Legal Question in Family Law in Kentucky

childsupport and visitaion

my ex moved to another city 120 miles away he is behind oncs 1000 and another 800 this month,. he wants me to drive the children to see him round trip 60 dollars gas. I told him wihtout cs i cant do that . i dont have the money for gas; now he filed contempt on me, can i on him for no support. if he send money i can get kids there


Asked on 10/27/08, 9:51 am

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: childsupport and visitaion

The following is for informational purposes and does not imply an attorney client relationship.

Judges typically frown on tying child support and time-sharing together. The law treats them as separate issues and most judges are trained to see them entirely separate concerns. So, if you are ordered to drive the children to see him, then it is best to comply with that order. IF you cannot afford the trip and IF that is due to no child support coming in, then you can say that you could not afford the gas. It would be UNwise, however, to say that you were refusing to take the kids because he wasn't paying if you could still afford the trip.

You can also file contempt over non-payment of child support and you can do it at the same time. Just be sure to keep them separate in your own mind. This is where a lawyer becomes valuable, because they are trained in how to present arguments clearly and concisely.

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Answered on 10/27/08, 11:00 am


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