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In Kentucky, alimony is called maintenance, and you actually now see less cases for maintenance. If one side gets majority custody of the children, they are going to possibly be looking at getting some sort of child support. But as for maintenance, there usually has to be a strong disparity in income for maintenance to be awarded. In my experience, maintenance is something that coincides with a period of time. For instance, if someone was married to their spouse for a very long time and supported them by helping them get to a level where they achieved a strong income, by doing so they could have caused detriment to themselves. As a result, you may be looking at a really long period of time for maintenance. However, in most circumstances, maintenance is granted to help the other person get to a point where they can be self-sufficient. So, you don’t necessarily see lifetime maintenance, but you’ll see someone get two, three, or five years. And, that’s usually because one spouse has forgone schooling and/or a career. Maintenance is designed to give them a jumpstart so that they can build themselves up again. However, that still depends upon the disparity in income. If one spouse is making millions while the other side has zero prospects and does not have the ability to make very much money at all, then maintenance is more likely and it’s going to most likely be awarded for a long time.

What Factors Does The Court Look At When Deciding Custody In Kentucky?

In Kentucky, the presumption is joint custody. Getting anything outside of joint custody, a party would have to show that it’s in the best interests of the children that something other than joint custody be awarded. Sometimes that comes down to showing that the one parent is not a good parent, or that he or she is not in a position to adequately take care of the children. The reasons can vary. For instance, there have been situations in which one parent cannot adequately take care of the children because of mental health issues. That’s not the parent’s fault, but the court will always focus on the best interests of the children when it comes to custody. That’s biggest issue – What’s in the best interests of the children?

Child custody disputes can get really brutal because pretty much anything is discoverable. A lot more is discoverable in child custody cases than in a lot of other cases. Your personal information could be put out there in front of the judge for him or her to use to assess whether or not you’re an adequate parent. There are circumstances when it’s really important to make sure that you put the evidence out there to show why one individual is not a fit parent, or why the other individual shouldn’t get as much time sharing. Most of the time, parents know what’s in the best interest of their children. On the other hand, the courts also want the children to have the right to enjoy the love and affection of both parents.

Who Pays Child Support When The Parents Are Not Married Or They’re Divorcing In Kentucky?

Whether parents were never married or divorcing, there’s a worksheet that is used to help determine child support. The worksheet takes into consideration things like the child’s primary residence and income disparity. There’s also going to be other financial factors that are considered in the worksheet. It’s going to consider which parent has the children on their health insurance. If the father is providing the children with insurance, then he’ll get some credit for that. If the mother makes a lot more money than the father, that’s going to be taken into consideration as well. The primary factors include: who the children are primarily going to reside with? What is the income disparity? And, other financial factors, such as, who is carrying insurance?

Can I Modify Our Petition To Modify A Final Court Order About Child Custody Or Child Support? What Are Those Circumstances For Child Custody?

A final family custody order is unlikely to be modified before the passing of two years. The only way you can really get around that is if there’s some emergency situation. If the children are in danger in some way due to the actions or behavior of a parent, then the court will hear that and make a decision. But generally, if you have a custody order in place, you’re stuck with it for two years. Now, that doesn’t mean that you can’t go to court for anything. For instance, if there’s a custody order and the father is not following it, the mother can go back to court to try to hold him in contempt for not following the order. Therefore, you don’t have to take situations like that for the next two years. But, if you established joint custody and then decided you want sole custody, you’re not likely to be able to file and argue for that until at least two years from the date of the original order has passed.

In regard to child support, there’s nothing that would prevent you from filing it. However, courts aren’t really going to look at modifying child support unless there’s a real change in income. For example, if I’m paying a lot in child support, but then I lose my job, that could prompt a substantial change in circumstances that would allow for a modification if I get another job that makes 10% of what I had been making. If it’s a substantial enough change in income, it justifies a change in the child support order. The judge is probably going to hear it and consider it.

What Are The Factors That Might Affect How Property And Assets Are Divided In A Divorce?

Fault isn’t really a factor in asset division. The main criteria are going to be what is and isn’t a marital asset or debt. In some circumstances, assets that are linked to a marriage are going to make a huge difference, especially when dealing with military divorces. Generally speaking, what will affect how property, assets, and debt are equitably divided will depend on what the marital property is and what is a product of the marriage.

When And Why Would Division Of Assets, Property, Or Debt Be Modified After A Divorce In Kentucky?

In Kentucky, a modification of the division of assets, property, or debt could be due to a substantial change in what the financial circumstances are as opposed to what they were originally believed to be. That would have to be something substantial. For example, a modification can occur if there was evidence that the other side committed fraud in the disclosure of assets. If you find out that your spouse had a bank account that was used to hide money, and they owned a bunch of property that wasn’t disclosed, then that could be something that could be reopened. Usually, once the divorce is final and the assets are divided, that’s pretty much it. Otherwise, it would have to be a substantial change in circumstances to be able to modify the division of assets, property, and debt.

For more information on Divorce Issues, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (270) 936-7770 today.

Eric Bates, Esq.

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