Resources - Wise Law LLC

Kentucky: Explanation of Spousal Maintenance in Kentucky

By Chris Wise on September 14, 2023

Spousal maintenance, also known as alimony, is a critical aspect of divorce proceedings that aims to provide financial support to a spouse who may be economically disadvantaged or unable to support themselves following the dissolution of the marriage. In Kentucky, spousal maintenance is governed by the Kentucky Revised Statutes (KRS) 403.200. This statute outlines the factors that the court considers when determining whether to award spousal maintenance and the amount and duration of such maintenance. Spousal maintenance in Kentucky can be categorized into three main types: temporary maintenance, rehabilitative maintenance, and permanent maintenance. Let's explore each type in detail: Temporary Maintenance: Temporary maintenance is awarded during the pendency of the divorce proceedings to provide financial support to the dependent spouse. It is intended to cover the period until a final determination is made regarding the division of marital assets and the award of permanent maintenance, if applicable. The court considers factors such as the financial needs of the dependent spouse, the ability of the supporting spouse to pay, and the standard of living established during the marriage. Rehabilitative Maintenance: Rehabilitative maintenance is awarded to assist the dependent spouse in acquiring education, training, or employment skills necessary to become self-supporting. The court may consider factors such as the length of the marriage, the age and health of the parties, the earning capacity of each spouse, and the time and cost required for the dependent spouse to become self-supporting. The goal of rehabilitative maintenance is to enable the dependent spouse to achieve financial independence within a reasonable period. Permanent Maintenance: Permanent maintenance is awarded when the court determines that the dependent spouse is unable to achieve self-supporting status due to age, disability, or other factors. It is typically awarded in long-term marriages where the dependent spouse is unlikely to become self-supporting. The court considers factors such as the duration of the marriage, the financial resources of each spouse, the standard of living during the marriage, and the earning capacity and needs of the dependent spouse.

Ohio: Exploring Spousal Support in Ohio Divorce Cases

By Chris Wise on September 12, 2023

Ohio: Exploring Spousal Support in Ohio Divorce Cases. Understanding the nuances of spousal support is crucial when navigating the complexities of divorce proceedings in Ohio. To begin, it is important to note that spousal support, also known as alimony, is not guaranteed in a divorce in Ohio. Unlike child support, which is mandated by law, spousal support is discretionary and subject to the court's determination based on various factors. The court carefully considers the circumstances of each case to determine if spousal support is appropriate and, if so, the amount and duration of the support. R.C. 3101.03 serves as the statutory framework for spousal support in Ohio. This law provides the court with the authority to award spousal support based on the following factors: 1. The income and earning capacity of each spouse: ... 2. The duration of the marriage: ... 3. The standard of living during the marriage: ... 4. The age, physical and emotional health, and retirement benefits of each spouse: ... 5. The duration of the separation: ... 6. The contribution of each spouse to the education, training, or earning capacity of the other spouse: ... 7. The assets and liabilities of each spouse: ... 8. Any other relevant factors: ...

Indiana: Explanation of Spousal Support or Maintenance in Indiana

By Chris Wise on September 12, 2023

Explanation of IC 31-15-7-2(1), IC 31-15-7-2(2), and IC 31-15-7-2(3) in Determining Spousal Maintenance in Indiana. IC 31-15-7-2(1) serves as a key provision in determining spousal maintenance in Indiana. This statute states that the court may grant spousal maintenance if it finds that the spouse seeking maintenance lacks sufficient property to provide for their reasonable needs and is unable to support themselves through appropriate employment....C 31-15-7-2(2) is another important provision that the court considers when determining spousal maintenance. This statute states that the court may grant spousal maintenance if it finds that the spouse seeking maintenance is the custodian of a child whose physical or mental incapacity requires the custodian to forgo employment....IC 31-15-7-2(3) is a significant provision that the court evaluates in the context of spousal maintenance. This statute states that the court may grant spousal maintenance if it finds that the spouse seeking maintenance lacks sufficient property, including marital property awarded to them, to provide for their reasonable needs, and is unable to support themselves through appropriate employment or is the custodian of a child whose physical or mental incapacity requires the custodian to forgo employment....Indiana: The Importance of Voigt v. Voigt in Determining Spousal Maintenance. Voigt v. Voigt is a seminal case that has had a profound impact on the determination of spousal maintenance in Indiana. In this case, the Indiana Supreme Court established important principles and guidelines that continue to shape the approach taken by courts in evaluating spousal support claims....

Ohio: What are Antenuptial Agreements and Are Antenuptial Agreements Enforced?

By Chris Wise on September 6, 2023

In Ohio, What are Antenuptial Agreement and How are they Enforced? Antenuptial agreements, also known as prenuptial agreements or premarital agreements, are legal contracts entered into by couples before they get married. These agreements outline the rights and responsibilities of each party in the event of a divorce or separation. In Ohio, antenuptial agreements are governed by various laws and court decisions that provide guidance on the formation, enforceability, and interpretation of antenuptial agreements in Ohio....In Ohio, What are the Most Common Ways Antenuptial Agreements are Attacked in Court? R.C. 2106.22 sets forth the requirements for the enforceability of antenuptial agreements in Ohio. It states that for an antenuptial agreement to be valid, it must be in writing and signed by both parties. Additionally, the agreement must be entered into voluntarily, without any coercion or duress. Both parties must also provide full and fair disclosure of their assets, debts, and financial obligations....

Indiana: Explanation of Prenuptial and Postnuptial Agreements

By Chris Wise on September 5, 2023

Premarital and postnuptial agreements, also known as prenuptial agreements, antenuptial agreements, marital agreements, and reconciliation agreements, are legal contracts entered into by couples before or during their marriage, respectively. These agreements outline the how assets will be divided, as well as rights and obligations of each party in the event of a divorce, separation, or death. Such agreements have two primary purposes, namely (1) to provide certainty in determining the property with which each spouse will leave the marriage, and (2) to alter the property allocation which would, or might, result from the application of the law.

Indiana: Explanation of Child Support and the Income Shares Model Used in Indiana

By Chris Wise on August 30, 2023

Indiana: Explanation of Child Support and the Income Shares Model Used in Indiana. The Basics of Child Support in Indiana. Child support is a legal obligation that ensures both parents contribute financially to the upbringing and well-being of their children. In Indiana, child support is determined based on the income shares model, which takes into account the income of both parents and the needs of the child. .... What is the Importance of Indiana Child Support Guideline 1 and the Indiana Child Support Rule 3 In Determining the Calculation of Child Support? Indiana Child Support Guideline 1 provides detailed instructions on how to calculate child support using the income shares model. ...Can Income be Imputed in Child Support Calculations in Indiana? Nikolayev v. Nikolayev, 985 N.E.2d 29 (Ind. Ct. App. 2013), is a case that addressed the issue of imputed income in child support calculations. Imputed income refers to the potential income that a parent could earn, even if they are currently unemployed or underemployed. ... Can You Request a Modification of Child Support in Indiana? Modifying child support requires a legal process that involves demonstrating a substantial and continuing change in circumstances that justifies a modification. In the case of Copple v. Swindle, the Indiana Court of Appeals clarified the standard for modifying child support. ...

Ohio: Explaining Imputing Income in Child Support Cases in Ohio

By Chris Wise on August 29, 2023

What is Imputing Income in Child Support and When is Imputing Incomes Appropriate under Ohio Law? Imputing income in child support cases refers to the process of attributing or assigning income to a parent for the purpose of calculating child support obligations. Ohio law recognizes that parents have a legal and financial responsibility to support their children, and imputing income is a mechanism to ensure that child support orders are fair and equitable...What is the Two-Part Test for Imputation Analysis in Child Support Cases Under Ohio Law? The two-part test for imputation analysis consists of the following elements: ...Does Ohio Law Permit Any Exceptions to the Imputation of Income in Child Support Cases? Under Ohio law, the imputation of income is a mechanism used to attribute or assign income to a parent for the purpose of calculating child support obligations. However, R.C. 3119.05(I) provides certain exceptions to the imputation of income, which I will outline below:...

Understanding Ohio's Jurisdiction and Requirements for Filing Child Custody Actions

By Chris Wise on August 23, 2023

When is Ohio the proper state to file a child custody action? Under R.C. 3127.15, Ohio has jurisdiction to make an initial child custody determination if it is the child's home state. The term "home state" is defined as the state where the child has lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of the child custody proceeding....

Indiana: Understanding Child Custody

By Chris Wise on August 22, 2023

Defining Indiana’s “Child Custody.” The term “child custody,” in family law, is not defined by the Indiana Code directly, though “Custodian,” has been defined under juvenile law to mean, “a person with whom a child resides.” However, this begs the question, how long must the child reside in a home before a person is considered […]

1 2 3 Next »

community choice awards winner

Christopher Wise

Rated by Super Lawyers

loading ...

Top Divorce Lawyer in Louisville

Top Family Lawyer in Louisville

Top Child Support Lawyer in Louisville

Wise Law LLC
303 Middletown Park Place
Suite G, Box 10
Louisville, KY 40243

502-618-0000 info@wiselawllc.com

Cincinnati Office

Indianapolis Office

Lexington Office

Attorney Advertising. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. This website provides general information, it does not constitute legal advice.

© Copyright