Legal Question in Family Law in Kentucky
Will there be child support?
Ive been divorced for 5 yrs.We had three kids,they are now 19,17,13.For 10 months after the 1st child's 18th b-day, child support remained the same cause he owed back child support&back medical payments.I have sole custody of the kids&no set visitation was in the divorce agreement.He could see the kids whenever simply by calling&asking.They only spent the night maybe 3 times in the whole 5 yrs.One day my 13 yr old went with his dad, called me to ask to spend the night, then called to ask if he could live with his dad.My ex's favorite comment to the kids was that I took all his money.I'm thinking that part of the reason he wants my son,is to have to pay less chlid support.He has promised my son things&has told him that I don't think he can make the decision of where to live.It's not that he can't,I just think there needs to be a schedule instead of him waking up 1 morning&say he is going to the other one's house.I would like to know if I should go to a lawyer to set up visitation or should I just wait to see if my ex does?Also,how will child support be decided-will he still have to give support for the 17 yr old?After graduation&if the 13yr old decides to live with his dad,will I have to pay him even though he makes twice whatI do
1 Answer from Attorneys
Re: Will there be child support?
The basic answer to your questions is: Yes. You will need to consult with an attorney. There are certain legal procedures to follow in a situation such as this and they are best dealt with by someone with experience doing so.
As far as child support is concerned, Kentucky law provides for child support guidelines to calculate the amount of child support a parent pays based on percentages of both parents' combined income. It could be that you would have to pay child support, but if your salary is, say, $1000 per month and his is $5000, then your percentage of the base support amount would be approximately 15-20% of that base amount.
Speak to your attorney about your son's desire to move in with his father. And speak to your attorney about your concerns regarding your ex's behavior toward you when he is around the kids. These are valid concerns and you should get legal advice before making any decisions or agreeing to anything.
Thank you.
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