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Child Support For High Income Earning Parents

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If you are a High Income Earning Parent, or if you and your ex-spouse or child’s parent together make in excess of $180,000 per year ($15,000 gross per month), your Child Support obligation or Rights to Child Support have been dramatically affected by the most recent Kentucky Supreme Court Opinion.  McCarty v. Faried, 2015-SC-000271-DGE, decided May 5, 2016. Court upheld a $4,250 per month Child Support obligation based upon the anticipated monthly cost of buying a new home, utilities, extracurricular activities, and other expenses consistent with the standard of living of the high income earner.  The claiming party was not required to show that every dollar requested was “destined to cover a specific expense” thereby changing long standing Kentucky case law.  As long as the child support request was “rationally related to the best interest” of the child, the Trial Court had a “duty” to consider the request and set the child support at a “reasonable amount”.  Additionally, the Court held that the amount requested was retroactive to the date of filing the Motion, over three (3) years earlier, even though a good portion of the amounts claimed had never been incurred.  If you have questions about the amount of child support you are paying, or receiving, contact the law offices of Gwin Steinmetz & Baird, Callie E. Walton, or Tracey C. Smith, for a free consultation and review., 502-618-5700.

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