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Northern Kentucky Family Law Blog

Paying child support while disabled

Parents in Kentucky and other states may be required to pay child support even if they become disabled. However, a disability may make it difficult as a practical matter to work for the money needed to make those payments. The circumstances surrounding a noncustodial parent's disability will play a role in determining that person's ongoing support obligation. In most cases, a court will issue a temporary modification if the disability is expected to be temporary.

If a parent receives disability insurance payments, a portion of those payments will likely go to the custodial parent. The same is true of any other income that a parent may receive while disabled. A court will base a child support payment on the amount of money that a noncustodial parent makes. Therefore, it is possible that a custodial parent will receive reduced financial assistance for however long the noncustodial parent is disabled.

Costly divorce mistakes

Married couples in Kentucky who are thinking about splitting up should carefully consider what they do before and during the divorce process. Certain actions and decisions can result in very expensive consequences. It's important that separating spouses take care to avoid these mistakes when a divorce is on the horizon.

Not having all of the important financial paperwork on hand can result in monetary decisions being made without all of the necessary information available. Paperwork that details the balances and account numbers for financial accounts should be collected. It will also be necessary to obtain Social Security statements that show earning records and any projected future benefits. Divorcing individuals should also have documents that show how much was paid for significant assets and any major improvements made for the home. The information contained in these documents can be helpful with both the divorce settlement and planning for future taxes and retirement.

Joint parenting schedules benefit children

Divorcing couples in Kentucky should consider developing a joint parenting schedule. These plans can help to reduce the disruptions to a child's schedule that commonly occur after a divorce. Parents should aim to set aside their own egos and put the children's needs first.

If the children are older, parents may consider seeking input from them about the final schedule. For younger kids, parents will probably have to work together and make all the decisions. Parents seeking joint custody should be willing to be inconvenienced if it means that children are able to remain in the same school, keep in contact with friends and continue to participate in extra-curricular activities.

Young couples may wish to consider prenups

For many people in Kentucky, prenuptial agreements seem like a matter for celebrities or ultra-wealthy entrepreneurs. They may not seem relevant to people of average income and wealth, especially when they are just starting out in life. Indeed, many people think of young marriages as those that are least likely to need prenuptial agreements given that neither party has had significant time to accrue serious assets, launch businesses or have existing children from prior relationships. However, some experts advise that students who marry while completing college, university or graduate school may benefit from considering a prenup.

Prenuptial agreements allow people to decide how their assets will be handled in case of divorce or dissolution later down the line. They can also come into play in the case of the death of one partner. While many people think of a prenup as something used to protect a wealthier partner from a less-wealthy spouse's claims, a well-drafted prenup should provide protections for both parties. For example, protections for a partner who stays home to care for the children can be written into the prenup in advance. In addition, the prenup can include time limitations on various provisions that may change as the marriage lasts.

Many Kentucky spouses ages 55 and up are filing for divorce

The baby boomer generation is historically known for many things, including avid promotion of love, protest against war and its great passion for rock and roll. If you were born between 1946 and 1964, you're part of the baby boomer generation. You may be able to relate to peers who got married and raised their families in the post-World War II era.

There's another thing Kentucky baby boomers have in common with others between the ages of 54 and 70-plus. A lot of you are getting divorced. In fact, while the overall rate of divorce has declined in the United States, it has more than doubled in the past 20 years in your age group. Why is that, and where can you turn for support if you and your spouse have decided to go your separate ways after decades of marriage?

Making a high-asset divorce easier

Some Kentucky couples who are ending their marriage will go through what is known as a high-asset divorce. These can be more complex than other divorce cases because of the different types of property involved and the work it takes to calculate the value of the marital estate. There are several ways to make going through the process easier.

Staying focused on restructuring family connections in a healthy way is a good strategy. If possible, it is a good idea to maintain any social or community involvement in the same manner as before the divorce was filed.

Divorce risk may be higher for men marrying more attractive women

It's not all that unusual for a man seeking a significant other in Kentucky to opt for someone more physically attractive. In fact, an analysis of online dating site data shows both men and women have a tendency to pursue potential partners up to 25 percent more attractive than themselves. However, there's research suggesting that men who tie the knot with significantly more attractive women have a higher divorce risk.

With mismatched partnerships, the end of a marriage may be facilitated by jealousy on the part of the less attractive spouse. Another study found that women with less attractive spouses were more likely to flirt and report being less committed to their relationships.

Amending custody orders not always easy, but possible

Custody after divorce is often a contentious issue for parents in Kentucky and throughout America. In many cases, custody decisions are based on factors like income stability and safe living conditions. It's important to note, however, that custody decisions may change as a child ages or when certain criteria are met.

The requirements for a change in custody are typically determined by the laws of the jurisdiction where the petitioning parent lives. This is because the child's welfare will be governed by the same laws when residing with the parent requesting the change. In order to have a custody order amended, a fee is generally required to have the motion brought before a family court. There is also specific paperwork to be filed along with the fee.

Critical points to understand about adoption

Adopting a child is a process whether that child is coming from Kentucky or anywhere else in the country. One of the first steps in the adoption process is to meet with a child's birth mother. In many ways, this meeting is like a first date. As with a date, it is a chance to get to know more about the birth mother and her views on adoption.

Furthermore, there is no shame in not pursuing an adoption if it is difficult to establish a rapport with that parent. It is generally better to walk away rather than try to go through with an adoption that may not make sense for the child. Although the baby may one day belong to an adoptive parent, he or she has no say in how the mother carries out her pregnancy. In some cases, parental rights won't be terminated until after the baby is born.

You probably share your motivation to adopt with many people

Sometimes, Kentucky residents don't have much choice when it comes to expanding their families. Even so, a pregnancy may not have been planned, but after the initial shock wears off, everyone gets on board with welcoming the new addition into the home.

This is not the situation when you decide to adopt a child. These decisions often come after a lot of soul searching and discussion regarding adding another person to the family, especially when the child is not an infant and probably comes from a broken home or has lost his or her parents to a tragedy. Regardless of why you decided to open your heart and home to another person's child, your motivation is probably the same as many others before you.

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