Legal Question in Family Law in Kentucky

I was divorced 15 years ago from my son's father. At the time, the divorce was uncontested and we legally have joint custody. I have remarried and over the last 15 years have paid for 95% of the expenses involved with raising my child. From insurance, food, medical expenses, school tuition as well as extra activity expenses. He has lived with me 95% of this time as well. Can I take my son's father to court to be reimbursed in any way? I am tired of paying for everything and simply can't afford this any longer. I don't make the money I used to.


Asked on 4/01/12, 12:53 pm

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

So long as your son is still under 18 or 19 and still in High School, you can file a motion for child support. Joint custody has nothing to do with child support. However, you cannot go backwards with your request. In other words, you can only collect child support from the date you file the motion forward so that every day you delay is another day of no support.

If there was already a child support order and he just did not pay, then you can seek collection of the arrears. Also, if there was no specific order pertaining to medical expenses, then you may be able to go back and collect a certain percentage of old medical expenses, but that will be a bit tougher.

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Answered on 4/02/12, 6:44 am


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