Boyle County Legal Blog

'Bird nesting' is a new housing option in shared custody cases

During and after a divorce, kids often end up spending time in two homes. They may get two of everything, but there is a lot more travel involved than before -- and that can be inconvenient and disruptive. In an effort to reduce the upheaval, some parents have turned the typical shared parenting arrangement inside out. Now, instead of the child traveling from one parent's home to the other, the parents are doing the traveling.

It's called "bird nesting," and the idea is to have the children remain in the family home full time, while each parent lives there part time. While bird nesting isn't new, it is getting more attention thanks to a new sitcom called "Splitting Up Together" which features the arrangement.

Calling on Kentucky drivers to put down their phones

"Each death is 100 percent preventable."

Those six words kick off the National Safety Council's campaign for Distracted Driving Awareness Month, taking place this month across the country. It's a powerful statement, but one that many read too quickly. Instead, drivers in Kentucky and elsewhere seem to agree that texting while driving is bad, yet act as if it can't happen to them.

Property in Kentucky is subject to equitable division

A divorce is an emotional experience for even the strongest men and women. For those who desire to divorce, ending a marriage can still bring up strong feelings of loss and fear of the future. Common anxieties that afflict divorcing parties revolve around the happiness of their kids and the parties' ongoing financial stability.

Individuals who seek to terminate their marriages must confront a host of important issues as they work through the legal process, from how they will split custody of their kids to how they will divide up the things and property they own. In some states, the property that couples acquire during their marriages is automatically considered jointly owned and, therefore, all marital; however, Kentucky does not follow this rule.

Criminal charges should be met with strong defense strategies

The breadth of recognized crimes in Kentucky is vast. Many different driving behaviors, such as speeding, failing to stop at stop signs and aggressive driving, are all charges that Danville residents may be accused of committing while behind the wheels of their cars. Additionally, crimes can include actions that allege individuals committed wrongs against others, such as assaults, thefts, and batteries.

Some criminal charges may seem more serious than others, but all criminal convictions can impose significant and long-lasting penalties on those unfortunate enough to confront them. While misdemeanor charges may result in files, loss of certain privileges or other consequences, convictions based on felonies may yield sentences that include incarceration. A conviction results if a prosecutor proves their case in court and the defendant cannot provide defenses to their allegedly criminal conduct.

A review of business buyout agreements

A Kentucky business can have multiple shareholders who have ownership interests in the entity. From time to time, though, those shareholders may leave the business and need to divest themselves of the ownership rights and shares that they hold in the business. A buyout agreement is a contract that dictates the terms by which a shareholder may sell off their business shares and states whether the business itself has a right to buy the shares back.

For example, consider a business that has three shareholders. The business operates under this structure for years, until one of the shareholders decides that they no longer wish to be affiliated with the entity and wants to sell their shares to divest themselves of ownership. If the shareholder and the business have a buyout agreement in place, they will know if the business must buy back the shareholder's interests, if the shareholder can sell their interests to a third party, or how the shareholder's stake in the company may be dealt with.

What rights do creditors have?

When discussing debt repayment, the creditor is sometimes described as a “bad guy” trying to rob the poor. In reality, creditors are simply doing their jobs. In fact, the creditor also faces financial loss when the debtor cannot pay the agreed amount.

Consumers are protected from unfair debt collection, but, on the flip side, creditors have legal rights as well.

The means test of Chapter 7 bankruptcy

Chapter 7 bankruptcy is one of the two main personal bankruptcy options that Kentucky residents may utilize to eliminate their overwhelming debts. Unlike Chapter 13 bankruptcy, however, Chapter 7 bankruptcy requires filers to have a sufficiently low income in order to qualify. While under Chapter 13 bankruptcy, a debtor may use their income to pay down their financial obligations, under Chapter 7 bankruptcy, they must liquidate their assets and property in order to garner funds for the repayment of their loans.

Therefore, in order to qualify for Chapter 7 bankruptcy protections, a person must pass the means test. The first part of the means test requires a person to compare the average of their prior six months of income to the median monthly income of their state. If their income is equal to or below that median amount, then they have passed the means test.

Multiple defendants may be to blame for a truck accident

A civil lawsuit between two Kentucky residents may be a relatively straightforward matter. If one party alleges that the other caused an accident and that the victim suffered injuries, the matter will likely resolve with either the plaintiff obtaining financial recompense for their losses or the defendant winning and avoiding civil liability.

However, when a commercial vehicle or delivery truck is involved in a crash, the assignment of liability and blame can be a little bit more complicated. For example, consider a large truck driven by a driver who is employed by a retail company. If that truck is involved in a crash, the driver of the truck may be sued by the victims for their losses, as well as the company that employed the driver and put them and their rig on the road.

When is a child custody modification the right thing to do?

One of the most important aspects of a divorce is creating a well-drafted child custody agreement. The initial process of establishing what will best serve the child can be complex and time-consuming.

Because of this, when a parent later requests a custody modification, the judge will examine the request to determine if the parent is making an unjustified request or if there is a real need for a change to the agreement.

Under what circumstances may alimony be awarded?

In situations where one spouse has foregone gainful employment during a marriage, spousal maintenance sometimes known as alimony may come into play. Spousal Maintenance is money that one spouse pays to the other after they have gone through a divorce. Spousal Maintenance is intended to help a spouse either get to the point that they can earn their own living or is awarded permanently if the recipient is unable to work.

Many factors will influence a court's decision to award spousal maintenance. The length of a marriage, the capacity of the spouses to earn and pay spousal maintenance, the standard of living enjoyed by the partners while they were together and other considerations can be made before a request for alimony is approved.

Spousal Maintenance can be an important part of a person's survival after completing a divorce. To learn more about how to secure an award of spousal maintenance, readers of this blog are asked to speak with family law attorneys as this post is not offered as legal guidance. 

Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Sheehan Barnett Dean Pennington Little & Dexter, PSC or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

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