How Long Do I Have to Pay Support?

If you are considering ending your marriage by filing for divorce, or you have been served with divorce paperwork, you may have a number of  legal questions regarding the divorce process and life after divorce. If there are minor children involved, and you will be the non-custodial parent, one question you may have is “ How long do I have to pay support? ”  Likewise, if you are ordered to pay spousal support you likely want to have some idea how long you will have to pay support to your spouse. Only an experienced Kentucky family law attorney can review the unique facts and circumstances of your marriage and intended divorce to provide you with specific advice and guidance; however, some general information about child and spousal support in Kentucky may be helpful as well.

If your spouse will have primary physical custody of your minor child (children) the court will expect you to pay support for your child. Support is calculated by considering the income of both parents and the relevant expenses of both parents. Kentucky, like most states, uses Child Support Guidelines that are intended to ensure similar outcomes for similar cases where support is ordered. Once support has been ordered, you will be obligated to pay until your child reaches the age of 18 unless your child is still in high school when he or she turns 18. In that case, you will be expected to continue paying until the child reaches the age of 19 or graduates from high school.

Spousal support may also be ordered in your divorce.  Spousal support may be ordered if the court finds that your spouse:

• Lacks sufficient property, including marital property apportioned to him/her, to provide for his/her reasonable needs; and
• Is unable to support himself/herself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.

Kentucky does not place a specific time limit on spousal support obligations. Instead, the court orders spousal support “in such amounts and for such periods of time as the court deems just, and after considering all relevant factors”.

For additional information, consult an experienced Kentucky family law attorney.