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Child Support for a Second Child

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  • 12-18-2012, 01:00 PM
    LAW1120
    Child Support for a Second Child
    My question involves child support in ky

    My husband has a child from previous marriage
    And we are about to enter into a seperation agreement
    Which will say he owes me xxx amount of dollars a month.

    His first ex wife has started proceedings to raise c/s on her end.

    In the state of ky will the amount he pays me be considered when they calculate
    That support?

    If they raise his child support with her can he then use that to Lower c/s with me?
  • 12-21-2012, 09:01 AM
    Mr. Knowitall
    Re: Child Support for a Second Child
    Per statute, prior, continuing support orders are taken into consideration when calculating adjusted gross income.
    Quote:

    Quoting KRS 403.212(g). Child support guidelines -- Terms to be applied in calculations -- Table.
    (g) "Combined monthly adjusted parental gross income" means the combined monthly gross incomes of both parents, less any of the following payments made by the parent:

    1. The amount of pre-existing orders for current maintenance for prior spouses to the extent payment is actually made and the amount of current maintenance, if any, ordered paid in the proceeding before the court;

    2. The amount of pre-existing orders of current child support for prior-born children to the extent payment is actually made under those orders; and

    3. A deduction for the support to the extent payment is made, if a parent is legally responsible for and is actually providing support for other prior-born children who are not the subject of a particular proceeding. If the prior-born children reside with that parent, an "imputed child support obligation" shall be allowed in the amount which would result from application of the guidelines for the support of the prior-born children.

    That statute does prioritize the support of prior-born children. See Kimbrough v. Commonwealth, 215 SW 3d 69 (2006).
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