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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118638
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Last year our judge incorrectly required me to pay half of

Customer Question

Last year our judge incorrectly required me to pay half of the children's catholic education despite the fact that as a combined household we do not meet the threshold of 180k i believe. What remedy do i have to help correct the judges error? A motion?
Submitted: 12 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Please explain your situation in a bit more detail and why you believe you should not pay a share of their education regardless of the 180K combined income? Was that in your court order of support?
Customer: replied 12 months ago.
At the time i was represented by an attorney - she mentioned to me that in Kentucky they cannot require you to pay for school when there are public free options unless you make more than a certain amount of money ( i believe it was 180k )
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your reply.
Under KY laws and cases, generally, in the absence of a written agreement, on a general basis, payment for private education won't be required unless there are some special educational circumstances involving specific learning difficulties and a professional recommendation advocating attendance at a specific private school. The court in KY can deviate from the child support guidelines only if they find that such a school is in the best interests of the child. However, the monetary combined income you were given by your previous attorney is not in the statutes, and combined income is only one factor the court can consider in deviating from the standard support award. However, the best interests of the child is the primary consideration of the court in deciding if you would share in private school costs. See: Young v. Holmes, 295 SW 3d 144 (KY App 2009).
Furthermore, if you objected to the payment you had 30 days to object to that decision. If you did not appeal the decision within 30 days you lose your right to object. So unless there is now a significant change in financial circumstances for you to file a motion to modify the support award, you are too late to appeal that prior decision from a year ago.