Legal Question in Family Law in Kentucky

Child Support

Do I have to pay for my son to attend collede at age 19. There are no special needs or requirements for this child and it was not agreed upon in our divorce/support order?


Asked on 2/15/09, 2:13 am

1 Answer from Attorneys

Thomas McAdam Thomas A. McAdam, III, Attorney

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.

Generally speaking, Kentucky law requires termination of a parent's support obligation when the child reaches age 18, or, if still in high school, until graduation; but in no event beyond the child's 19th birthday. Support is also terminated when the child is emancipated by marriage prior to turning 18.

An adult child with special needs may requite support for an extended period of time.

Ordinarily, a court cannot order a parent to pay for a child's college education. An exception would be if an agreement to pay for tuition was included in the divorce settlement agreement.

From what you have indicated, you are under no legal obligation to pay for your son to attend college. Of course, you are not legally prevented from doing so either. The choice is yours.

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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Answered on 2/15/09, 6:46 pm


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