Hopkinsville Child Support Lawyer

Hopkinsville Child Support Attorney

Unfortunately, some marriages end in divorce or separation. If these couples share children, the stress can be even greater. Each child deserves to be supported financially, and child support ensures this happens. If you are required to pay child support, you need an order for your ex-spouse to pay child support, or are seeking to modify an existing support order; you should contact a Hopkinsville child support lawyer from Mathis, Bates & Klinghard PLLC.

What Is Child Support?

Child support is the obligation of both parents to financially support their children. While it is assumed that the parent with primary physical custody financially supports their child, sometimes the non-custodial parent must be court-ordered to provide support. Child support is made via monthly payments that go directly to the custodial parent or legal guardian. In Hopkinsville, Kentucky, child support payments last until the child turns 18.

While these payments are often points of contention for separating parents, the purpose of these payments is to ensure the needs of the child are met. Many parents argue over child support payments because neither wants to provide the other with money. These payments, however, are strictly for the purposes of supporting the child that they share, who also did not ask to be involved in the separation or divorce of their parents.

Who Pays Child Support?

Either the mother or father can be liable for paying child support, gender does not matter. What is taken into consideration is who the non-custodial parent is. The non-custodial parent may be ordered to pay child support so both parents contribute fairly to the child’s well-being. There are several considerations considered when determining the amount of support ordered.

How Is Child Support Calculated in KY?

Like most states, Kentucky has its own calculator for determining the amount the non-custodial parent will pay in child support. Parents can enter their information directly into the calculator to estimate how much they may pay, though the judge makes the final decision. Information that is inputted into the calculator is the following:

• The number of minor children
• The combined parent’s gross monthly income includes income from salary, wages, retirement and pension funds, commissions, bonuses, dividends, etc.
• The amount of parenting time per the visitation schedule
• The monthly contribution of both parents to health insurance for the child
• Both parents’ monthly contribution to childcare costs

These are just some of the considerations considered when determining child support. Your attorney can help you understand how your specific circumstances could impact child support orders.

What Is the Process for Ordering Child Support?

The process for ordering child support is not complicated but could quickly become challenging. First, the custodial parent will apply for child support by completing an application at their local child support office or online. Then, they deliver or mail the application to their local child support office. It is the court who approves or denies the application, and they will consider the following factors:

• The child’s needs
• Both parents’ income
• Both parents’ financial condition
• How many children do the parents have in common
• If one parent is a considerably higher earner than the other

Establishing paternity and locating the non-custodial parent is also a part of the child support process. Your local child support agency can help you establish paternity and locate the non-custodial parent. You can receive child support even if the non-custodial parent lives in another city, state, or even country.

Sometimes, child support payments need to be modified if the non-custodial parent is unable to pay the given amount. You need to put it in writing to get your child support payments modified. The court will decide if the payments can be changed based on your income and other factors.

What If the Other Parent Doesn’t Pay?

Kentucky takes child support very seriously, so if the non-custodial parent refuses to pay child support, they can face stiff consequences. Primarily, they can have a considerable amount of their income garnished for back payments. Other consequences include having their driver’s license revoked, their passport taken, liens placed on their property, or even jail time.

When Should I Hire a Lawyer?

While the process for applying for child support is straightforward, you may have several questions regarding the complete process along the way. Child support is court-ordered and legally binding, so there are legal statutes that both parents should understand before anyone collects or submits payments. Your lawyer can explain the process to you, inform you of your rights, and ensure you are either making or receiving fair payments.

Your lawyer can also help you if you need your payments modified because of hardship or a reduction in your income. A skilled and experienced lawyer can negotiate with the judge or defend you in court if the other parent isn’t making payments.

FAQs

Q: Should I Get a Lawyer for a Child Support Case?

A: It is recommended that you hire a lawyer for your child support case. If you are required to pay, you need to understand your legal rights and responsibilities. You also need to ensure your payments are fair, and if you need a modification, your lawyer can help with the process. If you are owed child support, you may need a lawyer to help with your application and ensure you receive your payments.

Q: What Is the New Child Support Law in Kentucky?

A: Kentucky’s new child support law includes five changes. These changes include a child support worksheet to calculate payments, a parenting time credit that reduces child support payments if parents spend more time with their child, increases the maximum for the parent’s combined income, more resources for low-income families, and provides for retroactive child support. How these changes could impact you should be discussed with your attorney.

Q: What Is the Minimum Amount of Child Support for a KY?

A: The minimum amount of child support for Kentucky is $60 a month, however, the judge uses their discretion to determine if this amount is sufficient. The judge will consider factors such as the parent’s income, the child’s needs, and the number of children the parents have to make their final judgment. The exact amount of child support you could be ordered to pay or receive should be discussed with your attorney.

Q: What if One Parent Refuses to Pay Child Support?

A: If the other parent refuses to pay child support, they may face harsh consequences. They can have a significant amount of money garnished from their paychecks, and they can lose their licenses, lose their passport, have their tax return garnished, or face jail time. If they are an immigrant, their immigration status may be compromised.

Hopkinsville Child Support Lawyer

Every child deserves to be supported financially by both parents. If you need assistance with your child support case, consulting with a lawyer at Mathis, Bates & Klinghard PLLC can help ensure you have the support you deserve. Our team has the skills and experience to ensure you understand each step of the process and that your child receives the support they deserve. Contact our office today for a consultation.