Legal Question in Family Law in Kentucky
Child support and ssi
My husband is on a military pension and ssi. He has been paying 344.00 a month child support for 16 yrs. His son also gets 460.00 a month from social security. His son is turning 18 on December 1st 2007. His ex is asking for an extension on child support and also an increase. My question is should he have been paying along with social security, or do you normally have to do both?
1 Answer from Attorneys
Re: Child support and ssi
First of all, modifying child support is never retroactive, so it is pretty much futile to wonder if he should have been paying. If he only recieved SSI, then the answer would be that he would not pay child support. Here, he had other income, so he probably should have been paying.
The child support is driven by the guidelines, so unless his income has increase or hers decreased, and the change would cause the child support to go up or down 15%, then child support would remain the same.
As for an extension, then depends on how the original order was worded. Statute allows for child support to extend until graduating from High School or age 19, IF enrolled in H.S., whichever comes first.
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