Legal Question in Family Law in Kentucky

child support

I would like to know if I have the right to take my ex-husband to court or if I could handle this out of court. My ex-husband attorney sent me a letter last 04-2006 about some medicial bills. I arrived at the appt. time, I did not bring an attorney,because it was just about med. bills. I have been off work for a year due to having back 2 back surgeries from an accident, so I really could not afford one, but at the meeting they brought up child-support ,my daughter is to turn 18 in March, his attorny said the child-supprt would stop and ask me if that would be ok and I replied' I guess' but my daughter is still in High School and will graduate next year 2008. MY question is : Is my ex-husband by law suppose to keep paying child-support until my daughter graduates,even though that I agreed that it was to stop in March of this year and that I did not have anyone to help me, such as an attorny to help with legal questions they were throwing at me, because all it was to be about was med. bills. Thanks


Asked on 3/02/07, 3:35 pm

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

Re: child support

I am very much hoping you did not sign anything that allowed for stopping child support! Child support is supposed to continue until the child graduates high school, but not beyond completion of the school year where the child turns 19.

So, sounds like you have two more years of child support coming to you and his lawyer was pulling a fast one on you!

If you signed something, you need to get a lawyer to get it set aside - and quickly! If you did not sign anything, be sure to communicate to that attorney that you are not waiving your statutory right to child support. I would do this in a letter. The letter needs to only say that you are writing to clarify the discussion from (date) and that you are not waiving your statutory right to child support under KRS 403.213(3). I would not add any other statements. Keep a copy of the letter in case the child support stops. Date, sign and mail the letter certified, return receipt to be extra safe.

Then, if child support does stop, get a lawyer or file a motion to enforce child support.

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Answered on 3/03/07, 12:38 pm


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