Legal Question in Family Law in Kentucky

non custodial cant pay child support due to financial hardship

I have drawn my last unemployment check no benefits are left i have also been trying to get disability thru lawyer due to a severe panic disorder/depression but have not gone before the disability judge yet. I have remarried and my children see me as much as their biological mother due to joint custody. i'm still paying her support but no longer can I was employed at my steady job for 12 years and now have no money coming in. My wife works full time and we are trying to make our bills work with just her check. it has created a deep depression and panic attacks that occur more frequently haven't any money or insurance to see a doctor, the current child support/arrears are getting out of hand meaning i cant afford child support/arrears and pay my bills. I need to be able to see my two girls. When the girls are living with me at least two to three days per week they have to take showers, drove to school every morning, they have to eat which means more groceries are bought; utilities, I love my children very much and if anybody is stable it would be me. Now i am struggling I need to know what can be done to stop c/s or ? My children love me but will not make a decision to stay with me f/t due to mom get hurt feelings.

Asked on 7/18/09, 7:36 pm

1 Answer from Attorneys

William Nesmith Dunlap & Nesmith, LLC
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Re: non custodial cant pay child support due to financial hardship

If you are receiving no money and cannot work, you need to modify your child support, or at least get some kind of order from the court acknowledging that you are accruing arrears which will be cured when you get back to work or begin drawing disability. If you can't afford an attorney, to to Legal Aid right away. If your child support arrears get too high, it is potentially a criminal case, so don't wait for the other shoe to drop. Go to Legal Aid now.

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7/18/09, 10:42 pm

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