse and support obligations for other children, the parents’ adjusted incomes are combined. The combined figure is applied to the Kentucky child support guidelines table, which specifies a base support obligation depending on the combined income and the number of children.

Each parent’s share is proportional to their contribution to the combined income. The obligation is then adjusted for:

• Health insurance premiums for the child
• Work-related childcare expenses
• Extraordinary medical expenses

The non-custodial parent typically pays their share to the custodial parent. In equal-time arrangements, the parent with the higher income generally pays the difference between the two parents’ calculated obligations.

For a broader explanation of income shares calculations, see our guide on how child support is calculated. To estimate what your obligation might look like, try our child support calculator.

The 10% Modification Threshold

Kentucky provides a specific, quantifiable standard for when child support modification is warranted. Under KRS 403.213 (as amended effective July 1, 2025), either parent may request a review if the existing order differs from the current guidelines calculation by 10 percent or more. This concrete benchmark gives parents a clearer signal about when a modification request is likely to succeed.

Beyond the 10% threshold, a parent can also request modification by demonstrating a material change in circumstances that is substantial and continuing. Common grounds include:

• A significant change in either parent’s income
• A change in the child’s needs, such as new medical requirements
• A change in the parenting time arrangement
• A change in the cost of health insurance or childcare
• A child aging out of support

Duration of Child Support

Child support in Kentucky generally continues until the child turns 18, or until age 19 if the child is still enrolled in high school. Support also terminates upon emancipation, marriage, or military service.

Kentucky does not authorize courts to order parents to pay for post-secondary education expenses. This distinguishes Kentucky from states like Hawaii, which may extend support through age 23 for college students.

Deviation from the Guidelines

Kentucky courts may deviate from the calculated guideline amount when the standard result would be unjust or inappropriate. Under KRS 403.211, the court considers:

• Extraordinary medical, dental, or educational needs of the child
• Extraordinary travel expenses for parenting time
• The child’s own income or resources
• Combined parental income exceeding the guidelines table maximum
• Agreement of the parties, provided the deviation is in the best interest of the child
• The standard of living the child would have enjoyed had the family remained intact

Any deviation must be supported by written findings explaining why the guidelines amount is inappropriate and why the deviated amount is in the child’s best interest.

Enforcing Child Support

Kentucky enforces child support through the Cabinet for Health and Family Services, Division of Child Support. The state is proactive in pursuing non-payment and employs a comprehensive set of enforcement tools:

• Wage withholding (income assignment)
• Federal and state tax refund intercepts
• Suspension of driver’s and professional licenses
• Contempt of court proceedings (which can result in fines or jail)
• Property liens
• Passport denial for arrearages exceeding $2,500
• Credit bureau reporting

Kentucky participates in interstate enforcement through the Uniform Interstate Family Support Act (UIFSA), which is important given that Kentucky borders seven other states and cross-border family situations are common.

Spousal Maintenance in Kentucky

Kentucky uses the term maintenance rather than alimony. Under KRS 403.200, the court may award maintenance to a spouse who meets two threshold requirements:

1. The spouse lacks sufficient property, including marital property apportioned during the divorce, to provide for reasonable needs.
2. The spouse is unable to support themselves through appropriate employment, or is the custodian of a child whose condition makes it inappropriate to seek outside employment.

Factors in Maintenance Determinations

Once the threshold is met, the court evaluates:

• The financial resources of the party seeking maintenance, including marital property apportioned to them
• The time necessary to acquire sufficient education or training for appropriate employment
• The standard of living established during the marriage
• The duration of the marriage
• The age and physical and emotional condition of the spouse seeking maintenance
• The ability of the paying spouse to meet their own needs while contributing support

Kentucky courts have broad discretion in setting the amount and duration of maintenance. In shorter marriages, maintenance tends to be rehabilitative — designed to support the requesting spouse through education or training. In longer marriages, more extended or even indefinite maintenance awards are possible. Kentucky does not impose a statutory cap on maintenance duration (in contrast to Kansas’s 121-month limit).

Modifying Maintenance

Maintenance orders in Kentucky can be modified upon a showing of changed circumstances that are substantial and continuing. Maintenance typically terminates upon the death of either party or the remarriage of the recipient.

Kentucky does not have a specific statutory provision addressing cohabitation as a ground for termination, though cohabitation may be raised as evidence of changed financial circumstances supporting a modification. This is an area where Kentucky’s law is less explicit than some other states and where case-specific analysis is important.

No-Fault and Its Impact on Support

Because Kentucky is a purely no-fault state, the court does not consider marital misconduct when determining either child support or maintenance. This distinguishes Kentucky from states like Idaho, where fault is an explicit factor in maintenance determinations. In Kentucky, the focus is exclusively on financial circumstances, needs, and the best interests of any children.

When to Seek Legal Help

Kentucky’s child support guidelines provide a structured framework, but the interaction with the equal parenting time presumption adds a layer of complexity that distinguishes Kentucky from most other states. Maintenance remains highly discretionary, with no formula or statutory cap. Whether you expect to pay or receive support, an experienced Kentucky family law attorney can help you understand how the statutory factors apply to your case. Consider scheduling a free consultation to discuss your situation.

Statutes referenced: KRS 403.212 (child support guidelines); KRS 403.211 (deviation factors); KRS 403.213 (modification); KRS 403.200 (maintenance).

Frequently Asked Questions

How is child support calculated in Kentucky?

Kentucky uses the income shares model under KRS 403.212. Both parents’ adjusted monthly gross incomes are combined and applied to the Kentucky child support guidelines table, which specifies a base obligation by combined income and number of children. Each parent’s share is proportional to their percentage of the combined income. Health insurance premiums, work-related childcare, and extraordinary medical expenses are added and apportioned proportionally.

How long does child support last in Kentucky?

Child support in Kentucky generally continues until the child turns 18, or until age 19 if the child is still enrolled in high school. Support also terminates upon emancipation, marriage, or military service. Kentucky does not authorize courts to order parents to pay for college expenses.

What is the modification threshold for child support in Kentucky?

Under KRS 403.213 (as amended effective July 1, 2025), either parent may request a review if the existing order differs from the current guidelines calculation by 10% or more. A material change in circumstances that is substantial and continuing also qualifies, including significant income changes, changes in parenting time, or changes in healthcare or childcare costs.

How does Kentucky determine spousal maintenance?

Under KRS 403.200, the court may award maintenance to a spouse who lacks sufficient property for reasonable needs and cannot support themselves through employment. There is no formula — the court considers marriage duration, standard of living, the requesting spouse’s age and condition, and the paying spouse’s ability to meet their own needs while contributing support.

Does the equal parenting time presumption affect child support in Kentucky?

Yes. When parents share equal time, both are incurring direct child-related expenses during their parenting time. The child support calculation adjusts for this reality, and in equal-time arrangements, the parent with the higher income generally pays the net difference. The 2018 presumption has shifted Kentucky child support outcomes by making equal time the starting point.

Can maintenance be terminated based on cohabitation in Kentucky?

Kentucky does not have a specific statute making cohabitation an automatic ground for termination. However, cohabitation may be raised as evidence of changed financial circumstances supporting a modification request. Whether cohabitation affects maintenance depends on the specific facts — particularly whether the cohabitation reduces the recipient’s financial needs.

How This Guide Was Researched

This guide was developed by reviewing KRS Chapter 403 (dissolution of marriage), with particular attention to KRS 403.212 (child support guidelines), KRS 403.211 (deviation factors), KRS 403.213 (modification threshold, as amended effective July 1, 2025), and KRS 403.200 (maintenance). The analysis of the equal parenting time presumption’s effect on support draws on KRS 403.270 and Kentucky family court practice resources. Enforcement procedures were verified against Kentucky Cabinet for Health and Family Services Division of Child Support publications.

Sources and Legal References

This guide draws on the following specific legal authorities and resources:

• KRS 403.212 — Child support guidelines (income shares model, guidelines table)
• KRS 403.211 — Deviation factors (extraordinary expenses, income exceeding table, standard of living)
• KRS 403.213 — Modification of child support (10% threshold, as amended effective July 1, 2025)
• KRS 403.200 — Spousal maintenance (threshold requirements and factors)
• KRS 403.270 — Equal parenting time presumption (relevant to support calculations)
• Kentucky Cabinet for Health and Family Services — Division of Child Support enforcement procedures

Official Kentucky Resources

• Kentucky Court of Justice — Family Court
• Kentucky Legal Self-Help
• Kentucky Cabinet for Health and Family Services — Child Support

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

• Child custody in Kentucky
• Kentucky custody best interest factors
• Divorce in Kentucky
• How child support is calculated
• How alimony works
• Modifying child support
• 50/50 custody and child support
• Child support enforcement