403.2122 Shared parenting time credit -- Determination – Adjustments.
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/ky/chapter-403/403-2122A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)As used in this section, "day" means more than twelve
(12)consecutive hours
in a twenty-four
(24)hour period under the care, control, or direct supervision
of one
(1)parent or caretaker, or as the court determines based on findings of
substantially equivalent care or expense. Unless the context requires
otherwise, "day" shall include housing, entertaining, feeding, transporting the
child, attending to school work, athletic events, extracurricular activities, or
other activities that transfer with the child as the child moves from one
parent to the other.
(b)The parenting time for either parent shall begin at the time of exchange of the
child or children from one
(1)parent to the other.
(c)Unless otherwise ordered, if the exchange occurs at school or with a care
provider, the receiving parent’s time shall begin and the other parent's time
shall end at the time the child is picked up from school or from the care
provider.
(a)In order to receive a shared parenting time credit, a parent shall maintain care,
custody, and control over the child for a minimum of eighty-eight
(88)days
per year, as defined by this section, regardless of the age of the child.
(b)The shared parenting time credit shall only be applicable for parenting time
that is court-ordered or parenting time that is exercised by consent of the
parties.
(3)Except as provided in subsection
(6)of this section or otherwise provided in this
chapter, the child support obligation determined under KRS 403.212 shall be
subject to further adjustment upon motion of the parent seeking credit as follows:
(a)For parents who share parenting time under an order that is court-ordered or
exercised by consent of the parties, the court shall:
1. a. Calculate the child support obligation set forth in the child support
guidelines table in accordance with KRS 403.212(5)(a) using the
combined gross adjusted income of the parties.
b. If both parents exercise their equal shared parenting time, the
parent with the higher gross monthly income shall be deemed the
obligor;
2. Determine the number of days for both parents on an annual basis based
upon an order that is court-ordered or approved and exercised;
3. Using the days a child spends with the obligated parent, determine the
adjustment percentage using the shared parenting time credit chart in
subsection
(4)of this section;
4. Determine the shared parenting time credit adjustment by multiplying
the obligated parent's adjustment percentage by the total support
obligation found on the child support obligation worksheet to establish
the shared parenting expense adjustment for the obligated parent, as
determined in subparagraph 1. of this paragraph; and
5. Subtract the amount calculated in subparagraph 4. of this paragraph
from the obligated parent's monthly obligation, found on the child
support obligation worksheet, as determined in subparagraph 1. of this
paragraph;
(b)The court may use its discretion in adjusting each parent's child support
obligation under this subsection after consideration of the following:
1. The obligated parent's income and ability to maintain the basic
necessities of the home for the child;
2. Whether either parent has consistently exercised, or is likely to
consistently exercise, the court-ordered timesharing schedule or
timesharing agreement between the parents;
3. Whether all of the children are subject to the same timesharing schedule;
4. Whether the time-sharing plan results in fewer overnights due to a
significant geographical distance between the parties that may affect the
child support obligation;
5. The military deployment or extended service obligations of the parties;
and
6. The health insurance or medical care provided by either parent; and
(c)The self-support reserve, as calculated under KRS 403.212(5)(b), and the
shared parenting time credit, as calculated under this subsection, shall not be
applied together. The obligor shall be responsible for the lesser support
amount as determined under KRS 403.212(5)(c).
(4)The shared parenting time credit chart is as follows:
Parenting Time Days Adjustment Percentage
88-115 15%
116-129 20.5%
130-142 25%
143-152 30.5%
153-162 36%
163-172 42%
173-181 48.5%
182-182.5 50%
(a)Failure by one
(1)party to consistently exercise the court-ordered timesharing
schedule or timesharing agreement between the parents shall be grounds for
the other party to seek modification from the court.
(b)A party may seek modification following a fifteen percent (15%) change in
the number of timesharing days and shall have the burden of proving a
material change in timesharing circumstances.
(c)Nothing in this section shall affect or prevent the application of KRS
403.213(2).
(6)The court shall have discretion in awarding a shared parenting time credit if the
obligee receives:
(a)Kentucky Children's Health Insurance Program (KCHIP);
(b)Kentucky Transitional Assistance Program (KTAP);
(c)Supplemental Nutrition Assistance Program (SNAP); or
(d)Medicaid.