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Ask N Cal Attorney Your Own Question
N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9173
Experience:  since 1983
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After more than 3 years of living together does common law

Customer Question

after more than 3 years of living together does common law marrage affect child support
Submitted: 9 months ago.
Category: Family Law
Expert:  N Cal Attorney replied 9 months ago.
Thank you for your question. Kentucky does not recognize a common law marriage made in Kentucky but could have to recognize one made in a State that allows it. So the answer is No. The Kentucky child support guidelines are posted athttp://www.lrc.ky.gov/Statutes/statute.aspx?id=1456and you can calculate an estimate athttps://csws.chfs.ky.gov/csws/General/EstimateDisclaimer.aspx You can get a free consultation from some of the child support attorneys listed by location here. You can also apply through https://csws.chfs.ky.gov/csws/ instead of hiring an attorney. I hope this information is helpful.
Customer: replied 9 months ago.
even after looking over what is listed, the question of household income was NOT answered.
Expert:  N Cal Attorney replied 9 months ago.
You have to fill that information into the form. Did you ever tell people that you were married in any State other than Kentucky? It is theoretically possible to establish a common law marriage by signing into a hotel as "Mr. and Mrs." for one night in a state that does recognize common law marriages. As I meant to write before:Kentucky does not recognize a common law marriage made in Kentucky but would have to recognize one made in a State that allows it.
Customer: replied 9 months ago.
no we where never married and she has a household income that does not involve me
Expert:  N Cal Attorney replied 9 months ago.
If you want to use the calculator you will have to give your best estimate for questions you do not have exact information about. If you are being sued to establish a support order, you should at least consult a local attorney, even if you do not hire one to represent you in Court.
Expert:  N Cal Attorney replied 9 months ago.
I want to make sure I understood you correctly. Was your question whether a common law marriage to the other parent affects support, or was it whether a current marriage-like cohabitation situation affects your obligation to pay child support for a child from a previous relationship?
Customer: replied 9 months ago.
no, she has additional income in her home that is not being accouted for
Expert:  N Cal Attorney replied 9 months ago.
OK. Is there a court case pending?
Customer: replied 9 months ago.
not at the moment, we have gone to court more than once, and I was the one doing it. does the household income accout for it especially since she does not work
Customer: replied 9 months ago.
she is in a home with another income that isn't hers and she says she needs it to keep an even cost of living, when she is in a house and a boat and new cars and I am in an apartment, is that even?
Expert:  N Cal Attorney replied 9 months ago.
Yes, her household income is definitely relevant to her need for child support. Gross income is defined broadly, and generally includes income from all sources, including wages and social security benefits. It also includes the income a parent should be earning if the court finds that he is underemployed. If the case is reopened you can send interrogatories to determine her total household income.
Customer: replied 9 months ago.
so that includes income from who she is with, married or not but living together. and she is in a better living situation, and my daughter and I don't have the same standards, and I still have to pay her.
Customer: replied 9 months ago.
it used to be her father now it is who she is with
Customer: replied 9 months ago.
give me an answer
Expert:  N Cal Attorney replied 9 months ago.
If she is not working or underemployed because she is being supported by someone else, the Court will deem her to have imputed income. Guideline 2(a): "Income" means actual gross income of the parent if employed to full capacity or potential income if unemployed or underemployed.

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