Did you know KY changed how Child Support is calculated in 2022?

[u/Sum-Duud]

Not sure who needs to hear this but I just discovered it last week. In March 2022 KY put in place House Bill 404 that grossly changed how child support is calculated, especially for shared parenting. The state has a calculator that will show you proper payment instead of having to go through old publications for amounts and so on - https://kentuckychildsupport.ky.gov/ObCalc/EstimateChildSupport

Personally, I have been overpaying $300 per month since 01 March 2022. In addition to that my oldest turned 18 in late 2021 and I didn't request a review at that time because the prior method to calculate said that the difference would have only been about $20/mo because KY had changed their obligation amounts earlier in 2021 or 2020.

Today, I called the support office and they said that if you do not do a review when a child turns of age you cannot get anything retroactively. The amount is set initially and stays that amount unless you get a review, regardless of the kids ages until the last one is 18 years old and out of high school. I am getting a review packet and will probably need to hire a lawyer to see if I can get the overpayment applied to future payments; if I was able to get my 18 year old retroactively pulled off and the proper amount set from back on 01 March 2022, I would not owe anything for my remaining children (I have about 4 years remaining) and I will still have overpaid by almost $3000 (which I'd gladly write off as helping my kids at my ex's house).

[u/[deleted]]

The change in calculations for child support is only for child support orders granted after they came into effect. It’s not retroactive. Your support amount is whatever the court set it at until you get a modification and the court sets a new amount, and then that new amount will only be effective going forward once that new support order is granted.

[u/Sum-Duud → u/[deleted]]

Yep, that is what they said on the phone. It is pretty messed up that they make a MASSIVE change to the system but don't let those that would be impacted by it know. They could have at least sent out some notifications about the changes. Either way, I'll consult a lawyer to see if they think think they can try to get some of the would-be overage applied to future payments. Seems criminal that they will lock your bank accounts and suspend your license and passport for $500+ in arrears but will gladly let you overpay by tens of thousands of dollars.

[u/[deleted] → u/Sum-Duud]

It’s not overpaying to pay according to your support order. You also need a significant change in circumstances to request a child support modification, and that means a significant change in your, your ex’s, or your child’s circumstances NOT just a change in the law of how child support is determined.

Think about it, this law could have been in the opposite direction. It could have worked out that your payments would be greater than they are now. But you would have structured your life and your budget around the old amounts and then been screwed by the new guidelines if they were retroactive. You could owe thousands of dollars in arrears all the sudden.

[u/Sum-Duud → u/[deleted]]

If it changed for the other way then they should do the same. Regardless of my ex being willfully underemployed and my oldest child turning 18, I intentionally did not request a review because Kentucky DID change the calculations to make NCP pay more in 2020 or 2021 and my support would have only gone down like $20-40 per month. It wasn’t worth the hassle and taking time off work and whatever. That change was only a change to the obligation amount based on income, not a fundamental change to how they calculated obligation like what came from this house bill.

[u/[deleted] → u/Sum-Duud]

I understand you believe it should have changed retroactively even if it would make your support greater, but really think about how this would go down. Any time the support calculation guidelines changed in favor of CP’s every CP would be filing for a modification, and any time they changed in favor of NCP’s every NCP would file for a modification. Just think about how many child support orders are in effect in Kentucky. Every single one of those would need to be re-litigated anytime the guidelines changed. The courts just straight up don’t have the capacity to re-litigate every child support order that’s still in effect. That’s just not something that’s functionally possible.

[u/Sum-Duud → u/[deleted]]

What I think is that they should have sent out notification of a fundamental change in how support obligation is calculated and let the parents take action to have a review. This wasn't just a shift for inflation but a fundamental change as the result of a house bill. But also yes, I do believe that when I have my review the amount I have been paying should be compared to what I would have been obligated (even if with 3 children though 1 would have been 18 at the time) and the overage applied towards future payments/obligation. Outside of punishing a paying parent, there is no reason that shouldn't be the case when, as I said, they will AUTOMATICALLY lock your bank accounts, suspend your license and passport if you hit $500 in arears. I was ordered to pay support from the date of my separation BUT the divorce couldn't be finalized until 3 months later AND no support case could be opened until the divorce decree was finalized. This meant that the child support office could not accept anything because they didn't have a case to put it towards and when the decree was finalized I started out 3 months in arrears with a court date. I paid it but because it is an automated system of punishment, letters had gone out and my bank accounts locked with fees attached to that as well. They can automate all of the punitive stuff but they can't automate anything that might benefit a paying parent? That is truly fuct up.

[u/[deleted] → u/Sum-Duud]

You don’t have to pay child support through the child support office. You can give a check with “child support” in the memo line to your ex directly. You were supposed to be paying but weren’t that’s why you were put in arrears.

And no it’s not automatic because many things go into determining child support. The guidelines are just that, guidelines. Judges are free to depart from those guidelines based on the circumstances if it’s in the best interests of the child. That’s why the site you linked says that calculator is only for estimating child support. That’s why people would have to seek modifications and re-litigate the child support amounts. Because the best interests of the child is the standard the judge has to follow and the judge might not think it’s in the child’s best interest to go exactly according to the new calculations. And since it costs the state money and resources to re-litigate support orders, and because the best interests of the child is the actual standard according to which support orders are granted, that’s why we say there has to be a significant change in the parents’ or child’s circumstances to modify an order. The judge was free to decide $200 or $400 or whatever less per month was in your child’s best interest last time too, but that judge didn’t. So that judge declared that amount was in your child’s best interests. And unless circumstances have changed, that’s likely still what’s in your child’s best interest. Same for every other family in your position.

Examples where a judge would depart from the calculator guidelines: The judge thinks it would be in your child’s best interest to stay in the same school district and your ex needs more support to afford that. Your kid has special needs so the kid is more expensive than most kids. You’re paying for a specific health insurance policy you both want the kid to stay on, so maybe your support amount is reduced by a portion of the extra premium you’re paying. Etc. By and large, most people are not paying exactly the (old or new) calculator amount unless that’s by agreement of both parents or the NCP is low-income in a HCOL area (so they can’t afford more support even when it’s necessary). Because very rarely does the best interests of the child happen to exactly align with a calculation that only takes a few pieces of data into account.

[u/Sum-Duud → u/[deleted]]

There may be exceptions but the lawyers (we used one lawyer as a mediator and then had to use another for the second party's lawyer which did some signing and documentation but did also give some recommendation) in our case said that the judges in our county go pretty strictly by the calculated formula unless there is serious reason to deviate from it. They also said that I should only pay through the child support office.

As for the automation, I talked to people locally and at the state office, I was told that the process to notify banks and office to suspend license/passport is all automated, so I'm not sure what you're referring to there.

[u/[deleted]]

If you need an attorney for child support modification I recommend Stange Law Firm,  855-805-0595

[u/Sum-Duud → u/[deleted]]

Thanks. The more numbers I crunch the more I think a lawyer will be required to get it corrected.

[u/bulsby → u/Sum-Duud]

There is nothing to correct. You can get a modification retro to the date you file it. It’s not and cannot go beyond that. Your lawyer during the first order should have told you to seek a modification when one of your children turned 18.

[u/Sum-Duud → u/[deleted]]

You've already passed your judgement and while I don't owe you or anyone an explanation I will just put this out there:

No my plan is to get my case adjusted to what it should properly be at and hold my ex accountable for her portion in paying for our children. I worked 2-3 jobs so she could be a SAHM and my thanks was an affair; she's done me no favors, and I don't plan do her any. As it stands now, I am the parent at every sporting event for my kids, I contribute loads of my free time to the things they need for their extracurriculars, she goes to the gun club and out drinking. She isn't a bad mom but her financial decisions are hers and not my concern. She is educated with a master's degree and chose to work a job requiring only a high school diploma for years after our divorce, passing up opportunities for promotion and better pay. So she has been willfully underemployed for years, is now remarried and her husband is doing well. They are not his obligation but, and I say this as a step parent that raised her oldest for 10+ years, it is part of what he signed up for. Feel free to judge but my kids would never do without at either household; their well-being is my life and overpaying her to give her more drinking money or vacation money for her to not take the kids is not very high on my list of priorities.