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Criminal Charges/Nonsupport In fact, once a party owes $2,000 or more they may be charged with felony nonsupport, resulting in prison sentences and a permanent felony record that will limit employment opportunities in the future.
Child support back pay cannot be totally forgiven or waived, but there are a few situations that can help you handle it. Double-check the amount the court states you are in arrears.
The State of Kentucky does not charge interest on missed payments or retroactive support. However, they do provide for interest on adjudicated arrears at a rate of 12%. But only if reduced to a judgment and ordered.
IV-D Case: This type of case requires an application for services. Child Support Enforcement provides services to locate the noncustodial parent, establish paternity, establish child and medical support, modify obligations, and enforce and collect the child support obligation.
The minimum amount of child support is $60 per month. The court can use its judicial discretion to determine child support obligations if the parents' gross income exceed the uppermost levels of the guideline table.
If the parent obligated to pay support has gone 6 months without paying, or is behind more than $1,000, the County Attorney may file flagrant nonsupport charges, which is a Class D Felony punishable from 1 to 5 years in prison and up to a $10,000 fine.
The statute of limitations in Kentucky for enforcement of back child support/arrears is 15 years after the child turns 18 (or 19 if he or she is still in high school at 18) - regardless of when paternity was established.
New Income Maximums The new changes to child support law increase the maximum combined monthly adjusted parental gross income utilized for calculating child support. Previously the chart stopped at $15,000 monthly, which is $180,000 per year. The new chart goes up to $30,000 monthly, or $360,000 per year.
What can happen to me if I am behind in my court ordered child support payments? If you don't pay child support, the other parent can file to bring you back to court. This is called a motion for contempt. After hearing the evidence, the Court may find you in contempt of court.
It is possible that even though you share custody one parent may still have to pay child support. Child support is intended to make both households as equal as possible. So even if it is joint custody, if one parent makes significantly more income than the other, they may have to pay child support.