Legal Question in Family Law in Kentucky

cs and visitation

I received my answer to a question about the ex moving 160 miles round trip and he is not sending weekly child support as ordered. I was not ordered to travel out of the city tosend the kids. he moved out of the city after our mediation concerning i drive in town to drop them off.He moved and expected me to drive them that distance. so i dont have cs to get them there. what can i do since he has a court date finding me in contempt.


Asked on 10/27/08, 11:19 am

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: cs and visitation

This is for information only. No attorney client relationship is implied.

Based on the facts presented, there is no contempt. An agreed order to travel in the same town cannot automatically extend to travelling to another city.

You may have been served a "show cause" motion. This just means you need to show up at court and explain the situation. Bring a copy of the agreement and explain that he moved away. Without seeing exactly how the agreement was worded, then I cannot get more specific, but it would be incredibly unlikely that you would be found in contempt under the facts you presented.

If that date came and went and you were served properly, then you may have been found in contempt just because your side was not presented. In that case, you need to move the court to set aside its ruling.

These procedures and technicalities are why it is sometimes wise to invest in an attorney. They may cost in the short run, but often save in the long run.

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Answered on 10/27/08, 12:11 pm


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