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How is Custody Determined in Cases of Unmarried Parents?

When most people think of child custody , they think of divorce . In the process of navigating a divorce, parents must reach an agreement on where their minor children will live, how the children will be financially supported, and how much time each parent will spend with the children. Although custody disputes are understandably associated with the dissolution of marriages, custody of a child can ...

When Is Sole Custody Awarded?

In 2018, the state of Kentucky created a bill that allowed for parents to retain joint custody by default. While a legal measure such as this is great for parents to maintain relationships with their children, some parents may not be thrilled by the continuation of shared custody. Sometimes, a parent will go to the court seeking sole custody of their child. This may be because joint custody is not ...

How Does Relocation Affect Child Custody?

If you share custody of a child with your ex and one of you must relocate, the relocating parent may not be able to take the child with them. If one parent opposes the idea of their child moving a distance away from them, the parties must take the issue to court. A parent looking to move out of state or more than 100 miles away must provide a notice of the move to the other at least 60 days in ...

Do Incarcerated Parents Pay Child Support in Kentucky?

A large percentage of men and women in our nation’s state and federal prisons are parents whose parental rights have not been terminated. Since both parents are expected to financially support their child, incarcerated parents with parental rights still have this obligation. According to the National Conference of State Legislatures (NCSL), “As of Dec. 31, 2015, there were approximately 1.53 ...

Health Insurance & Child Support in a Kentucky Divorce

Health insurance is a big cost in the US, one that should be taken into consideration when determining child support. Although there are child support calculators and guidelines that are used to evaluate each parent’s income, expenses, and child rearing costs, based on time spent with your child, there are factors such as health insurance and medical expenses that also come into play. If you are ...

Can My Child’s Extracurricular Activities Affect Child Support?

Who Pays for Your Child’s Activities After Divorce? If your child is involved in after-school activities, costs can add up quickly. You may be wondering if these extracurricular costs can be included in your child support. While there is no specific legal requirement for child support to cover these costs, many courts will rule for a modification of child support from the non-custodial parent to ...

Collaborative Divorce vs. Mediation: Which Is Better for Your Situation?

At a glance, collaborative divorce and mediation may seem like the same process; however, they are quite different. Both legal proceedings seek to ease the possible tension that can come from dividing marital property. So, what are the differences of each process? Which would be best for your situation? Collaborative Divorce A couple can seek the guidance of collaborative divorce attorneys if each ...

What's the Best Divorce Advice?

We have all heard horror stories about divorces that resembled World War III. These divorces may have ended in bankruptcy, parental alienation, a destroyed reputation, debt, and a host of other negative consequences. If you were a child of divorce, you may have lived it. But alas, not all divorces end this way, and certainly not yours. If the thought of your divorce having a bad ending strikes ...

Do I Have To Go To Court To Complete My Divorce?

If you and your spouse are no longer able to make your marriage work and a divorce is underway, you might be wondering if you will have to appear in court to successfully dissolve your marriage. If you and your spouse are on the same page regarding certain key issues, you will be able to avoid going to court rather easily and will only need your own respective attorneys to ensure your interests ...

Tips for Successful Co-Parenting After Divorce

Some couples divorce and have non-stop issues with co-parenting. No matter what, it seems Mom and Dad can’t seem to work together. In these situations, the parents may have strikingly different rules at their respective homes. They may avoid running into each other at the children’s various activities and keep family celebrations separate. They may badmouth each other’s new partners, and have ...

What is Wasteful Dissipation in a Divorce Case?

Finances are a big point of contention for many spouses, so it is certainly no surprise that this is often a major underlying or primary cause of divorce for many couples. Wasteful dissipation of marital assets, however, goes well beyond being a little financially irresponsible though. In some cases, wasteful dissipation may even be an act of revenge against a spouse in anticipation of a divorce. ...

Can I Get My Alimony Payments Reduced or Terminated?

When spouses get divorced , alimony is often part of the terms of their settlement to ensure that the lower income-earning spouse can maintain the same standard of living enjoyed during the marriage. That said, alimony is not designed to last indefinitely, especially when either party’s financial situation changes. The court understands that our circumstances can change at any time and, therefore, ...

Who Gets the Pets in a Divorce?

If you and your spouse have children together but are filing for divorce , you already know that you’ll have to negotiate custody arrangements for your kids. But what if, instead of children, you and your spouse have a sweet fur baby together? Determining who gets custody of the pets in a divorce can be a devastating, emotional, and contentious decision. Determining Pet Custody In most states, ...

What is Wasteful Dissipation in a Divorce Case?

Finances are a big point of contention for many spouses, so it is certainly no surprise that this is often a major underlying or primary cause of divorce for many couples. Wasteful dissipation of marital assets, however, goes well beyond being a little financially irresponsible though. In some cases, wasteful dissipation may even be an act of revenge against a spouse in anticipation of a divorce. ...

Can I Get My Alimony Payments Reduced or Terminated?

When spouses get divorced , alimony is often part of the terms of their settlement to ensure that the lower income-earning spouse can maintain the same standard of living enjoyed during the marriage. That said, alimony is not designed to last indefinitely, especially when either party’s financial situation changes. The court understands that our circumstances can change at any time and, therefore, ...

How to Discover Hidden Assets in Divorce

Divorce can be messy; some people will even attempt to conceal money or other assets so their spouse can’t get their fair share of the marital property. If you suspect your spouse is trying to hide assets through hidden accounts or other means, there are a few ways you can expose the hidden assets and get the full compensation you are entitled to. 1. Look at Tax Returns Most people don’t lie on ...

How Are Businesses Divided in Divorce?

How a couple divides their property depends on their state of residence. Kentucky laws require a court to divide assets equitably. This does not mean distribution needs to be completely equal; rather, it means asset division should be handled with fairness. Usually, a couple will seek the help of a mediator or court to help divide their assets (if they can’t agree on how to do so themselves). ...

How to Prepare for a High-Asset Divorce

Attorney Louis P. Winner understands that divorce can be complicated, no matter how amicable and respectful both spouses may be during the process. This is particularly true for high-asset divorces, since a large amount of assets are involved. Dividing marital property can be especially complex, resulting in a long divorce process and additional stress. If you are facing a high net worth divorce, ...

Watch Out for Income Maneuvering in a High Asset Divorce

Many Kentucky entrepreneurs own their own business, and these business can be wildly successful. Some business owners eventually marry, but continue to be the sole owner of the business. Unfortunately, not all marriages are meant to last. Sometimes, if your spouse owns a business and divorce is on the horizon, it is important to make sure your spouse is not unscrupulously using the business to ...

3 Benefits of Divorce Mediation

Divorce mediation is often used to resolve disputes between a couple by engaging a neutral third party to help reach an agreement. If you and your spouse are having a hard time mutually deciding on assets and/or child custody and support issues, a mediator may be beneficial. Aside from the avoidance of potential disputes, a couple may seek mediation for many reasons. Mediation can also be an ...

Collaborative Divorce vs. Mediation: Which Is Better for Your Situation?

At a glance, collaborative divorce and mediation may seem like the same process; however, they are quite different. Both legal proceedings seek to ease the possible tension that can come from dividing marital property. So, what are the differences of each process? Which would be best for your situation? Collaborative Divorce A couple can seek the guidance of collaborative divorce attorneys if each ...

Common Mistakes to Avoid on Your Prenuptial Agreement

A prenuptial agreement is a legally binding contract between two prospective spouses signed prior to marriage. This contract determines how the couple’s debts and property will be divided upon divorce, separation, or death. Conditions and wording are two important factors to consider when creating a solid prenuptial agreement. There are a few mistakes a couple can make that can be avoided if they ...

Should You Get a Prenup? 3 Things to Consider.

Prenuptial and postnuptial agreements (colloquially called "prenups" and "postnups") have received something of a bad rap. In the eyes of many people, prenups and postnups are a sign that a couple doesn't think their marriage will last. Realistically, prenups and postnups can be an excellent way for married couples to ensure their partnership is equitable, and can actually help spouses protect ...

Can a Prenuptial Agreement be Modified or Revoked?

Prenuptial agreements define the terms of property division in the event that a married couple gets divorced or if someone dies. Before a wedding, many couples sign a prenuptial agreement to protect their individual assets if either of these things occurs. Once a couple gets married after signing a prenuptial agreement, the terms of the contract are not necessarily set in stone. It is possible to ...

Common Mistakes to Avoid on Your Prenuptial Agreement

A prenuptial agreement is a legally binding contract between two prospective spouses signed prior to marriage. This contract determines how the couple’s debts and property will be divided upon divorce, separation, or death. Conditions and wording are two important factors to consider when creating a solid prenuptial agreement. There are a few mistakes a couple can make that can be avoided if they ...

How Does the IRS Treat Alimony Payments?

The U.S. Congress recently enacted significant tax reforms under the Tax Cuts and Jobs Act that impacts divorce cases involving spousal maintenance. Most notably, the recent reforms radically change how the IRS treats alimony payments for federal income tax purposes. How Does the IRS Define Alimony? According to the IRS, alimony is “a payment to or for a spouse or former spouse under a divorce or ...

Does Cheating Impact Maintenance in a Kentucky Divorce?

It’s no secret that a large percentage of marriages are broken up because of infidelity and financial problems. If your marriage has unraveled because one of you cheated, you may be wondering if adultery impacts a spouse’s right to receive maintenance, which other states sometimes call “alimony” or “spousal support.” This is a valid question indeed. In the United States, we have “no-fault” divorce ...

Should I Start Dating during Divorce?

Divorce can be a lonely, depressing and stressful process, which is why many people take this opportunity to re-enter the dating scene. Although falling in love again can spark happiness and optimism for the future, it is wise to refrain from dating until your divorce has been finalized. Despite the fact that you may believe you are ready to move on, dating during a divorce can have a serious ...