Full question:
I want to file for legal separation. How should alimony and child support be calculated? I have been a full time student for the past two years and my spouse has been solely responsible for household expenses.
- Category: Divorce
- Subcategory: Separation Agreements
- Date:
- State: Kentucky
Answer:
Kentucky allows couples to create written separation agreements to resolve disputes amicably. These agreements can include provisions for spousal maintenance, property division, and child custody and support. The court generally upholds these agreements unless they are found to be unconscionable, in which case the court may require revisions or issue its own orders.
When determining spousal support, the court considers several factors, including:
- The financial resources of the spouse seeking support
- The time needed to obtain education or training for employment
- The standard of living during the marriage
- The duration of the marriage
- The age and physical and emotional condition of the spouse seeking support
- The ability of the paying spouse to meet their own needs while supporting the other
For child support, Kentucky has established guidelines that represent the presumed correct amount of support. Courts can deviate from these guidelines only if there is a specific reason that applying them would be unjust or inappropriate, and any deviation must be documented in writing.
Child support obligations end when the child is emancipated, or at age eighteen if they are still in high school. If the child turns eighteen while still in school, support continues until the end of the school year when they turn nineteen. The court will also allocate healthcare costs for the child based on the parties' adjusted gross income if reasonable coverage is available.
Child support orders must include the Social Security numbers of all parties involved. Modifications to child support can only occur with evidence of a material change in circumstances that results in a fifteen percent change in the support amount.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.