Mr. McIntosh, a self-employed tattoo artist, provided his tax returns for the years 2020, 2021, and 2022. Miss Hudson argues that he should be paying more in child support based on Bureau of Labor Statistics information, which suggests a median income of $52,910 per year for his profession. In contrast, Mr. McIntosh reported a gross annual income of $20,800 for 2023. The state proposes using a percentage of 22.5 to calculate child support, considering the two children in question and one outside of the court. Additionally, the state requests testimony on the need for nondisclosure in the case and the use of apps related to the children, especially concerning matters of reimbursement or notification. The court asks Mr. McIntosh to provide information on the average, low, and high-end earnings of tattoo artists in Kentucky.
The judge expresses concern about Mr. McIntosh’s reported income being significantly lower than the average for his profession. He indicates that the court may use one of the average income figures provided by the Bureau of Labor Statistics to calculate child support if it appears that Mr. McIntosh is underemployed or not earning close to the median for his profession. The judge stresses the importance of accurately determining Mr. McIntosh’s income for child support purposes.
The Judge has experience working with tattoo artists and believes that it is an underreported profession. Ashley Layla Don Hudson is the mother of Skyler Mcintosh and Isabella Mcintosh, whose father is Kyle Mcintosh. She confirms hearing the opening statement in court and agrees with the description of their positions. Kyle Mcintosh was oMOmrdered to pay child and medical support in a negotiation conducted in 2015. Ashley received state Medicaid and confirmed that Kyle paid the required amount towards that as well. The current child support amount for both children is $383.Miss Hudson confirmed that Mr. McIntosh was paid ahead $56 as of April 22nd, 2024 and discussed the process of modifying child support payments. She mentioned that Mr. McIntosh is a tattoo artist and that he charges varying prices for his services. She also acknowledged that Mr. McIntosh has one other child and that Kentucky has a state income tax. Miss Hudson stated that she was not aware of Mr. McIntosh’s actual earnings and expressed no safety concerns about her address appearing in court documents.
She mentioned using an app for phone messaging to communicate with Mr. McIntosh and stated that her children have access to her phone. Miss Hudson indicated that she does not have an account with the recommended electronic parenting application but agreed that it sounded like a good idea.
Kyle Mcintosh, is the father of two children aged 14 and 16. He resides in Kentucky and has lived there for most of his life. He provided tax returns for the state of Kentucky for the years 2021-2023, indicating a state tax rate of about 6%. Despite being a tattoo artist, he only works part-time and does not have any other sources of income. His fiance helps with bills, and they own a home. Mr. Mcintosh spends time with his family when not working at the tattoo parlor, where multiple artists work. He also sends money to his daughters directly when they need it. While his income may not be as high as that of his colleagues, Mr. Mcintosh believes he is paid ahead in child support payments. He expressed uncertainty about visitation with the children and the comparison between his income and government statistics.
The court emphasizes the importance of following the existing order and filing for modifications if necessary. Additionally, there is a mention of potential family violence allegations and the use of a communication app for correspondence. Ultimately, the court considers the cost of living adjustments over the past eight years and calculates the child support amount based on the median and mean annual wages.
Suit for modification and motion to confirm arrears
Voluntarily Under Employed or Unemployed
If a court determines that a parent is voluntarily earning less to support their children, the court can impute or assign additional income to that parent thereby increasing the child support obligation
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