KRS § 403.2122 — KY Code / Title XXXV / Chapter 403 / Section 403.2122
403.2122 Shared parenting time credit -- Determination - Adjustments
Status: in_force

403.2122 Shared parenting time credit -- Determination - Adjustments.

(1) (a) As used in this section, "day" means more than twelve (12) consecutive hours

in a twenty-four (24) hour period under the care, control, or direct supervision

of one (1) parent or caretaker, or as the court determines based on findings of

substantially equivalent care or expense. Unless the context requires

otherwise, "day" shall include housing, entertaining, feeding, transporting the

child, attending to school work, athletic events, extracurricular activities, or

other activities that transfer with the child as the child moves from one (1)

parent to the other.

(b) The parenting time for either parent shall begin at the time of exchange of the

child or children from one (1) parent to the other.

(c) Unless otherwise ordered, if the exchange occurs at school or with a care

provider, the receiving parent’s time shall begin and the other parent's time

shall end at the time the child is picked up from school or from the care

provider.

(2) (a) In order to receive a shared parenting time credit, a parent shall maintain care,

custody, and control over the child for a minimum of eighty-eight (88) days

per year, as defined by this section, regardless of the age of the child.

(b) The shared parenting time credit shall only be applicable for parenting time

that is court-ordered or parenting time that is exercised by consent of the

parties.

(3) Except as provided in subsection (6) of this section or otherwise provided in this

chapter, the child support obligation determined under KRS 403.212 shall be

subject to further adjustment upon motion of the parent seeking credit as follows:

(a) For parents who share parenting time under an order that is court-ordered or

exercised by consent of the parties, the court shall:

1. a. Calculate the child support obligation set forth in the child support

guidelines table in accordance with KRS 403.212(5)(a) using the

combined gross adjusted income of the parties.

b. If both parents exercise their equal shared parenting time, the

parent with the higher gross monthly income shall be deemed the

obligor;

2. Determine the number of days for both parents on an annual basis based

upon an order that is court-ordered or approved and exercised;

3. Using the days a child spends with the obligated parent, determine the

adjustment percentage using the shared parenting time credit chart in

subsection (4) of this section;

4. Determine the shared parenting time credit adjustment by multiplying

the obligated parent's adjustment percentage by the total support

obligation found on the child support obligation worksheet to establish

the shared parenting expense adjustment for the obligated parent, as

determined in subparagraph 1. of this paragraph; and

5. Subtract the amount calculated in subparagraph 4. of this paragraph

from the obligated parent's monthly obligation, found on the child

support obligation worksheet, as determined in subparagraph 1. of this

paragraph;

(b) The court may use its discretion in adjusting each parent's child support

obligation under this subsection after consideration of the following:

1. The obligated parent's income and ability to maintain the basic

necessities of the home for the child;

2. Whether either parent has consistently exercised, or is likely to

consistently exercise, the court-ordered timesharing schedule or

timesharing agreement between the parents;

3. Whether all of the children are subject to the same timesharing schedule;

4. Whether the time-sharing plan results in fewer overnights due to a

significant geographical distance between the parties that may affect the

child support obligation;

5. The military deployment or extended service obligations of the parties;

and

6. The health insurance or medical care provided by either parent; and

(c) The self-support reserve, as calculated under KRS 403.212(5)(b), and the

shared parenting time credit, as calculated under this subsection, shall not be

applied together. The obligor shall be responsible for the lesser support

amount as determined under KRS 403.212(5)(c).

(4) The shared parenting time credit chart is as follows:

Parenting Time Days Adjustment Percentage

88-115 15%

116-129 20.5%

130-142 25%

143-152 30.5%

153-162 36%

163-172 42%

173-181 48.5%

182-182.5 50%

(5) (a) Failure by one (1) party to consistently exercise the court-ordered timesharing

schedule or timesharing agreement between the parents shall be grounds for

the other party to seek modification from the court.

(b) A party may seek modification following a fifteen percent (15%) change in

the number of timesharing days and shall have the burden of proving a

material change in timesharing circumstances.

(c) Nothing in this section shall affect or prevent the application of KRS

403.213(2).

(6) The court shall have discretion in awarding a shared parenting time credit if the

obligee receives:

(a) Kentucky Children's Health Insurance Program (KCHIP);

(b) Kentucky Transitional Assistance Program (KTAP);

(c) Supplemental Nutrition Assistance Program (SNAP); or

(d) Medicaid.