Legal Question in Family Law in Kentucky

Child Support / Private School

I have been divorced for 12 yrs now from the state of MD. Both my ex and I have remarried. I live in KY and my ex in VA. We have 2 sons (15 and 17). The 15 yr old has been diagnosed with ADD/ADHD and due to some actions on his part ended up in the local Psych facility. They (Psych facility) now feel he needs more structure and she intends on enrolling him into the local military academy at the tune of $26,000 a year, for the next 3 yrs. I know that she will be proposing a split of this amount but I cannot even come close to paying for that along with child support for both boys. Can I be forced into this financial burdon?


Asked on 5/25/07, 1:13 pm

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

Re: Child Support / Private School

First, there is an issue that you may not have realized - what court will make the decision? Since no one lives in MD anymore, it would probably be where the children live depending upon the specifics of your situation.

In Kentucky, it would really depend on how the judge viewed this: is this a medical expense, a luxury or necessity, etcetera. There are arguments on both sides. It would also depend upon what the divorce decree says about medical expenses - whether out of pocket is split or not.

Because it is unclear whether this would be a "medical expense" or even necessary (unless the decree specifies what to do in such a circumstance - which is unlikely), it is most likely safe to not pay the extra amount and let your ex pursue the matter in court.

If she does file in court, you really should get a lawyer who also knows about jurisdictional issues.

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Answered on 5/25/07, 4:12 pm


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