Parents who find themselves raising a child with a disability face unique challenges, including financial burdens and the need for specialized accommodations and support. When a separation or divorce occurs, the importance of child support becomes even more pronounced. In the state of Kentucky, child support is determined through a formula that takes into account the incomes of both parents and specific expenses related to the child. However, when a child has a disability, additional factors must be considered to ensure fair support.
Understanding Kentucky’s Child Support Guidelines
Kentucky has established child support guidelines outlined in the Kentucky Revised Statutes (KRS) and the rules of the Kentucky Supreme Court. These guidelines are applicable to all cases in which child support is ordered, including those involving a child with a disability.
According to the law in Kentucky, child support calculations are generally based on the income of both parents and the expenses associated with raising the child. These expenses may encompass daycare costs, medical expenses, as well as educational expenses. The exact amount of child support is influenced by various factors such as the number of children, the income of each parent, and the distribution of time the child spends with each parent.
Additional Considerations for Children with Disabilities
When a child has a disability, the calculation of child support must account for additional considerations. Parents may find themselves financially responsible for special accommodations and support services that contribute to the well-being of their child. These accommodations could include specialized medical equipment, therapy sessions, or even in-home assistance. The associated expenses can be substantial and may exceed the usual costs of raising a child.
Fortunately, Kentucky law allows for deviations from the standard child support guidelines in such situations. A deviation refers to a departure from the established guidelines based on unique case-specific factors. For instance, if a child requires special accommodations and support due to their disability, a court has the authority to deviate from the standard guidelines to account for these additional expenses.
Factors Influencing Deviations
In Kentucky, a court may order a deviation from the child support guidelines if it deems that adhering to the standard guidelines would be unjust or inappropriate in a particular case. To make this determination, the court considers several factors, including but not limited to:
- The financial resources and needs of both parents
- Any extraordinary medical expenses associated with the child’s disability
- The standard of living expected for the child
- Any other factors that the court deems relevant to the case
Once these factors are carefully assessed, the court may deem it necessary to order a deviation from the standard guidelines to ensure that the special needs of the child are adequately met.
Conclusion
Raising a child with a disability is both challenging and costly. In situations where parents separate or divorce, child support plays a crucial role in providing the additional resources and support needed to care for a child with special needs. In Kentucky, the determination of child support follows a formula considering the incomes of both parents and specific expenses associated with raising the child. However, when a child has a disability, additional factors must be taken into consideration. In such cases, a court may order a deviation from the standard guidelines to account for the extra support and accommodations necessary to meet the unique requirements of the child.