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Kentucky Law Blog

Kentucky child support rules in flux

Kentucky was one of just four states that received an A- or higher from the National Parents Organization. The grade was due to its new child support reform bill, which removed the 1.5 multiplier often referred to as the "Shared Parenting Penalty Multiplier." The old formula multiplied the combined income by 1.5 before subtracting the less-earning parent’s earnings. Critics believed that the multiplier unfairly and randomly inflated shared parenting child support. Unanimously passed last year by the state House and Senate, the bill went into effect on March 1, 2022. New self-support reserve...

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Spouses should consider tax obligations when planning divorce

The April 15 deadline for individual and joint filings is now past, but this does not mean it is time to forget about taxes until next year. The division of marital assets is a crucial part of the divorce agreement, so it can be a substantial misstep not to consider the tax obligations attached to these assets. Moreover, it is particularly essential for business owners or those with an extensive portfolio of assets and investments. An experienced family law attorney can help their clients find creative (yet legal) ways that help to minimize unnecessary tax obligations. This strategy can save...

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Kelly Clarkson’s divorce includes a vaccine agreement for the kids

The pandemic has impacted divorces in many. Early on, it was a mitigating factor that pushed some couples to divorce, particularly if the marriage was a new one. Now it's a few years later with vaccines available for anyone ages five and up. Nevertheless, parents may have different views on how best to protect the health and well-being of their children. Disagreements can involve rules on masking, playdates, travel, attending school, and whether to vaccinate or not vaccinate. Singer and entertainer Kelly Clarkson wrapped up her divorce from Brandon Blackstock, and they’ve addressed such...

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Johnny Depp and Amber Heard are back in court

The fiery short-term marriage of actors Johnny Depp and Amber Heard has been fodder for countless headlines and social media noise. The couple, who began dating in 2012 and married in 2015, had a fiery relationship. The 15-month marriage ended in divorce and included a restraining order filed and then withdrawn. They settled things with Depp giving her $7 million, which she vowed to donate to the American Civil Liberties Union. After issuing a joint statement that they parted on good terms, they went their separate ways. That unraveled in 2016 when Heard appeared on the cover of People...

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What to know about protective orders

Those faced with the threat or fear of violence may seek legal orders to prevent the accused person from continued contact or to establish distance between the respondent and the person filing the order. Protective orders take several forms and must involve a court petition to seek protection through the use of particular language that restrains the accused's behavior with it comes to interactions, visits, communications or mandated physical boundaries. Types of protective orders When it comes to restraining orders, there are two primary types available for potential petitioners in the state...

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Societal pressures can keep spouses in abusive relationships

Many believe that peer pressure or societal expectations are most oppressive during the teen years. This may be true for some, but expectations continue well into adulthood. It can come from their family, faith, or society, leaving people to feel isolated, ashamed, or resigned. This pressure can be particularly burdensome for those contemplating divorce, even if the relationship is abusive. Good intentions can lead to bad results Outside voices of a counselor, friend or minister may be well-intended, but they may not understand and dismiss the dangers of physical or emotional abuse. In doing...

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Determining who gets the pet?

Folks here in Kentucky have always had a strong attachment to their animals, whether horses or other farm animals, a hunting dog, or a house cat. Nevertheless, animals seem to be an increasingly important part of a couple's divorce agreement. This may be due to the animal's market value or an emotional attachment. They are legal property Many treat their indoor animals as part of the family, but the law still considers them personal property to be divided up like table lamps or other pieces of property. It can make the courts wary of custody arrangements for Fluffy, but judges have become...

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Dividing (and paying) debt is also a part of a divorce

Many marriages end due to disagreements or stress over money. Perhaps one spouse wants to live modestly while saving for retirement, while the other is comfortable living paycheck to paycheck or even amassing sizable amounts of credit card debt. This difference can make divorces even more complicated, but the smart move is to pay off all or most of the debt before beginning divorce proceedings. Protecting one’s finances The fiscally responsible spouse can go further by preventing the spending spouse from putting them back in debt. Here are some straightforward ideas for protecting finances...

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Can a divorced parent move out of state with the children?

Relocation is a very delicate subject for divorced parents. In an ideal world, the parents live near each other and the child or children move effortlessly back and forth between the residences. However, the reality can be quite different. A custodial parent may want or need to move and take the child with them. The courts generally believe that it is in the child's best interests for both parents to be active in their child's life. The parent wishing or needing to relocate will need a judge's permission. Those who move without the court's consent can face severe consequences. What does the...

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Children’s perception of divorce varies by age

Every parent going through divorce worries about how the split will impact the children. Except for the very young, children hearing the news of the divorce will naturally feel sad, anxious or angry. They may have a hard time understanding how their lives will change. Every child is different, and some are more emotionally mature than others. Nonetheless, family experts say that age group has common traits that point to how much children comprehend divorce and the new family structure. Armed with this knowledge, parents can better help the children through this time of transition. Birth to...

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