Legal Question in Family Law in Kentucky

calculation child support while on unemployment

I am the custodial parent. I want to have the current child support re-evaluated. I now receive unemployment which is less than my former salary. ($300 a wk less) My question is that if I do have the child support re-evaluated what income would it be based on? My unemployment or my salary from my previous employer? And would they calculate his income from his business on the side? Would they take in consideration the rent he is receiving from properties that non-cust. owns? The last child support agreement was not used. I lowered it by $200 a month due to horrible harassment by non-custodial parent. Was scared and out of money. Non-cust. said that calculated support was too high and couldn't pay its bills. Now non-cust. have bought a few rental houses and expensive cars and have another business. non-cust. is not married. Please help! Thank you.

Asked on 6/12/09, 7:00 am

1 Answer from Attorneys

Rene Heinrich The Heinrich Firm

Re: calculation child support while on unemployment

The statute says that a parent's "income capacity" is what needs to be considered. Therefore, depending on what kind of argument he puts up, it's possible for the judge to consider either. On the flip side, all income is to be imputed so his rent and other side business income should be added. Once the judge determines both of your incomes, he will then run the numbers. Depending on the year you entered into the current order, the new number would have to be 15 or 20% different from the old number for the judge to adopt the new number.

The Campbell County child support office is a free service that can get you the forms to fill out for a review and help you through the process. If it looks like it's going to be complicated (finding and proving his other income), you may want to get a lawyer.

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Answered on 6/12/09, 9:47 am

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