In any dissolution, questions about taxes loom large, particularly during tax season. In most families, one partner has traditionally assumed the responsibility of preparation of household financial documents and continues on with the chore out of habit. Sadly, with the shattering of the trust that comes about from the end of a marriage,there also comes a reluctance on the part of the partner who hadn't previously prepared those documents to cooperate.
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!
A major issue which arises in the dissolution of a longterm marriage is that of spousal maintenance, otherwise known as alimony or spousal support. Too many lawyers frequently present it to clients as an "it exists, live with it" proposition, and laymen understand it only as the nebulous concept of alimony. This conclusive and nonexplanatory concept is constantly reinforced in the opinions of both trial and appellate courts, and this misconception is compounded through the earnest efforts of legal scholars in creating largely incomprehensible articles on the topic.
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.
It is that time of year again - for anyone interested in making different holiday arrangements with regard to parenting time, matters must be hashed out or docketed now. It helps to have an experienced family lawyer assist you with these tasks.
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 matters of child custody and parenting time in divorces, Kentucky legislators and judges have a lot to say. There are statutes and judicial opinions addressing myriad issues of jurisdiction, of best interests, of factors to be used to determine what happens in modifications and what happens when someone relocates and leaves the immediate area in pursuit of new employment, new relationships or a plain fresh start. Sadly, in all of this material, there is very little said with regard to how to act as a parent.
We frequently receive child custody questions regarding older teens. Customarily, the caller is trying to ascertain whether the teen can state who the child lives with and at what age their wishes will be deemed conclusive.
In certain percentage of cases involving child support or custody, there will be a child with special physical or educational needs.
A recent article on divorce in the New York Times analyzed raw data on the number of divorces occurring nationally, and despite common perceptions about huge divorce rates, concluded that the numbers have declined over the past several years.