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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.
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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....
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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. ...
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