The Wise Law mission is to raise the standard practice of law, specifically in the areas of family and child welfare law. We work to do this through our subscription-based billing model and our intentional communication. Our areas of practice include divorce, child custody, child support, modifications, domestic violence, and juvenile law.
Both contested and uncontested divorces can cause a tremendous amount of stress. Our Clients typically ask us what divorce will mean for their children, their home, their retirement, and their debts. Commonly, I speak with individuals who feel broken and need guidance on what they should do.
Trust is the foundation of our relationship with clients. We focus on active listening and communication to reduce the amount of anxiety typically felt by clients who do not know what to expect in regards to their divorce. Time spent talking with our clients is never a waste. From our initial consultation, we discuss what divorce will likely mean for you. We want to know your concerns and what "success" means to you. After our initial consultation we meet with you to review your concerns and discuss many of our clients concerns such as:
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Child Custody
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Parenting Time
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Property Division
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Maintenance (Alimony)
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Retirement Account Division, etc.
Our goal, as your attorney, is to reduce your fear of the unknown in regards to your divorce.
In Kentucky, the court is required to determine custody in accordance with the best interests of the child with equal consideration shall be given to each parent and to any de facto custodian. Kentucky law has implemented a presumption, rebuttable by a preponderance of evidence, that joint custody and equally shared parenting time is in the best interest of the child. If a deviation from equal parenting time is warranted, the court is required to construct a parenting time schedule which maximizes the time each parent or de facto custodian has with the child and is consistent with ensuring the child’s welfare.
A “de facto” parent, or “de facto custodian,” is one who has been shown by clear and convincing evidence to have been the primary care-giver for, and financial supporter of, a child who has resided with the person for a period of six months or more if the child is under three years old or for twelve months if the child is three or older.
Joint custody is based upon the simple presumption that the parties will be able to communicate to resolve issues involving the children. If communication becomes impossible for some reason, it may be appropriate to ask to modify joint custody to sole custody for one parent. Similarly, if a parent is unhappy with the other’s behavior as sole custodian, it could be appropriate to request a modification to joint custody. If a change in custody is sought less than two years after an entry of custody decree, then a party must demonstrate that the child’s present environment may endanger seriously his physical, mental, moral or emotional health, or the custodian appointed under the prior decree has placed the child with a de facto custodian.
Wise Law operates under the philosophy that clients are not merely numbers, but actual people who deserve better than the status quo. Our clients all have different needs and the same solutions may not work for every person. We work with every client individually to reach a resolution that meets their definition of success.
In most cases, to calculate child support you will need:
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The gross income of each parent,
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The number of minor children,
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Whether either parent is financially supporting prior born minor children, and
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Whether either parent is paying court-ordered maintenance.
Once these factors are determined, the calculations are made on the “child support chart” using the Kentucky Child Support Guidelines (KRS 403.212). Only after making specific findings on the record are the courts allowed to deviate from the child support guidelines.
Child support order can be increased or decreased only upon a showing of a material change in circumstances that is substantial and continuing. Under KRS 403.213, after a one year period, a rebuttable presumption that a 15% change in the amount of support due is sufficient to prove a material change in circumstances. Prior to the one year period, the percentage is 25%.
Do not go through this alone. If you have questions about how Wise Law could help you establish, collect, modify, or terminate child support, please don’t hesitate to schedule a free consultation today.
Joint custody is based upon the simple presumption that the parties will be able to communicate to resolve issues involving the children. If communication becomes impossible for some reason, it may be appropriate to ask to modify joint custody to sole custody for one parent. Similarly, if a parent is unhappy with the other’s behavior as sole custodian, it could be appropriate to request a modification to joint custody. Any modification of custody is governed by KRS 403.340. If a change in custody is sought less than two years after an entry of custody decree, then a party must demonstrate that the child’s present environment may endanger seriously his physical, mental, moral or emotional health, or the custodian appointed under the prior decree has placed the child with a de facto custodian.
Child support order can be increased or decreased only upon a showing of a material change in circumstances that is substantial and continuing. Under KRS 403.213, after a one year period, a rebuttable presumption that a 15% change in the amount of support due is sufficient to prove a material change in circumstances. Prior to the one year period, the percentage is 25%.
Life changes fast. If you have questions about how Wise Law could help you modify child custody, child support, or previously agreed upon Marital Settlement Agreements, please don’t hesitate to schedule a free consultation today.
We are here to listen to the needs of every client. Everyone who walks through our doors or calls us on the phone is going through something that can have major implications for their family. Domestic violence and abuse are defined to mean:
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Physical injury, serious physical injury, sexual abuse, assault, or
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The infliction of fear of imminent physical injury, serious physical injury, sexual abuse, or assault.
The domestic violence statutes provide protection for family members and members of an unmarried couple. “Family member” includes a person’s spouse or former spouse and it includes any relative, so that the perpetrator’s children, stepchildren, grandparents, and siblings all may file seeking protective orders against the perpetrator. “Members of an unmarried couple” are defined as unmarried couples who have children in common (and the children of such a couple) and couples who are living together or have formerly lived together.
The language of the statutes is gender-neutral and does not provide for the denial of protective orders based upon the sexual orientation of the parties.
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.
