Legal Question in Family Law in Kentucky
Paying child support to mother when she only has 1 child and you have the other.
Is the father responsible for paying child support to mother for 2 children when she only has 1 and he has 1? He is responsible for all medical bills and clothing for the child he has plus he still has to keep sending her child support for 2 children that she doesn't even have. A attorney told us that he needed to keep paying it because she won't work and it looks good on him and if it goes back to court the judge will raise it. We have tried to get something done with it and Tenneessee has said that it is Kentucky case since the mother and 1 child still lives there and Kentucky says it is Tenneessee case since the father and the child has been in Tn for 19 months. So who really knows who's case it is? I think the are just pulling our chain.Please help This is tough on everyone involved especially the child due to the mother not having alot to do with the child since she gave him to his father. She has got the chils on her weekends 8 times in 19 months. No christmas and birhtday gifts no phone calls no nothing.Father has now got a large dentist bill that the legal gaurdanship papers say that mother does not have to help with that father is totally responsible for. We need answers from someone that knows the law.
2 Answers from Attorneys
Re: Paying child support to mother when she only has 1 child and you have the ot
You did not write your question in a way that a lawyer can answer it. 1. Did the court issuing child support reside in KY? If so, you will have to fight the case in KY.
2. Are the two children both related to the father and mother, or did the father have a second child from another marriage?
3. If the two children have the same biological parents, then there is no excuse for a court awarding child support payments due from the father if he has one child and the mother has the other. In essence, their two child support obligations would cancel each other -- if this were a TN case.
Re: Paying child support to mother when she only has 1 child and you have the ot
You have not provided enough infomation for an informed response. Assuming Dad is paying based on a Kentucky order, I think he is going to have to go back there to deal with this if mom and one child still live there. I do not know KY law, but it seems reasonable for her to pay him child support and him to pay her child support with each paying based upon his or her income. I doubt, but cannot guarantee, that the court will allow her to pay zero simply because she chooses not to work unless she has a disability. On problem he has is that he is probably going to have to get legal custody first, and then ask for child support. I think both are going to have to be prepared to answer the question of how it is in the children's best interest to be separated andlive in two different states. Good luck.
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