Legal Question in Family Law in Kentucky

Re: Temporary Child Support Order

First of all I, like everyone else, am going to tell you to consult an attorney. Secondly, this is something that is difficult to "research". Most of the law comes from a combination of court decisions and statutes and the basic information is what you learn in law school. (1) JURISDICTION: You say that your husband lives in Ky and you live in Ms. Did you move to MS on separation or did he move to Ky? You may be able to file in Ms since you have lived there ( I am assuming) for 1.5 years. You will have to check the relevant state statute on when you can file for divorce there. Also, the divorce statutes will set out certain requirements that have to be in the initiating complaint/petition. Since there are children, the interstate compact on child custody may apply if MS has adopted it. There are VERY SPECIFIC STEPS TO TAKE HERE and if you do not take them, it could cause problems with custody.

(2) PERSONAL SERVICE: State law will set out as to how you get your husband before the Court so that it can have jurisdiction over him or at least over the divorce and the question of custody and support.

(3) PROCEEDINGS: All states have a different procedure for handling divorces. Within the state, there may be different court rules and practices. The state statutes and rules of civil procedure govern here. The local court clerk can advise you on any local rules.

(4) COURT: Contrary to popular belief, the Court does not move your case along. It can just lay there for all it cares. If it lays there, (in a lot of states) for too long, it may be subject to dismissal. It is your case, so move it. This is called MOTION PRACTICE. Sort of like a club meeting in that you file a written motion for things that you want, like custody and child support. The rules of procedure govern how this is done but generally, you prepare the motion asking what you want then you send a notice as to where and when you want this to be heard by the court and you send a copy to the other side. You will need to know the court schedule for these things. Most local attorneys know this by heart. The court clerk can tell you.

(5) CUSTODY, SUPPORT AND DIVORCE: If your husband will not agree to specific things, ask for these things by motion and set a hearing for it. The Court will decide as to who shall have custody, the visitation rights and support. YOU HAVE TO ASK and you have to give the other side notice as to when and where. Also there are minimum time periods for notice.

I cannot tell you what you need to do specifically since I do not know a lot of facts. There is no "one size fits all" source here.

There are various agencies that provide help in civil cases. Go talk to an attorney. You may be surprised at the help you receive.

Re: Temporary Child Support Order

Mr Owen's response indicates it would be impractical for you to pursue the divorce on your own. I would add that it seems your husband may just be delaying to avoid child support which is what you need now. Contact the Miss. Department of Human Services Child Support Enforcement Division. They are required to seek child support for you and the cost is $25. They will forward the case to Kentucky for its Child Support Enforcement people to obtain a court order and garnish your husband's pay. However, it will take some time before you see any money from your husband through this process, and your Husband may find it easy to avoid the garnishments. Alternatively, contact your local legal services office for help in pursuing a divorce and support. You may qualify for their free legal services. Lastly, a private attorney may be willing to work on your case for free or a reduced rate.