Legal Question in Family Law in Kentucky

Pro Se/Many issues

2 dependents, One majority age,(1st yr /college &lives with me & I pay everything & one minor age. Order provides for each party to pay half of ''college expenses''.What can I do to get actual expenses? I can't find caselaw to support. Been before DRC, ruling for half of books and tuition only. College student must stay in school to keep medical insurance, non group plans are too $ in KY. Student also has chronic health issues. Also,self-employed ex is understating income to underpay support. How can I prove this? Is this understatement considered Contempt? Many typos in Order from DRC. Also, DRC previously recused from case, but heard last case -that I plan to appeal. (Just found recusal in file) Is this grounds to appeal Order? Also, opposing attorney composed Order. How can I prevent this, I always lose intransition between session and Order. Also, case heard 1st of yr.but ex's '99 & '00 income used for guidelines and many typos in Order. When I appeal, will case be before DRC or Circuit (because of recusal)?What can I do to avoid Domestic Relations Court & go to Circuit directly? Must file motions by 2/25. Any answers?


Asked on 2/20/02, 1:09 am

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

Re: Pro Se/Many issues

1. For self-employed persons, the most recent annual tax returns are used as a basis for determining a monthly "gross" income for child support purposes. 2. If the order says "one-half " of the clolege expense then that is what it means. Take your actual expense and present the bill for half. If no payment, go back to court by motion. 3. typos in the DRC report really doesn't matter unless it changes the meaning of the report. You can always request a clarification by motion. 3. DRC recommendations are final unless exceptions are filed to be heard by the circuit judge within 10 days of filing the order. You do not appeal from a DRC, you only raise objections that the circuit judge considers. The Circuit Judge is the one that signs the order. The DRC is only a fact finder and make recommendations to the Circuit Judge. You may take an appeal to the Court of Appeals from the judgment of the Circuit Judge. Always look at your local rules for specific guidance. You are costing yourself a great deal of time and money by not having counsel.

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Answered on 2/20/02, 8:41 am


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