Whether you are breaking up with your child’s other parent or were never together, we imagine you have serious questions about your child’s care and financial support. This is especially true if you have questions about 50/50 custody and child support in Kentucky.
We can answer all your family law questions at the Law Office of Pamela C. Bratcher. Attorney Pamela Bratcher has been helping Kentucky families navigate custody and support matters for over 30 years, and she has the expertise to achieve the best possible outcome in court.
You can contact our office any time to schedule a consultation, but for now, let’s review some general answers to common questions about custody and child support in Kentucky.
How Does Kentucky Determine Custody?
Like many other aspects of life, child custody obligations often dictate child support obligations. Kentucky courts base custody decisions on the child’s best interests. When making custody orders, courts consider factors such as:
- Each parent’s wishes;
- The child’s relationship with each parent and their siblings;
- The child’s adjustment to their home, school, and community;
- Each parent’s ability to parent and foster a relationship between the child and the other parent;
- The child’s wishes;
- The child’s needs;
- Whether there is any history of neglect or abuse; and
- The health of everyone involved.
Once the court knows what custody rights each parent will receive, it can decide how to calculate child support for the parents.
How Does Kentucky Calculate Child Support?
Kentucky uses the Income Shares Model under KRS 403.212. The idea behind this model is straightforward: a court estimates what both parents would have spent on the child if the family had stayed together, then divides that responsibility proportionally based on each parent’s share of the combined household income. However, under recent updates to Kentucky law, if parents share parenting time, the court applies a Shared Parenting-Time Credit. In a true 50/50 custody arrangement, the paying parent’s obligation is significantly reduced to account for the equal time the child spends in their home.
Here is how the calculation works in broad terms:
- Both parents’ gross monthly incomes are combined
- That combined income is matched to the Kentucky Child Support Guidelines Table to produce a base monthly support obligation for the number of children involved
- Each parent’s percentage share of the combined income determines their share of that base obligation
- Three add-on expenses are then divided proportionally by income share: the child’s health insurance premiums, work-related childcare costs, and extraordinary medical expenses not covered by insurance
- The parent who is not the primary caregiver typically pays their share of the total to the other parent, minus any applicable Shared Parenting-Time Credit based on the number of days the child is in their care
Kentucky defines gross income broadly. Under KRS 403.212, it includes wages, salaries, commissions, bonuses, overtime, rental income, dividends, pension payments, self-employment earnings, Social Security benefits, and workers’ compensation. Means-tested public assistance programs like SNAP and TANF are excluded. The court looks at what a parent actually earns — not what they choose to earn.
One important rule: if a parent is voluntarily unemployed or deliberately working below their earning capacity, the court may impute income to them based on their work history, education, and what local jobs are available. A parent who quits their job to reduce their child support obligation will generally find that the court assigns income to them anyway based on what they are capable of earning.
Kentucky also sets a minimum child support obligation of $60 per month under KRS 403.212, regardless of how low a parent’s income may be. Even a parent with very little income will typically be ordered to pay at least $60 per month.
What Is 50/50 Custody in Kentucky?
With 50/50 custody, a child spends equal time with each parent, and the parents have equal authority to make decisions for the child. Courts aim to give each parent as much time as possible with the child.
Under KY joint custody guidelines, there’s a presumption that 50/50 custody is in the child’s best interest. However, you can rebut this presumption if you can show it is not in the child’s best interest. For instance, if there’s a history of domestic violence or abuse.
New 50/50 Custody Law in Kentucky
Kentucky law presumes that joint custody and equal 50/50 parenting time serve the child’s best interests. Both parents generally receive equal decision-making authority and parenting time if they are fit parents and no safety concerns exist.
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Does Kentucky Award 50/50 Child Support?
Typically, no. When there is an award for joint custody and child support in Kentucky, a parent might receive a child support credit for equal parenting time. However, whichever parent earns more will likely end up paying child support to the other parent.
To get an idea of your support obligations or rights, you can use a 50/50 custody and child support in Kentucky calculator on the Kentucky Division of Child Support Enforcement website. However, speaking to Pamela Bratcher about your concerns can give you a more detailed understanding of what to expect.
What Happens If a Parent Doesn’t Follow the Parenting Schedule?
The shared parenting time credit is tied to parenting time that is actually exercised not just what the order says. This creates two practical scenarios that parents in Warren County regularly encounter.
If the paying parent exercises less time than ordered: They may lose some or all of the credit they would otherwise receive, which increases the amount they owe. Under KRS 403.2122, if one parent’s actual parenting time changes by 15% or more from what the order specifies, either party can file a motion to have the child support recalculated to reflect the actual schedule.
If the receiving parent interferes with the other parent’s time: A parent who is being denied their court-ordered parenting time can document those denials and file a motion for contempt. If the court finds that one parent has been improperly blocking the other’s time reducing the other parent’s actual days the court has discretion to adjust how the credit is calculated to account for the interference.
This is why parenting time and child support are more interconnected in Kentucky than many parents realize. The schedule on paper and the schedule in practice both matter and documenting what actually happens is important if a dispute arises.
Is Kentucky a 50/50 Custody State?
In Kentucky, parents may share 50/50 physical custody or assign one parent as the primary custodian while granting the other significant parenting time. Legal custody remains shared regardless of the physical custody arrangement.
Does 50/50 custody mean I pay zero child support in Kentucky?
Not necessarily. Equal parenting time reduces child support through the shared parenting time credit under KRS 403.2122, but it rarely eliminates it entirely. If both parents earn exactly the same income and split time exactly 50/50, the support obligation may be close to zero but if there is a meaningful income gap between the parents, the higher earner will typically still owe support to equalize the child’s standard of living across both homes. The credit maxes out at 50% of the standard obligation at true equal time-sharing.
Under KRS 403.2122, a day is defined as more than 12 consecutive hours in a 24-hour period under that parent’s care and supervision. This means an overnight counts. A daytime visit that ends before midnight typically does not count as a full day for credit purposes. Parents should track actual overnights carefully especially if their parenting time is close to the 88-day threshold that triggers the credit.
My ex quit their job. Will child support be reduced?
Not automatically. Kentucky courts can impute income to a parent who is voluntarily unemployed or deliberately working below their earning capacity. If a judge finds that a parent quit without good cause or took a lower-paying job to reduce their support obligation, the court will typically assign income to that parent based on their education, work history, and what jobs are available locally. The support obligation is then calculated on that imputed income, not their current actual income.
Do bonuses and overtime count toward child support income in Kentucky?
Yes. Kentucky’s definition of gross income under KRS 403.212 is broad and includes wages, overtime, commissions, bonuses, rental income, dividends, pensions, and self-employment earnings. A parent cannot exclude a year-end bonus or overtime pay from the child support calculation. If income fluctuates significantly year to year, the court may average income over a period of years to arrive at a representative figure.
How do I enforce child support if my co-parent stops paying?
A child support order is a court order non-payment is enforceable through several mechanisms. Kentucky’s child support program (now administered through the Office of the Attorney General’s Department of Child Support Services as of July 2025) can pursue income withholding directly from the paying parent’s employer, intercept state and federal tax refunds, suspend driver’s and professional licenses, and report arrears to credit bureaus. You can also file a contempt motion with Warren County Circuit Court. Unpaid support accumulates as arrears and accrues interest it does not go away.
Receive the Best Support from the Law Office of Pamela C. Bratcher
Knowing how 50/50 custody and child support in Kentucky works is crucial for making the right decisions for your family. At the Law Office of Pamela C. Bratcher, we’re dedicated to providing personalized guidance for your unique situation. Pamela Bratcher has over 30 years of experience and top reviews from her clients. If you need help, contact us today to discuss your case and explore the best options for you and your child.
Resource List
- Kentucky Revised Statutes, §403.2122, link.