Legal Question in Family Law in Kentucky

parent mess

My son is looking to legal advice about what he can do, but i wanted to check here and see what you think. HE is a college student ready to graduate, a girl he had been dating stopped taking her birth control and did not notify him of this. Now she is 6 months pregnant. He is awaiting the Childs birth to determine if it is his or not. Or if it is the child of two other gentlemen whom stepped up to ask. he avoids contact with her at this point because the arguments and threats from her family. she just quit her job and i understand child support is determined on how much each parent makes, what are his rights? What is he wants to give up his rights? Is she doing this so he has to pay more child support?


Asked on 1/18/04, 3:52 pm

2 Answers from Attorneys

William Stern William Stern, P.C.

Re: parent mess

Paternity testing will determine the issue of child support. If he is the father, he will pay support, unless he terminates his parental rights. That would require the permission of the mother. He would be able to have visitation with the child, etc., unless he terminates his rights. Bill Stern 248-353-9400

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Answered on 1/19/04, 7:11 am
Philip Owens Philip M. Owens, Attorney at Law

Re: parent mess

If he is the father, child cupport will be required. Kentucky Courts are reluctant to terminate parental rights unless there is an adoption in the picture. Support is based upon the combined gross parental income plus medical insurance (if not furnished) and child care (if the mother is working) which is then compared to a schedule. Rent, food, car payments, etc of the parent are not considered in determining the support. If a person can work and is not working, then an income may be imputed to them (at least minimum wage or maybe an average income for a profession). Mothers of very young children are not required to have an income and one will not be imputed to them. For example, if the mother is not working and your son is the father and making $1,000 per month before taxes, then the support, without anything else being added, would be $195.00 per month. If the mother also worked and grossed $1,000 then the total income would be $2,000 which would result in a base child support of $350 per month plus child care expenses. Since eash parent had 50% of the total income, your son would be responsible for 50% of the total support. In the latter case, 50% X $350 = 175.00. If there was child care, that would increase the combined total but again the 50% would apply. Without knowing the specifics of your situation, I would not be able to advise any action and you would need to consult a local attorney for specific advise that you could rely on. The information that I have given you is VERY general.

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Answered on 1/19/04, 8:26 am


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