Dispelling Common Myths in Child Support

Child support in Kentucky and Tennessee is set by statewide guidelines based on both parents' incomes, and it can be changed only by a court order. It generally ends when a child turns 18 or finishes high school, and it cannot be avoided by quitting a job. Here are eight common myths, and what the law actually says.

Myth 1: Only one parent is responsible for supporting the child

Fact: Both parents have a legal duty to support their children. Kentucky and Tennessee both use an income shares approach: the guidelines estimate what the parents would spend on the child together, then divide that amount based on each parent's share of their combined income. Usually, the parent with less parenting time pays their share to the other parent.

Myth 2: Child support is a fixed amount that can never change

Fact: Support can be modified when circumstances change significantly:

  • Kentucky: a change that would produce at least a 15% difference in the support amount under the guidelines is presumed to be a material change.
  • Tennessee: a significant variance, generally a 15% difference between the current order and the guideline amount, supports a modification.

Common reasons include a job loss, a significant raise, a change in the parenting schedule, or new childcare or health insurance costs.

Myth 3: A handshake agreement to change support is binding

Fact: Only a court order changes child support. If parents informally agree to a lower amount, the original order still controls, and unpaid amounts can still be owed. Modifications are also generally not retroactive before the date a request is filed. If your circumstances change, file promptly.

Myth 4: Child support ends automatically at 18

Fact: Not always:

  • Kentucky: support generally continues past 18 while the child is still in high school, but not beyond the end of the school year in which the child turns 19.
  • Tennessee: support generally continues until the child graduates from high school, or until the child's class graduates, whichever is later.

In both states, support can continue longer for a child with a disability in some circumstances. Neither state requires parents to pay for college, but parents can agree to it in a settlement.

Myth 5: Child support only covers the basics

Fact: Guideline support is meant for the child's everyday needs, including food, housing, and clothing. On top of it, both states address:

  • Health insurance for the child
  • Uninsured medical expenses, typically shared between parents
  • Work-related childcare costs

Other expenses, such as activities or private school, are often handled by agreement.

Myth 6: You can lower your support by quitting your job

Fact: Courts in both states can impute income to a parent who is voluntarily unemployed or underemployed. That means calculating support based on what the parent could reasonably earn, considering their education, work history, and local job market. Failing to pay can lead to wage withholding, license suspension, contempt of court, and in serious cases criminal charges.

If you lose a job involuntarily, ask the court to modify support right away rather than simply paying less.

Myth 7: The receiving parent can spend support however they want

Fact: Child support is meant for the child's benefit, and it belongs to the child, not the parent who receives it. In practice, the receiving parent uses it for the household costs of raising the child, such as housing, food, and utilities, and generally does not have to itemize spending. If support is clearly not reaching the child, raise it with a lawyer.

Myth 8: No visitation means no child support, and no support means no visitation

Fact: Child support and parenting time are separate legal issues. A parent who does not see the child still owes support. And a parent cannot deny the other parent's court-ordered parenting time because support is unpaid. Each problem has its own legal remedy through the court.

How Wise & Associates can help

Wise & Associates handles child support cases in Kentucky from its Louisville office and in Tennessee through Wise Law in Nashville, including establishing, modifying, and enforcing support. Fees are staged flat fees, never hourly, with upfront fees from $1,500 to $5,000 depending on the case type and how much litigation is required. See how pricing works.

Consultations are free and by phone. Book a time, then call the office at your scheduled time.