Legal Question in Family Law in Kentucky
child support
my husand and i split up about one of many times about 13 years ago, and during that time I got pregnant. we got back together and i wanted to have an abortion because i had a one night stand with someone on a drunking night. my husband doesn't believe in abortion and said it didn't matter if it was his or not. i feel like its his son but not 100% sure. in 2002 he divorced me when i got addicted to drugs and got custody of the children 13,12, and 9. we were never split up except for the 30 days i went to rehab. it was a few years later when i found out we were divorced. i have now been sober for 6 years and recently we split up due to domestic violence. the court gave me custody of the children back and ordered him to pay child support. he is a supervisor at a water company and didn't want me to work, so i was a stay at home mom. he got the house and things because we were divorced when we bought it, so the kids and i had to move. now he wants a dna test on our son, because he doesn't want to pay child support. He says that he wants to see him, but should be financially responsible for him. Will a court allow him to do that. Let him have the joint custody with me but not make him be responsible financially for him.
1 Answer from Attorneys
Re: child support
This is an unsettled area of law and so definite answers are not going to be found. If he wants joint custody then he'll likely have to pay child support. He could deny paternity and seek to name the other guy (if a name is to be had), but it would be unlikely that he would then also have custody.
He is the legal father by virtue of being married at the time and not separated for more than ten months.
If you know the biological father, then you could also pursue child support from him, but then he would be aware of his child being in the world and may want contact.
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