Legal Question in Family Law in Kentucky

paying back child support

my ex girlfriend had my baby 5 years ago. child support division ordered a paternity test, and i complied and took my part of the test in december,1995.she never showed up for her part, and now 5 years later child support division ordered another paternity test which i took july, 2000 and i have received the results, and i am the father.now child support division says i owe 5 years back support plus any government help she may have received on said child.my question is , why am i held responsible for her neglecting or refusing her part of the court ordered test? i did my part 5 years ago.


Asked on 7/18/00, 10:06 pm

1 Answer from Attorneys
Brian Halloran Brooking and Halloran, PLLC

Re: paying back child support

Technically, you just got a 5 year interest free loan of the money you would have otherwise been paying in child support. Try making the argument that she failed to comply with the court ordered test in 1995 and argue that it would be unfair for the court to now order 5 years of arrearage. If that fails, provide as much information on your income for the last 5 years, and see if you can get the child support set lower. Typically, peoples income rises and i suspect you made less in 1995 than you did in 1999 or 2000. Force them to use the 1995 income as the child support basis. Good Luck.

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Answered on 9/21/00, 4:53 pm


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