Q: How to structure a legally valid child support agreement deviating from Kentucky guidelines during divorce?
My spouse and I are currently separated, and we are filing for divorce in Kentucky. We have a child custody order from a Virginia court but do not want to include child support in the Kentucky divorce filing. We are both unemployed and actively job searching, and we wish to agree to deviate from Kentucky Child Support Guidelines. How should we structure our agreement to ensure it is legally valid? What language should we use to properly state that we have consulted the guidelines and mutually agree to deviate from them? Additionally, will the court accept our agreement without requiring a minimum child support amount given our current employment status?
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A:
To structure a legally valid child support agreement deviating from Kentucky’s guidelines, you and your spouse must clearly outline in writing that you both understand the guidelines and mutually agree to depart from them. It’s important to specify why you are deviating, such as your current unemployment status and your active job search. This agreement should be included as part of your divorce settlement or child custody agreement.
Use clear language that states: “Both parties acknowledge the Kentucky Child Support Guidelines and agree to deviate from them due to our current financial situation, including unemployment and ongoing job searches. We mutually agree that no child support payments will be made at this time, but will be revisited once both parties secure employment.” This will demonstrate to the court that you both understand the guidelines and the reasons for your decision.
The court may accept this agreement, but it is important to note that if the court feels the child’s best interests are not being met, they may require a minimum child support amount, even if it is not immediately payable. You should consult with a family law attorney to ensure the agreement meets all legal standards and is likely to be accepted by the court.
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