Of all of the emotional child custody disputes that arise in the course of a family law case, many of the most troubling swirl around substance abuse, addiction and how to handle restoration during or after a period of rehabilitation. During the period of active addiction, truly awful things frequently occur - abuse, neglect, emotional manipulation and childhood exposure to very adult misbehavior and criminal concepts. For most people who are suffering from addictive conditions, once courts intervene, all but the ones in their most extreme phases of denial will acknowledge that their parental involvement should be restricted (if not suspended altogether) while they get their lives on track. What happens afterward is where the difficulties arise.
A family law question which occasionally gets asked of this office is whether someone can be court-ordered to pay the costs of private education as a part of child support. I also hear queries about whether Kentucky law requires someone to pay college expenses or child support to a parent who has a college student living in their home. My usual answer is that in the absence of a written agreement, payment for private education won't be required unless there are some special educational circumstances involving specific learning difficulties and a professional recommendation advocating attendance at a specific private school.
We have had a staff change at this office, as Jenny Levine has decided to return to her hometown of New York City. We appreciate her service, and wish her the best in this exciting new chapter in her life!
In some jurisdictions in the United States, there are significant battles over the payment of private school tuition for minor children as well as the tuition obligations of children who have achieved the age of majority. Some of those battles are legislative as advocates work to install such a requirement, and in in other jurisdictions, statutes requiring just that are being challenged.
In family law matters, as relationships collapse, this office all too frequently finds itself undoing damage done by litigants who inadvertently make bad decisions in how they communicate at each step of the process. These decisions tend to be born in a cauldron of vindictiveness, pride or stubbornness, and always lead to negative results. Under Kentucky law, it is very difficult to obtain a mulligan (or "redo", for all non-golfers), so it is very important to attempt good decisionmaking and effective communications from the start.
Whenever family law disputes are occurring (be they divorce, custody or some post-decree modification), there is significant stress that impacts all facets of a litigant's life with relation to job performance, debt, money management, routine household tasks and productivity. With employment, statistical studies of large-scale employers usually reflect 50-75% drops in productivity by the worker in such an action, as well as a "ripple effect" among the co-workers and line managers who struggle to adjust and cover for the productivity loss.
In many cases of divorce, when both people emerge from the process, they feel as though they've been through an emotional and financial wringer. Often the results appear only after a stretch of time. Here are five resolution pitfalls to consider.
On family law child support issues, Louisville judges were always pretty predictable. Nowadays, we've seen a new weapon added to the arsenal, a public shaming broadcast complete with nasty commentary. Called "Deadbeat" this daily program on family law is designed to titillate, and cannot be avoided by court participants - all of the circumstances are put up for public display.
A major shift of family law policy in Kentucky regarding same sex marriages performed in other states has come about through a ruling from an unexpected source. US District Judge John Heyburn has ruled that Kentucky is required to recognize same sex marriages and domestic partnerships performed in other states, regardless of language in its Constitution and statutes prohibiting recognition of those unions.