Kentucky Bankruptcy Law

Counsel with Care

Some basic child support information

I recieve more questions about child support than almost any other topic so I thought I would condense the information down regarding a few recurring themes. First, the very best legal advise I have regarding child support is this: pay it. And if there is some situation truly beyond your control that prevents full payment, pay some of it and let the child support office or court know what is going on. You can, and many people do, go to jail over non-payment of child support.

Second, do not equate child support and visitation. If you are denied access to your child for visits, you still MUST pay child support. Conversely, if you are owed child support, do NOT withhold contact between the other parent and your child as a means to get even or force payment. The damage done to the child cannot be outweighed by the unpaid support. Child support and visitation are two separate issues that courts are usually very careful to consider indepenently. The statute for restricting visitation allows for time sharing to only be curtailed if the visits seriously endanger the wellbeing of the child; it does not allow for restricting visits over non-payment.

Third, once a child support payment has accrued (become due), nothing will erase it. Even if your parental rights are terminated, voluntarily or involuntarily, the already accrued child support will continue to have to be paid. The termination only stops new payments from coming due.

Fourth, and this is an important thing to know about child support – PAY IT! (I know, this was actually #1, but it bears repeating). Do not waste time fuming about how you think the other parent is using it to go out and party. You helped bring this child into the world and child support is a basic responsibility. You cannot control exactly what that money is spent on, but you can be sure that without the child support, your child would be going through life with less of the things they need to thrive.


March 28, 2007 - Posted by | Uncategorized

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