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In 2012, the Supreme Court of the United States limited third-party (often grandparent) visitation rights in Troxel v. Granville: A majority of the Court agreed that under the Due Process Clause of the Fourteenth Amendment, parents have a fundamental liberty interest in the care, custody, and control of their children. And a majority concurred that...
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In Kentucky, child support is calculated using the statutory guidelines provided in KRS 403.212. These guidelines take into account the monthly gross income of both parents and the number of children requiring support. The base child support obligation is divided between each parent in proportion to their respective incomes. Unfortunately, the child support guidelines were...
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KRS 405.021(1)(b) and (c) of Kentucky’s grandparent visitation statute is violative of due process on its face because it permits a grandparent to prove a significant and viable relationship by a preponderance of the evidence rather than the clear and convincing standard required under Walker v. Blair. The statute also fails to accord the parent’s...
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One question that frequently arises in the context of divorce is whether one spouse may claim rights to another spouse’s inheritance that was acquired either before or during the marriage. At divorce, property is classified as either marital or nonmarital. Nonmarital property is restored to each spouse as his or her separate property and marital...
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Mediation is the most common form of alternative dispute resolution (ADR) in Kentucky. In fact, many Judges in divorce and family law matters will require mediation before setting a final hearing or trial date. So, what is mediation? The American Bar Association describes mediation as “a private process where a neutral third person called a...
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The end of a marriage can be an extremely confusing, stressful and highly emotional event. In order to make decisions that are within your control and in your best interest, minimizing conflict is essential. The following are some strategies for navigating the divorce process with a minimum of conflict. Focus your attention on the things...
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If your income has decreased or stopped amid the COVID-19 pandemic, and you have a child support obligation to the other parent of your child(ren), or if you were terminated from your employment amid the COVID-19 pandemic, and you were ordered to provide health insurance for your child(ren), you may be considering requesting a modification...
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How do I make sure my children are staying “Healthy at Home” when they have two households? Due to the outbreak of the novel coronavirus (COVID-19), Governor Andy Beshear has declared a state of emergency in the state of Kentucky and issued Executive Orders that require Kentuckians to stay “healthy at home” and restrict out-of-state...
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The CARES Act provides recovery rebates or economic impact payments for qualified individuals of up to $1,200 ($2,400 in the case of a joint return) and up to $500 for each qualifying child. If you have already filed a 2019 tax return, the IRS will use 2019 to calculate the payment amount and issue the...
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The Kentucky Supreme Court has issued an order regarding parenting time and Covid-19. Administrative Order 2020-14 provides guidance to parties with custody and parenting time orders.
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