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Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My son has a 8yr old daughter (mom refused marriage) in KY

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My son has a 8yr old daughter (mom refused marriage) in KY he lives in AZ, he had 3 successful brain surgeries 4yrs ago to stop seizures. He has been in full time college(4.0GPA) & is a 1.5yrs away from graduating. In Feb stopped paying support & received a notice from KY. Is there recourse to hold off on pymts until graduating, he cant work & do well in school. The mother is pregnant again w/another mans baby-not married-not working, so my son is sure she will insist on $
Hello and thank you for requesting me.

At the time that child support was first assigned, was he working, or, going to school and not working?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 4 years ago.

I replied to your question but not sure you received can you let me know you got my answer please


No, I did not receive your reply. Can you please try again.
Customer: replied 4 years ago.

Sorry. He was working sporadically, people tended to let him go when he had a seizure, he was a cook. He could not attend school because he could not concentrate. In the year before his surgeries at Barrow Neurological Institute he had 2 studies done - one with 35 sensors on the outside of the skull and 24 hr monitoring by nurses and Drs, the 2nd study had 9 - 3" long probes inserted thru the skull and into areas of the brain suspected of seizure activity to try to pinpoint where they originated so surgery could be performed - with these 2 studies it is documented that he had over 100 seizures a day. I tell you this so you see how dismal his life was at the time, he barely graduated high school with a 1.8GPA, was involved w/ the wrong people, doing drugs and involved with this girl. When she got pregnant and told him he offered marriage - she said no - but wanted support, she didn't want him as part of the baby's life and made it so difficult for him to see her that he eventually moved, took him a lot of years to come to terms with that. The move took care of the bad element he was around, he "cleaned himself up - no more drugs or alchohol and worked when he could. He wanted joint custody but the court refused because of the seizures back then - the mother argued the baby wasn't safe with him because of the seizures. After his surgeries (which were considered a traumatic brain injury) were complete and he went through speech therapy for a year and a half, occupational therapy, cognitive rehab and much frustration on his part he started school and has worked extremely hard to get where he is. He is going to be starting the final phase of his degree starting in May - will get a degree in nursing, THEN has to work for one year in the emergency room or ICU then will apply for Anesthesia degree. He knows and doesn't argue his responsibility to his daughter, her mother doesn't work just finds men to take care of her for a while then they leave. He just wants to put off payments for a while until he gets his nursing degree and can start working. so to answer your question...he was sporadically working and was not in school.

Customer: replied 4 years ago.

I replied again and it said the reply went thru did you receive?


Yes, I have just received it. Apologies in advance for the momentary wait while I am typing out your answer...
Again, apologies for the wait.

On this website, I do not always get to give good news, and I am afraid that this is one of these times.

Is there recourse to hold off on pymts until graduating, he cant work & do well in school.

I am afraid not. Nothing in AZ states that child support may be 'held off' until he graduates, unless the custodian of the child agrees.

However, he can modify the child support amount to reflect his current income (or lack thereof). If so, then going forward, the child support would reflect whatever he is making. If he is not making anything, the Court will order child support at whatever amount it feels he should be making or can be making, under 403.212 (I am guessing the order is out of KY).

Of course, he would need to file to modify in KY. If finances are an issue, I can recommend three resources. First, here is a list of all pro bono work in the state...

…and another list:

Finally, you may call a law school and see if they have a legal clinic place available. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in KY state:

I hope this clarifies. Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Ely and 3 other Legal Specialists are ready to help you
Customer: replied 4 years ago.

Thank you for your time, I expected as much but wanted to be sure.

You are very welcome. Again, I am sorry for the bad news. It is a raw deal...

Good luck, and please don't forget to rate my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please REPLY to keep on chatting – I want you to be satisfied.
Customer: replied 4 years ago.

Ely, if partial payments are made what might happen? KY sent a letter stating he could now pay over the internet and gave him an account ID number to register online. If he does nothing at all what might happen? and thirdly...does non payment reflect on his credit report?

Thank you



If partial payments are made, then, they would be applies to the amount owed. The more he pays, the less likely the state is to press his non-payment in court. If he does not pay at all, then they are more likely to go to court.

Child support arrears DO go on one's credit report, but generally, only if he is found in arrears/contempt by Court after a hearing.
Customer: replied 4 years ago.

One last thing...sorry I am over thinking this probably...but what happens if the court finds him in arrears? Do people go to jail for non payment?

No need to apologize; please ask as much as you need to, for this is why I am here.

If found in arrears, he is usually asked to make up the payment by paying a little more over time and is "warned." Punishment by imprisonment is very rare and normally is reserved for brazen/malicious/continuous non-payment.