Will new Kentucky child custody laws affect child support?

On Behalf of | Nov 20, 2018 | Firm News |

If you are preparing for divorce in Kentucky, you’ll want to know about a new law the state passed this year. Other states have recently adopted similar laws, and not everyone is happy about it. In fact, some parent advocates say that the new shared-custody rules could wind up having negative consequences for those seeking child support. Perhaps you are one of many parents who gave up a career to stay home full time with your children.

Divorce will no doubt necessitate that you now must seek gainful employment, which can be quite challenging if you have been out of the workforce for a number of years. These are some of the reasons why not all parents thinks it’s a good idea for states like Kentucky to make shared physical custody the standard, at least until spouses finalize divorce.

At least 20 states are on board with the idea

Kentucky law now states that equal parenting time is standard procedure for temporary court orders during divorce proceedings. This could create serious complications in your life if you happen to be one of many parents who believes there is just cause why your kids shouldn’t have unsupervised time with their other parent. The following information tells more about changing state laws and how such issues might affect your settlement agreement:

  • In 2017, more than 20 states reviewed proposed laws that would presume it best for parents to have joint custody of their children in divorce.
  • A governor in one state vetoed the proposal that made its way to his desk.
  • Fathers’ rights advocates seem to be the ones lobbying hardest for such laws.
  • Mothers’ rights advocates, on the other hand, say that making joint physical custody a must could possibly eliminate a need for child support, which would negatively affect women who are already at a disadvantage in the workplace due to existing disparity between men’s and women’s pay rates.
  • In short, many men are saying they do not enjoy the same benefits and rights when it comes to spending time with their children because existing laws favor women.
  • Women are saying they are short-changed in a more literal sense because mandated joint custody could make it impossible for them to get the financial assistance they need for their kids as they move on in life after divorce.

If you haven’t already laid out the terms of your future co-parenting plan in your pending Kentucky divorce, you’ll want to make sure you seek an update on new laws that may have an impact on your situation.