Legal Question in Family Law in Kentucky

Re: child support

Your question is can they LEGALLY do this and the answer is "yes, they can." You can also legally challenge their determination and offer proof of a permanent and involuntary change in your circumstances. If you truly cannot continue to make the same income as before, then the child support should be modified, but you cannot rely on the prosecutor to do this - the judge will have to decide the issue.

Re: child support

It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case. Several questions are presented:

1. Were you represented by an attorney when the child support order was set by the court?

2. Were you advised of your right to appeal the child support order?

A Kentucky judge can "impute" income to you, based upon your previous earnings, if he finds evidence that you are "voluntarily" unemployed or underemployed. If you are unemployed due to a disability, the judge is required to take your diminished earning capacity into consideration when setting the amount of child support.

DO NOT TRY TO REPRESENT YOURSELF IN A CONTESTED DIVORCE OR SUPPORT PROCEEDING.

You should not take any action, based upon my advice, without consulting an attorney and explaining all the facts to him. You are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

Good luck!

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