Kentucky Child Support Expenditure Accounting
Someone just asked me if their former spouse must account for how child support is spent after it is received. My short answer is “No” and here is why.
Since implementation of the Kentucky Child Support Guidelines, Child Support is rarely tied to actual expenditures. Therefore, a Recipient of Child Support does not need to show why child support is necessary or upon what the money is spent. When Child Support is set, the factors that the Court must consider are the income (or potential income) of the Recipient and Payor, the amount of Child Support payable for prior born children by the Payor, the cost of health insurance attributable to the children and work or education related daycare.
There are two (2) basic exceptions: 1) above the Guidelines support and 2) a default. If the parties’ combined gross monthly earnings exceed $15,000.00 or the Payor does not answer the claim for child support, then Family Court will take into consideration the actual dollar-for-dollar needs of the children. In that case, the expenditures are certainly subject to examination.
When you have a complicated “above the Guidelines” case, I normally have an accounting of child related expenses prepared. I work with you to summarize those expenses by month. Then we document those expenses by invoices and account statements or other proof of payment.