Legal Question in Family Law in Kentucky
child support - court days away
I moved out of state. I paid no CS but paid travel and 1/2 medical expenses on a $7 hr job. I got a job making 30 per year, CS went to $400 per month and 1/2 med. and 1/2 travel expense. About a year ago, I gave birth to triplets extremely early. They have been on disability since birth and receive 40 hours of therapy a month plus various medical appts. I am unable to work at this time.
The court keeps continuing the case, requiring me to pay $25 per mo, but still accruing the $400. It's up for review again in which I can not attend, it's out of state, I don't have anyone to care for our kids and we just can't afford travel expenses. My lawyer says this will hurt me.
Several months ago, the company I had worked for closed down. $30k per year is not an option now even if I could work.
My lawyer informed me that if the other party knows we recieve disability payments for our children, that will hurt us.
My husband works. This is not his child. We are required to keep track of what we spend the disability on. Can they consider my husband's income and the disability income when calculating CS?
Can they continue to make me responsible for $400 per month? What should the new calculations be based upon? Thank
1 Answer from Attorneys
Re: child support - court days away
What the child support should be based on is your income from wages. In this case, where you have no wages, the court will "impute" you with income. Usually, this means looking at what you were earning and assuming you could be making the same amount if you just tried hard enough.
The disability income and your husband's wages should not be a factor. But, you will continue to have to pay child support based on your imputed income. This prevents parents from intentionally making less money so as to reduce child support.
It definitely would be best for you to show up for court. In fact, it would be good to bring the triplets in with you. That may convince the judge not to impute income to you, or to only impute income for part time employment.
If you do not challenge the 400 per month, then yes, you will continue to be responsible for the arrearage no matter what. So, while it may seem impossible, it would be worth every penny to show up in court and show the judge just what you are contending with.
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