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Do you have to pay child support if you do not work?

On Behalf of | Sep 11, 2024 | Divorce

Child support is one of Kentucky’s most critical components of family law. A question that often arises is whether a parent is responsible for paying child support if they do not work outside the home.

This is especially relevant for stay-at-home parents or unemployed parents who wonder if they will be responsible for child support regardless of their income.

Income consideration

Even if you do not work outside the home, Kentucky requires courts to assess all parents’ financial situations to determine whether they have a child support obligation.

This includes income from all sources, including investments, rental properties and government assistance.

Choosing not to work

If you actively choose not to work, the court may impute your income based on your earning potential.

They will consider your former employment, earning capacity, skills and education to come up with a number (equivalent to an income), and the court can assume you could earn that amount if you were employed and base your child support obligations on that figure.

Stay-at-home parents

If you are a stay-at-home parent, you play a critical role in your children’s lives, and the court recognizes that.

However, this does not exempt you from your financial obligations to your child.

If your family arrangement involves one parent as the primary breadwinner and the other parent as the primary caregiver for the children, the court will consider all of that.

Change in circumstances

If your circumstances change—whether that is a change in employment status, income or childcare responsibilities—you can ask the court to review and modify your child support order.

Documenting any changes in your financial situation to support your case is essential.

Legal guidance

Child support matters can be straightforward or complex, depending on the individual case.

It is crucial to consult with a family law attorney who understands how the system works and what the laws say about the subject.