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Kentucky Child Support Questions & Answers
1 Answer | Asked in Child Support for Kentucky on
Q: If a custodial parent waives back child support arrears can they later add them back to what the other parent owes
Timothy Denison
Timothy Denison
answered on Jun 29, 2022

The custodial parent theoretically has no right to waive support owed to the minor and the prevailing thought is no. However, if that agreement to waive is reached snd not challenged, it might stand up for other reasons.

2 Answers | Asked in Divorce, Family Law and Child Support for Kentucky on
Q: If my Ex get's remarried can I file a child support adjustment with 50/50 joint custody?

I've been divorced for a year and we have 50/50 joint custody my ex spouse remarried a few months after, Am I able to file a child support adjustment? In addition she was able to claim 0 income based on we have a child under the age of 3 that child will be turning 3 in a few weeks is that also... View More

Anna Aleksander
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Anna Aleksander
answered on Jun 8, 2022

The fact that she got married will not make a difference In Kentucky. It is the income of the mother that matters. If the child is over three and she is still not working you may be able to file to modify.

You should know Kentucky now has new laws for child support in a 50/50 time sharing...
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1 Answer | Asked in Child Support for Kentucky on
Q: Daughter turned 18 and I am owed back child support will they collect at same rate or only arrears portion.
Timothy Denison
Timothy Denison
answered on Jun 3, 2022

At the same rate unless your ex challenges it. Then you’ll have to go back to court and judge will determine. Keep a low profile and you may just keep collecting it at the current pay rate.

1 Answer | Asked in Immigration Law, Divorce, Family Law and Child Support for Kentucky on
Q: I need find a lawyer agist him that fraud marriage
Timothy Denison
Timothy Denison
answered on May 4, 2022

Contact your local bar association or your local legal aid society. They maintain lists of lawyers who can help you.

1 Answer | Asked in Child Support for Kentucky on
Q: My ex suddenly wants child support for our two kids, 14 & 15.

I also have a 4 yr old from another relationship that I pay support for. Will this new child support case affect the amount I'm currently paying for my younger child?

Timothy Denison
Timothy Denison
answered on Apr 28, 2022

No.

1 Answer | Asked in Family Law, Tax Law and Child Support for Kentucky on
Q: I pay arrears on cs . my case was sent to the irs. can i get the offset stopped via undue hardship & if so how? Thanks

I was ordered to pay cs for 6 yrs on my two kids. 2 seperate cases. i have done 180 days x2, plus got 2 seperate felonies. one for 2 yrs and one for 1 yr. I am primary custodian again and have them back in my home fulltime. My aunt who had them is no longer in the picture and drew a kinship check.... View More

Timothy Denison
Timothy Denison
answered on Apr 26, 2022

You can seek a hardship exemption by filing g an application with the IRS.

1 Answer | Asked in Divorce, Family Law, Child Support and Federal Crimes for Kentucky on
Q: What does a judge mean by “read the riot act” to a person on pre trail diversion?

My ex wife is on pre trial diversion for child support. I never receive hardly anything (maybe 20 a month), when she’s ordered to pay $500. She had court and I was told the judge “read the riot act” to her. What does this mean?

Timothy Denison
Timothy Denison
answered on Apr 24, 2022

That is slang for the judge told her he was going to send her to prison if she didn’t make the most of the pretrial diversion opportunity or if she committed any new crimes. It’s a stern waning not to screw up.

1 Answer | Asked in Child Support and Family Law for Kentucky on
Q: If deceased parents house is sold to one of the children does that child still get their cut of proceeds
Timothy Denison
Timothy Denison
answered on Apr 18, 2022

Yes. The purchase price should be reduced by the value of the purchasers share to avoid double dipping.

1 Answer | Asked in Child Support and Bankruptcy for Kentucky on
Q: Can a creditor garnish my wages if my child support payments are withheld from my paychecks?
Timothy Denison
Timothy Denison
answered on Apr 11, 2022

Yes, but the amount depends on your total earnings

1 Answer | Asked in Child Support and Divorce for Kentucky on
Q: Yes I have a question about renegotiating a divorce settlement.

When we divorced we agreed to joint custody and every other year we would take turns claiming g the federal tax credit for the child. Myex is now wanting to renegotiate child support. Which I don't pay because we have joint custody and she agreed to let me know about his expenses as they... View More

Timothy Denison
Timothy Denison
answered on Apr 7, 2022

No. It is not possible to renegotiate alimony or maintenance. However, you could make a motion for 50/50 p arenting time with the child and to modify child support since under the new guidelines she could be paying you support.

1 Answer | Asked in Family Law and Child Support for Kentucky on
Q: I'm wanting to know what to do about receiving my back child support.

My ex husband was court ordered to pay child support on our two children. I found out that he's finally going to pay it because that's the only way he can get off of probation. I'm guessing it would come to me because I have never received any type of assistance. I just don't... View More

Timothy Denison
Timothy Denison
answered on Apr 4, 2022

You probably should have a family law attorney review the case and advise you how to proceed with collection.

1 Answer | Asked in Family Law, Child Custody and Child Support for Kentucky on
Q: How does the new child support laws enacted on March 1st in Kentucky affect me?

We have shared custody of our 4 children. My ex wife does not work, has remarried, and is pregnant. My gross income is $2500 bi-weekly and I pay $250 for the children's insurance also bi-weekly.

Timothy Denison
Timothy Denison
answered on Mar 31, 2022

You will need to recalculate child support with current income info ( informally at first) to see what the new amount is. It is a rather complex calculation so I’d review it carefully with a lawyer.

2 Answers | Asked in Child Support for Kentucky on
Q: Should I be getting any child support?

I have a son that is now 19. I raised him all on my own. I have tried to get child support through out the years. Havent gotten any money. Even though my son is over the age of 18 now, am I entitled to receive any of the back child support? Does it no longer matter now that he is over 18?

Timothy Denison
Timothy Denison
answered on Feb 24, 2022

No. If the child is 19, the statute of limitations has already run.

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1 Answer | Asked in Child Support for Kentucky on
Q: If no child support is agreed in the divorce, can I file for it after it’s finalized?

I was forced to agree to no child support, as I cannot afford an attorney to fight him in court. Would I still be able to file for it after it’s been finalized?

Timothy Denison
Timothy Denison
answered on Feb 17, 2022

Yes, if there’s a material change in circumstances or income. Child support is always modifiable.

1 Answer | Asked in Child Support for Kentucky on
Q: There is a wage garnishment assigned. How do I keep him from getting my taxes for arrears instead of her

Do I need to request at child support office?

Timothy Denison
Timothy Denison
answered on Feb 8, 2022

Yes. You may also need to file an injured spouse return.

1 Answer | Asked in Child Support for Kentucky on
Q: Is there a way to make sure my daughter gets CS I send in instead of her dad if she no longer lives with him

She was kicked out a couple years ago and is now 20, but has been living on her own ever since

Timothy Denison
Timothy Denison
answered on Feb 7, 2022

You can send the payments directly to your daughter.

1 Answer | Asked in Divorce and Child Support for Kentucky on
Q: I am a 51 year old woman with a 15 year old son with Aspergers. I have been a stay at home mom for 15 years.

I am on disibility. Today I went to KY legal aide in my area to get a retainer to file for divorce from my husband of 21 years. We were both miserable in the marriage and he moved out 6 months ago. He makes 70,000 a year. I was told today that I shouldn’t even bother filing for... View More

Timothy Denison
Timothy Denison
answered on Feb 2, 2022

That does not sound accurate. You might want to check with a private lawyer before you accept that.

1 Answer | Asked in Family Law and Child Support for Kentucky on
Q: If my child’s mother and I both agree that we want 50/50 and no child support. Can we not pay anything?

Child support office is stating we have to pay. But we do not wish for either to pay anything.

Timothy Denison
Timothy Denison
answered on Jan 31, 2022

Yes. If you agree to no child support, no support has to be paid.

1 Answer | Asked in Child Support for Kentucky on
Q: Can I sue child support enforcement officials for dereliction of duties ? Resulting in financial loss and unnecessary

Arrearages. Resulting in lost wages and the unnecessary monthly revenue lost by reviews. Witch could have been avoided if the county attorneys office had simply filed paper work 6 years prior ,to my case and not allowed alleged arrears to build over 6 year period . As a result I lost on average 8... View More

Timothy Denison
Timothy Denison
answered on Jan 10, 2022

No. The state has sovereign immunity.

1 Answer | Asked in Child Support for Kentucky on
Q: I got behind on child support because I was in jail and also missed the court date for it because I didn't know about it

If I pay the child support office as much as I can to show I'm trying to get caught up, will I still go to jail for being in contempt of court? And if I can somehow pay the whole amount I'm behind could I still go to jail for missing court?

Timothy Denison
Timothy Denison
answered on Oct 16, 2021

Get your documentation of incarceration together to show the judge on your court date. Pay as much as you can on the arrearage prior to the court date and you probably will not be incarcerated.

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