Legal Question in Family Law in Kentucky

Recently, my stepson, who will be 18 on 11/2010, decided to attending a special program offered in Indiana where he lives with his dad & I - Hoosier Youth Challenge Academy. The academy is for children boys & girls that assists them with their issues in schooling providing them with one on one assistance to bring them up to the level they need to be and receiving their GED instead of dropping out of school. My son's real mother did not get him the correct assistance while in the 2nd grade for his CAD which has made learning a more difficult situation to push the school system to give him adequate help in Floyd County especially since his mother allowed him to fail the 7th grade them called his father for help. When we got my son, we started him off in the 8th grade however when we received the paperwork he had failed the 7th and we had to set him back. He did well in middle school because the teachers worked with him per our request; however, it was much hard in high school to pursue assistance. This is why my son chose to go to this academy because it offered in more to pursue his future of accomplishments. After he started @ the academy, his real mother filed a motion to stop is child support because she stated that he was no longer in our custody; however, we have hometown visitation, we pay for gas to go see him, we had to provide alot of material items to get him in the school, and we still have to provide his insurance and any other help/assistance for him outside what the school system provides. She works currently for the Fayette Co, Ky child support attorneys and has there assistance in the matter by using the Friends of the Court Attorneys and they have stop my child support. What can I provide the court to represent my son that he should keep his child support until he completes his school so that I can give him those monies once he graduates? Thank you for any assistance. And yes, I live in Indiana and his mother lives in Kentucky and the court it started in was Jefferson County and she works for Fayette County. Fayette County wants to keep the Motion.


Asked on 8/12/10, 8:04 am

1 Answer from Attorneys
Andrea Welker Welker Law Office

The program essentially sounds like a boarding school, which should not have any effect on child support. It sounds like the support should run through this school year, he's not even 18 yet. If the court has already terminated child support then you need a verified motion to reconsider, and provide the court with salary info, and program information about the school that he is still in high school and under your care. If you didn't respond to Mom's motion or appear at the motion hour, the court would have granted her motion and terminated child support with no evidence in the record to the contrary. Friend of the Court is a neutral service that provides forms for pro se actions, but maybe you want to lawyer up. Try the Central Kentucky Lawyer Referral Service to find an attorney and get a consultation.

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Answered on 8/21/10, 10:26 am


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