Family Law

Let’s take on your case together.

Divorce and other family law disputes (custody, support, alimony) create a difficult time for all involved. You want to resolve the dispute and get back to your life with peace of mind. We at Meyman Law want to make sure that happens quickly and correctly.

Whether you want to protect your property, see your children more often, or enter a prenuptial agreement, you should not have to go through it alone.

Let us do the heavy lifting for you. Let’s take on your case together. Call/text us today at 859-600-6529.

You can also email us at contact@meymanlaw.com or fill out the “Contact a Lawyer” form. We take your time seriously and will get back to you shortly.

Call / Text Us

859-600-MLAW (859-600-6529)

Email Us

contact@meymanlaw.com

Separation Agreements

Meyman Law PLLC handles issues including divorce, child support, child custody, visitation, and maintenance (also known as “alimony”).
Upon divorce, if you and your soon-to-be ex spouse agree on all issues, Meyman Law PLLC will gladly draft a separation agreement (also known as a property settlement agreement). If the court does not find the agreement unconscionable, it will incorporate the agreement into the divorce decree (meaning it will be enforceable). The court will generally defer to agreement provisions in the future (except that it will freely modify provisions dealing with child support, custody, and visitation). KRS 403.180(2).
Except for terms of a separation agreement relating to children, a separation agreement may expressly limit or preclude a court from modifying it. KRS 403.180(6).

KRS 403.180

"Separation agreement --Court may find unconscionable."

KRS 403.180(2)

"In a proceeding for dissolution of marriage or for legal separation, the terms of the separation agreement, except those..."

KRS 403.180(6)

"Except for terms concerning the support, custody, or visitation of children, the decree may expressly preclude or limit..."

Maintenance

Also known as “alimony,” Kentucky courts may award maintenance regardless of the recipient’s gender.
You are not precluded from receiving maintenance simply because you are employed or unemployed (though the court may impute income to a maintenance claimant).
In order for an unemployed maintenance claimant to receive an award of maintenance, he or she must be unable to provide for himself or herself through gainful employment. Leitsch v. Leitsch, 839 S.W.2d 287, 289 (Ky. App.1992).
The court will not decide the maintenance award until it divides the couple’s property. See KRS 403.200.
The property division will affect the maintenance award (the court will also consider nonmarital property). Low v. Low, 777 S.W.2d 936, 937 (Ky. 1989).
Fault of the maintenance claimant will not preclude the court from making a maintenance award; however, it can affect the amount and duration of maintenance. Chapman v. Chapman, 498 S.W.2d 134, 138 (Ky. 1973).
However, the court will not consider the fault of the party from whom maintenance is sought. Platt v. Platt, 728 S.W.2d 542, 544 (Ky. App. 1987).

Leitsch v. Leitsch

839 S.W.2d 287, 289 (Ky. App.1992)

KRS 403.200

"Maintenance – Court may grant order for either spouse."

Low v. Low

777 S.W.2d 936, 937 (Ky. 1989)

Chapman v. Chapman

498 S.W.2d 134, 138 (Ky. 1973)

Platt v. Platt

728 S.W.2d 542, 544 (Ky. App. 1987)

Child Custody, Visitation, & Timesharing

Kentucky law does not favor mothers over fathers or vice versa.
Parents generally have superior right to custody above all other individuals (as long as the parents are fit for parental duties and haven’t given up the right) (except de facto custodians, who have equal right to that of parents). Welsh v. Young, 240 S.W.2d 584, 586 (Ky. 1951); Mullins v. Picklesimer, 317 S.W.3d 569, 573-74 (Ky. 2010).
In order to qualify as a de facto custodian, the individual must be the primary caregiver and financial provider for the child; if the child is under three (3) years of age, the individual must have lived with the child for six (6) months or more. Mullins, supra (citing KRS 403.270(1)(a)).
Timesharing/visitation is not the same as custody. Pennington v. Marcum, 266 S.W.3d 759, 764-65 (Ky. 2008). The term “custody” involves the legal authority to make decisions on the child’s behalf. Id. Usually, custody arrangements are designated as “sole” or “joint.” Id. However, Kentucky courts have developed a hybrid known as “shared custody.” Id.
The terms “timesharing” and “visitation” are typically used interchangeably, though “visitation” has more of a sole custody connotation. Id.
Modification of timesharing/visitation is always governed by KRS 403.320, whereas the statute governing modification of custody is governed by whether the modification sought is pre or post custody decree. Id.
Pre decree custody decisions are based on KRS 403.270 (the best interests of the child standard). Id. Contrastingly, post decree custody modification depends on whether the modification is sought within or after two years from the entry of the decree. Id. at 767. If the modification is sought within two years of the custody decree, the court will use the standard in KRS 403.340(2) (which requires proving either that the child is in danger or the decreed custodian has placed the child with a de facto custodian). Id. If it has been more than two years since the custody decree, the court will use KRS 403.270 and KRS 403.340(3). Id.

Welsh v. Young

240 S.W.2d 584, 586 (Ky. 1951)

KRS 403.320

"Visitation of minor child --Military deployment of parent or custodian --Visitation rights of custodial relatives following termination of parental rights of others."

Pennington v. Marcum

266 S.W.3d 759, 764-65 (Ky. 2008)

KRS 403.270(1)(a)

"...'de facto custodian' means a person who has been shown by clear and convincing evidence to have been the primary caregiver for, and financial supporter..."

Mullins v. Picklesimer

317 S.W.3d 569, 573-74 (Ky. 2010)

KRS 403.270

"Custodial issues --Best interests of child shall determine --Joint custody permitted --De facto custodian."

KRS 403.340(2)

"No motion to modify a custody decree shall be made earlier than two (2) years after its date, unless..."

KRS 403.340(3)

"If a court of this state has jurisdiction pursuant to the Uniform Child Custody Jurisdiction Act, the court shall not modify..."

Child Support

A child support action may be brought in the county where the child resides or where the respondent (child support obligor) resides. KRS 403.211.
Modification of child support is only retroactive to the date of the filing of the motion. Pretot v. Pretot, 905 S.W.2d 868, 871 (Ky. App. 1995).
Each child support payment becomes vested when due and cannot be retroactively modified. Thompson v. Thompson, 172 S.W.3d 379, 381 (Ky. 2005).
A change in custody will not automatically serve to change child support. Price v. Price, 912 S.W.2d 44, 46 (Ky. 1995).
Child support may only be modified upon a showing of a material change in circumstances that is substantial and continuing. KRS 403.213(1).
The amount of child support due per month is based on application of the Kentucky Child Support Guidelines (“the Guidelines”). KRS 403.212.
Courts may deviate from the Guidelines if their application would be unjust or inappropriate. KRS 403.211(2).
If application of the Guidelines to the parties’ circumstances results in a 15% or more change in the amount due each month, it is presumed to be a material change in circumstances. KRS 403.213(2).
The court will allocate between the parents costs for the child’s healthcare and child care in addition to the ordered child support amount. KRS 403.211 (6) and (7).
Unless otherwise agreed in writing or by decree, child support will stop at the later of when the child is emancipated (by turning 18) OR when the child graduates high school. KRS 403.213(3).

KRS 403.213(3)

"...provisions for the support of a child shall be terminated..."

KRS 403.211

"Action to establish or enforce child support"

KRS 403.213(2)

"Application of the Kentucky child support guidelines to the circumstances..."

KRS 403.212

"Child support guidelines --Terms to be applied in calculations"

KRS 403.213(1)

"The Kentucky child support guidelines may be used by..."

Price v. Price

912 S.W.2d 44, 46 (Ky. 1995)

Thompson v. Thompson

172 S.W.3d 379, 381 (Ky. 2005)

Pretot v. Pretot

905 S.W.2d 868, 871 (Ky. App. 1995)

Jurisdictional Issues in Family Law

You can still obtain a divorce in Kentucky even if your spouse lives in another state.
However, in order to obtain other relief such as child support orders, the court needs to be able to exercise personal jurisdiction over your spouse under one of Kentucky’s long arms statutes (KRS 454.220, KRS 407.5201, KRS 454.275, or KRS 454.210(2)(a)(6)).
If one of the spouses is absent, Kentucky courts cannot divide marital property even if the property is located in Kentucky, unless the requirements of one of the above long arm statutes is met.
In addition to personal jurisdiction over the nonresident defendant, the Kentucky court needs to have subject matter jurisdiction (also known as continuing exclusive jurisdiction) over the child support or child custody dispute.
Kentucky has continuing, exclusive jurisdiction over its own child support orders as long as the child and one of the parents remains in Kentucky. KRS 407.5205(1)(a).
One common way to divide Kentucky marital property is if the parties previously maintained a marital domicile in Kentucky. KRS 454.220. However, any relief sought under KRS 454.220 must be exercised within a year of one of the parties changing their domicile.
KRS 454.220 is also a vehicle for a Kentucky court to decide issues of maintenance when one of the spouses is a nonresident.
The UCCJEA (adopted in 49 states) (KRS 403.800 to KRS 403.880) governs interstate child custody disputes.
- Kentucky courts can enforce an out of state child support order if it is properly registered.
- If one of the parties or the child continues living in the issuing state of the order, Kentucky courts favor letting that court continue making decisions.
- Oddly enough, Kentucky does not have jurisdiction to modify another state’s support order if none of the parties live in the issuing state anymore AND the obligee (the one to whom child support is paid) lives in Kentucky. Roberts v. Bedard, 357 S.W.3d 554, 558 (Ky. App. 2011).

KRS 403.800 - KRS 403.880

"Uniform Child Custody Jurisdiction and Enforcement Act"

KRS 407.5205(1)(a)

"As long as this state remains the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or..."

KRS 454.210(2)(a)(6)

"Having an interest in, using, or possessing real property in this Commonwealth, providing the claim arises from..."

KRS 454.275

"Personal service on person whose marital domicile is in Kentucky."

KRS 407.5201

"Basis for jurisdiction over nonresident."

KRS 454.220

"Personal jurisdiction of courts over nonresidents in certain domestic relations matters."

Roberts v. Bedard

357 S.W.3d 554, 558 (Ky. App. 2011)