Can my spouse fight me for custody if I ask for child support?

Child custody and child support are very sensitive issues that often cause feelings of hurt, frustration, and anger during a divorce action. One parent may try to take advantage of the other parent by threatening various actions. In some cases, a parent will threaten to seek custody if the other parent does not drop demands for child support. Fortunately, the laws regarding child support and child custody are well defined in the Kentucky family law statutes. Each issue is separate and the courts do not take a kind view toward parents who try to manipulate the situation for their own personal gain. The overriding consideration in custody and support decisions is the best interest of the child.

How is Child Support Determined in Kentucky?

Child support is calculated pursuant to the Child Support Guidelines contained in Kentucky Revised Statute 403.212. Under Kentucky child support laws, both parents have an obligation to financially support their child. This obligation does not terminate if the parents decide to separate or divorce. Therefore, lawmakers established Child Support Guidelines to calculate the financial obligation of each parent based on the parents’ income and specific expenses related to the child. This ensures that each parent is contributing fairly to the financial support of the child.

How is Custody Determined in Kentucky?

If parents are unable to agree on matters of custody, the court will intervene and decide custody issues. While judges do have some discretion in deciding custody issues based on the best interest of the child, lawmakers have outlined various factors that a judge must use when deciding custody issues. Those factors are enumerated in Kentucky Revised Statutes 403.270. Regardless of whether your spouse decides to fight for custody, the judge will use the same set of factors to decide custody issues.

Are You Being Threatened By Your

Ex-Spouse Regarding Custody?

The reality of the situation is that your ex-spouse can decide to contest custody at any point. It could happen at the beginning of the case, at some point during the case, or it could even happen after the final order has been entered. You never know when your ex-spouse may try to use the issue of custody against you in an attempt to gain the upper hand. However, if you are raising your child, you have the right to have financial support from your ex-spouse. Even more, your child deserves to have this financial support.

If your ex-spouse is threatening to contest custody if you seek child support, contact our office immediately. You should not and do not have to live with such threats. Our experienced family law attorneys will help you take steps to protect yourself and your child by demonstrating to the court what is truly in the best interest of your child with regard to both custody and support.

Contact an Experienced Radcliff and Elizabethtown Family Law Attorney

We’ve Helped Thousands of KY Families, we can help you!

The family law lawyers of Musselwhite Meinhart & Staples, PSC have over 50 years of combined legal experience. We assist clients with all areas of family law. We understand the sensitive nature of family court issues and provide compassionate support in addition to aggressive representation to our clients.

We represent clients throughout central Kentucky. Contact us at our Radcliff and Elizabethtown Office in Hardin County at (270) 351-6032 or toll-free at 1-800-754-HELP to schedule a free consultation with one of our attorneys. You may also contact our office through our convenient online contact form.