How is child support determined or how can it be changed if the parent who is paying the support has a job that pays salary plus comission and comission varies from year to year?

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How is child support determined or how can it be changed if the parent who is paying the support has a job that pays salary plus comission and comission varies from year to year?

Asked on November 29, 2012 under Family Law, Kentucky

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally, child support is set by income of the non-custodial parent.  Kentucky has standardized guidelines that apply percentages applicable to the number of children ordered to support.... and most child support orders use these standardized guidelines.  However, if a child has special needs, the court can deviate from these guidelines and order an amount higher than the guidelines.  This is not a set formula, but, instead, is set by what is in the best interest of the child.

When setting the amount of child support, the court will look to the non-custodial parent's entire income.  Income includes base salary plus any bonuses or commissions.  Courts like to review tax returns and W-2's to see what a parent's actual report income was for a given year (not just the month before).  The court will set child support based on the annual income of the spouse at the time the order.  If their income increases later, then you would have to file a motion to modify the child support obligation in any subsequent years.  


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