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Characteristics of Shared-Placement Child Support Formulas Used in the Fifty States - page 30 / 54

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Appendix Legal 1

Kentucky law provides that the child support guidelines shall apply to set the presumptive amount

of the child support award but that courts may deviate from the guidelines where their application would

be unjust or inappropriate.19 The statute further provides that the presumption that the guideline

calculation will apply may be rebutted and an adjustment made if one of several criteria are established.

Notably, the Kentucky child support statute does not specifically identify shared placement (or the

amount of the lesser-time parent’s time with the child) among the listed criteria as a basis for which an

adjustment could be made.20 Absent specific authorization, it is uncertain whether an adjustment in

shared-time custodial situations would be permissible.

19Kentucky. Rev. Stat. §403-211(2).

20Kentucky. Rev. Stat. §403-211(3). The statute does include a catch-all criteria that permits an “appropriate adjustment of the guideline award if based on . . . [a]ny similar factor of any extraordinary nature specifically identified by the court which would make application of the guidelines inappropriate.” §403-211(3)(g).

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