Monthly Archives: December 2014

When does the obligation to pay child support stop?

Most people believe that the obligation to pay child support ends when a child turns 18.  While the age of majority is 18, child support does not always terminate just because a child turns 18.

Child support terminates when the order requiring the payment of the child support dictates payments must end. Kentucky Statutes state that unless there is a written agreement stating when child support will end or unless the termination is provided in a court order/divorce decree, child support will be terminated when the child turns 18 unless the child is a high school student.  If the child turns 18 while still in high school, the child support will continue until the end of the school year or until the child turns 19.

If a child is emancipated due to marriage instead of age, the child support obligation ends on the date emancipation. The obligation to pay back child support does not terminate.

The statute referenced above is as follows:

Unless otherwise agreed in writing or expressly provided in the decree, provisions for the support of a child shall be terminated by emancipation of the child unless the child is a high school student when he reaches the age of eighteen (18). In cases where the child becomes emancipated because of age, but not due to marriage, while still a high school student, the court-ordered support shall continue while the child is a high school student, but not beyond completion of the school year during which the child reaches the age of nineteen (19) years. Provisions for the support of the child shall not be terminated by the death of a parent obligated to support the child. If a parent obligated to pay support dies, the amount of support may be modified, revoked, or commuted to a lump-sum payment, to the extent just and appropriate in the circumstances. Emancipation of the child shall not terminate the obligation of child support arrearages that accrued while the child was an unemancipated minor.

A qualified marital and family law attorney can review a child support order to determine whether child support will automatically terminate upon certain circumstances. Such an attorney can also assist with an application for modification of support. Please contact the Ken Turner Law Firm if we can be of assistance to you.

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Divorce can be one of the most stressful events of a person’s life and the stress can have negative impacts on your life for years to come.   So why would anyone take on these challenges alone, without an attorney?

In a 2009 study conducted by sociologists Linda Waite and Mary Elizabeth Hughes of the University of Chicago, research showed that divorced or widowed individuals are 20 percent more likely than married people to have chronic health conditions, such as heart disease, diabetes, or cancer. In addition, they also showed 23 percent more mobility limitations, such as trouble climbing stairs or walking. The study, which examined the marital history and health indicators for 8,652 people between the ages of 51 and 61, focused on four categories: chronic health conditions, mobility, depressive symptoms and self-assessment. The results of the study support the contention that those who experience a divorce or the death of a spouse have long-term negative consequences related to their health.

With your health and happiness at risk, you need the support and guidance of a family law attorney.  Having someone on your side to assist you in making decisions and giving you sound advice, you can get through a divorce with the minimal amount of financial, physical, and emotional damage possible.  One of the biggest mistakes people make is trying to handle their divorce on their own because they percieve the pocess to be agreeable.  If you feel as though your divorce is going to be easy and simple, that is likely becuase you do not understand the complexities of the law and what you have at risk.

Not every divorce has to be contentious, and the best family law attorneys minimize contention and focus on resolving issues in your best interests.  That means, in order to make sound decisions, you must have a full understanding of your legal rights and responsibilities.  You do not have to waste all of your assets paying an attorney.  In fact, a good attorney can help you save money and stress in the long run.  Pick up the phone and call around.  Consult with several attorneys in your area.  Many offer free consultations.

Many times people come to my office with post divorce issues, with problems that have carried over from their divorce.  Whether it be financial or issues with children, there is almost always something that an unrepresented person missed, overlooked, or never thought of during their divorce.  It is more difficult, more costly, and sometimes impossible to fix mistakes made during a divorce by a someone representing themself.  You get one bite at the apple, do it right.

With so much stress in your life brought on by the ending of a marriage, you need a voice to help you make sound decisions.   Yes, you do need an attorney.

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