Legal Question in Family Law in Kentucky

Ex not adhering to agreement

Per a legal agreement my ex-husband (who lives in Kentucky) is required to keep our son (who is 17 and lives with me in Texas) covered with dental insurance. He quit his job several months ago and, as a result, lost that coverage. Do I need an attorney in Kentucky to make him meet his obligations? (Our divorce and all subsequent custody agreements have been filed in Kentucky, but were signed and notarized in Texas)

Also, all phone calls to the non-custodial parent is to be at that parent's expense. However, my oldest son (who lives in Kentucky to go to school) calls his brother several times a week and it is always at our expense. How can I make his father assume some of that responsibility?


Asked on 6/11/99, 4:24 pm

1 Answer from Attorneys
Curtis J. Hamilton Neel Wilson & Clem

Re: Ex not adhering to agreement

You have two options here. You can contact an attorney in the city of your ex's residence to file a motion for contempt against him in Kentucky to enforce the court's order (your divorce decree, incorporating the separation agreement). The other option is to contact an attorney in Texas, petition the Texas court to transfer jurisdiction over the case to Texas under the Uniform Child Custody Jurisdiction Act (UCCJA), get an appropriate order in Texas, then petition the Kentucky court to enforce the Texas order. Either way, your legal expenses could be relatively high; be sure and assess the total benefit you will receive from the action against the attorneys fees you will incur to enforce the order.

Good luck.

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Answered on 6/29/99, 3:26 pm


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