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Asked 2/11/2012

Ky divorce

I am in the state of ky my divorce papers say I pay until 18 even tho the law is until graduation! Which 18 comes first do I continue to pay or not. It is not in my divorce papers? Do we go back to court to have it modified to make it legal? Or my ex just says its the law you have to pay do I?

 
 
 
 
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Answer 1/2 - Submitted 4/7/2012

My divorce papers said until 18, however, I had to pay until age 25 and only got it stopped after I approached the court with documentation of school activities, etc. and was then able to get my support stopped. The courts will not honor the divorce papers in most cases as they will feel that the person receiving the support is in need of it and will keep it going as long as they can. You may need to hire an attorney to help you with this. I am not an attorney, but like I said before, I have been through this already myself.

 
 

Answer 2/2 - Submitted 4/7/2012

Hi, Mybabies, and welcome to WebAnswers.

Under K.R.S. Section 403.213(3), child support continues until the child reaches the age of 18, UNLESS the child is still in high school. Child support in that case would continue through the school year that the child reaches the age of 19, and do so as an operation of law.

So, yes you will have to continue to pay child support while the child remains in high school to age 19, but it would continue through that school year the child turns 19. In other words, if the child turns 19 in January, child support would continue until either graduation or the end of the school year. The court order does not need to be changed; it is just no longer the law in Kentucky, and the law takes precedent.

Thank you for your question.

 
 
 
 
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