Legal Question in Family Law in Kentucky

overdue child support

My wife recently dropped my child support case but when her now boyfriend lost his job and they couldn't afford their drugs, they reopened the case. Is this possible? And another thing,the child support office says that I owe almost 2500.00 dollars in back child support, but I had kept the kid most of the time. I heard that if I could prove that I kept the kid then I could get this dropped. Is this true? If not how could I go about getting that taken care of because I don't think i should pay it where I kept the kid and another thing is they are just gonna spend it on drugs, but when I told child support and the judge, they said she could spend it on whatever she wants. wouldn't that be spouse support instead of child support.


Asked on 1/15/04, 4:32 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: overdue child support

First-you owe the support until the court says otherwise. You need to bring the matter up in your divorce case ( I am assuming that she has custody out of a divorce judgment) to modify the support and/or change custody. At the same time, you can ask that the arrearage be modified to account for the time that you kept the child. Sometimes this is impossible to prove. Until the COURT changes its order, pay the support despite what your ex-wife says. While your ex-wife and her boyfriend may be on drugs, you will have to prove it by evidence. Your suspicion does not count. Do they have drug convictions or arrests or pending cases?? This is an area where you need to contact local counsel to advise you on the attitude of the local courts, etc and lead you through the technical aspects of the case.

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Answered on 1/15/04, 4:51 pm


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