How is Child Support and Alimony Calculated in a Separation Agreement
12/09/2007 - Category:Divorce - Separation Agreements - State: KY #13611
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.
Kentucky permits the parties to enter into written separation agreements in order to promote amicable settlements of disputes. Such agreements may contain provisions for the maintenance of either spouse, disposition of any property owned by either of them, and custody, support and visitation issues regarding their children. The terms of such an agreement are binding upon the parties and the court, unless the court finds that the agreement is unconscionable, in which case the court may request the parties to submit a revised separation agreement or make its own orders regarding those issues.
Factors the court will consider in determining the amount and duration of the award of spousal support in divorce include such things as the financial resources of the party seeking support; the time necessary to acquire sufficient education or training to enable the person seeking support to find appropriate employment; the standard of living established during the marriage; the duration of the marriage; the age, physical and emotional condition of the spouse seeking support, and; the ability of the payor spouse to meet his needs while meeting the needs of the spouse seeking support.
In divorce, Kentucky has established child support guidelines which serve as the presumed correct amount of support to be paid. Courts may deviate from these guidelines only upon a specific showing that the application of the guidelines would be unjust or inappropriate. Any deviation from the guidelines must include a specific written finding stating the reason for the deviation. The obligation to provide child support shall terminate upon the emancipation of the minor child unless the child is eighteen (18) years old and still in high school. If the child turns eighteen (18) while still in high school, the support obligation shall continue until the completion of the school year in which the child turns nineteen (19) years old.
If healthcare coverage is reasonable and available, the court shall allocate between the parties, in proportion to their adjusted gross income, the cost of healthcare coverage for the child. If coverage is not reasonable and available, the court shall order that such coverage be provided at the time it becomes reasonable and available.
All court orders of child support shall include the Social Security numbers of all parties subject to the support order.A child support award may only be modified upon a showing of a material change of circumstances which would result in a fifteen percent (15%) change in the amount of support paid.
Please see the information and forms at the following links:
12/09/2007 - Category: Separation Agreements - State: KY #13611
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