Legal Question in Family Law in Kentucky

Child support

My husband divorced his 1st.wife in 1980.He paid child support,along with medical expenses,schooling.etc.His ex-wife,now deceased filed a judgement against him in 1992.She asked him not to pay any more child support because she was making too much money as the head of Nursing home.She needed the tax deduction.Nothing was put in writing.She later came back saying that he owed back-support for their youngest daughter.This was for approx.1 yr. My husband did NOT receive a notice from the court to appear.Therefore,the judge ruled in her behalf.We have had this hanging over us for many years.It has ruined our credit,not to mention what it has done to our children.Is there someway it can be removed? We can't refinance,get a home equity loan,a credit card,or pay for our children's education.Not to mention,if something were to happen to my husband or myself his children from his first marriage would get everything.His children (3) from his first marriage have never spoken to him since the divorce.They are 36,35, & 34 yrs. of age.I would appreciate anything you could do to help with this matter.


Asked on 7/21/05, 12:49 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Child support

You need to consult a local attorney to review the court record and advise you after he is able to "flesh-out" certain facts that are important with respect to time limitations, etc.. That being said, oral agreements do not count when dealing with a court order. Also, if you received a notice from her that she was going back to court, that was enough. The Court will not send its own notice. As I said, you need to have an attorney review the record and consult with you in his office. Whatever it costs, and the preliminary inquiry will not be very expensive if any, it will be cheaper than what you are going through. The only way in most cases to have a change in the support is by COURT ORDER and not be oral agreement between the parties. A lot of folks out there have learned this the hard way.

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Answered on 7/21/05, 3:56 pm


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