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My husband cheated with a woman who’s now pregnant. I don’t want to leave my husband. How do I make sure our children continue to be supported if the other woman files for child support? Can I file for child support against my husband if we still live together as husband and wife?

My husband cheated with a woman who’s now pregnant. I don’t want to leave my husband. How do I make sure our children continue to be supported if the other woman files for child support? Can I file for child support against my husband if we still live together as husband and wife?

Drunk driving is known as driving under the influence (DUI) in some states and driving while intoxicated (DWI) in other states. Still others use the term operating under the influence (OUI). Such crimes are considered to be among the most serious of driving offenses — not surprisingly, as they cause

I’m a service member in the United States military and my home of record is Kentucky but neither I nor my spouse have resided in or been stationed in Kentucky for the last 6 months. I pay taxes in Kentucky. Can I file divorce in Kentucky?

I’m a service member in the United States military and my home of record is Kentucky but neither I nor my spouse have resided in or been stationed in Kentucky for the last 6 months. I pay taxes in Kentucky. Can I file divorce in Kentucky?

Home of Record Home of record is useful for several things, including state income taxes; however, each state is different when it comes to whether the Courts in the state have the power to issue a divorce decree. Kentucky Jurisdiction In Kentucky, one of the spouses must have resided orRead More …

Can my spouse (husband or wife) keep me married in Kentucky?

Can my spouse (husband or wife) keep me married in Kentucky?

What the Court considers The court must look at all relevant factors including the circumstances that gave rise to filing the petition and the prospect of reconciliation if one of the parties has denies the marriage is irretrievably broken in sworn testimony. Sworn testimony takes many forms including an affidavit,Read More …

What does “Living Apart” mean?

What does “Living Apart” mean?

Divorce in Kentucky The law in Kentucky requires that you “live apart” for a period of time. See our blog on Divorce Without Waiting for more details. #JohnSchmidtLaw “Living Apart” The statute defines “Living Apart” as living under the same roof without sexual cohabitation. Some couples cannot afford two homes,Read More …

In Kentucky, we don’t have children so I’m told I can get a divorce without waiting. Is that true?

In Kentucky, we don’t have children so I’m told I can get a divorce without waiting. Is that true?

The law states that no decree can be entered until the parties have “lived apart” for 60 days. If you’ve “lived apart” for 60 days and there are no children, then a decree may be entered without an additional wait. The key is whether husband and wife have “lived apart”Read More …

DUI Penalties

DUI Penalties

If you or someone you love has been arrested for drunk driving, also known as driving under the influence (DUI), then hiring an attorney may help minimize the costs and, if applicable, the jail time you or your loved one faces for driving under the influence (DUI). The penalties forRead More …

What can I do if my ex’s girlfriend video tapes all exchanges?

What can I do if my ex’s girlfriend video tapes all exchanges?

Couples who split up have their difficult times; however, more trouble gets stirred up by the boyfriends, girlfriends, and extended family than one might imagine. I’ve heard judges tell the parties to behave like responsible adults and to tell boyfriends, girlfriends, and extended family to stop meddling. Not bad advice. AdultRead More …

Separation of Powers

Separation of Powers

The Legislature makes the laws, the Executive enforces the laws, and the Court interprets the laws.  “If lawmakers do not like the laws they’ve passed and we are charged to enforce, then they should have the courage and skill to change the laws,’’  Homeland Security Secretary John Kelly https://www.google.com/amp/s/www.rt.com/document/58f67b46c4618802118b45fb/amp

What must I do to change my name in the divorce?

What must I do to change my name in the divorce?

In Kentucky, you may go back to your maiden name or change your name by asking the court to order the name change. How do I ask the court to order the name change? It’s as simple as making certain it’s indicated on the VS300 and in the motion toRead More …

How long before drug use shows up in hair follicle drug test?

How long before drug use shows up in hair follicle drug test?

Blood vessels surround hair follicles underneath the scalp, so drugs in the bloodstream incorporate and bind to the hair follicles underneath the scalp. It takes approximately 3 – 5 days for hair with drugs incorporated or bound to the hair follicles under the scalp to reach the top of theRead More …

Can I change the property division portion of a divorce decree?

Can I change the property division portion of a divorce decree?

The property division portion of a divorce decree is generally not modifiable absent fraud or some other highly unusual circumstance. KRS 403.250(1) states in relevant part: “The provisions as to property disposition may not be revoked or modified, unless the court finds the existence of conditions that justify the reopeningRead More …

Wouldn’t Hair Treatments Beat Hair Follicle Drug Test?

Wouldn’t Hair Treatments Beat Hair Follicle Drug Test?

Shampoos, dyes, bleaches, etc. do not affect the drug testing analysis because drugs in the bloodstream are able to incorporate and bind to the hair follicles underneath the scalp. Drug tests may show drug use, but many times drug use alone falls short of the proof necessary for the governmentRead More …

DUI and DWI Overview

DUI and DWI Overview

Drunk driving is known as driving under the influence (DUI) in some states and driving while intoxicated (DWI) in other states. Still others use the term operating under the influence (OUI). Such crimes are considered to be among the most serious of driving offenses — not surprisingly, as they cause

Bail: Getting Out of Jail After an Arrest

Bail: Getting Out of Jail After an Arrest

Bail is cash, a bond, or property that an arrested person gives to a court to ensure that he or she will appear in court when ordered to do so. If the defendant doesn’t show up, the court keeps the bail and issues a warrant for the defendant’s arrest.

Could other proceedings over which I will have very little control be triggered if I seek an Emergency Protective Order (EPO) & Domestic Violence Order (DVO)?

Could other proceedings over which I will have very little control be triggered if I seek an Emergency Protective Order (EPO) & Domestic Violence Order (DVO)?

Yes. The prosecutor may decide the case warrants an investigation for criminal charges, an investigation by the Cabinet for Health and Family Services for abuse or neglect, etc. It is possible that people may be removed from their homes, warrants get issued for the arrest of one or more people,Read More …

How do I appeal a substantiation of abuse by Child Protective Services (a/k/a CPS)?

How do I appeal a substantiation of abuse by Child Protective Services (a/k/a CPS)?

To request an administrative hearing for appeal of finding of child abuse or neglect by the Cabinet for Health and Family Services (a/k/a Cabinet), please complete the form: DPP-155 Request for Appeal of Child Abuse or Neglect Investigative Finding (Spanish).doc DPP-155 Request for Appeal of Child Abuse or Neglect InvestigativeRead More …

My spouse makes it difficult for me to exercise my court ordered rights …

My spouse makes it difficult for me to exercise my court ordered rights …

If you have court ordered rights that the spouse seems bent to thwart, then your can seek enforcement and punishment for contempt of court. In any event, bring the issue to the Court’s attention as soon as possible so the Court can help solve the problem. If you fear a lifeRead More …

My child is 11 and hates going to his dad’s on weekend. Do I have to make him go when he throws a fit to stay with me?

My child is 11 and hates going to his dad’s on weekend. Do I have to make him go when he throws a fit to stay with me?

As with so many things in the law, it depends. Do you have a separation agreement that covers parenting time? Do you have an agreed upon or court ordered parenting schedule? I’d recommend that you call my office at 502-587-1950 or 502-509-1490 to schedule a consultation if you have anRead More …

Should I hire a private attorney to represent me in a Dependency, Neglect, and Abuse action

Should I hire a private attorney to represent me in a Dependency, Neglect, and Abuse action

Dependency, Neglect, and Abuse (DNA) actions can be among the most sensitive matters any attorney or client will face.
They are highly confidential and the Court’s strong concern for the safety of children often conflicts with the rights parents want to assert. If you’ve been named in a DNA petition, you are probably aware that the Court will appoint an attorney called a Guardian Ad Litem (GAL) for the child and will provide you with counsel if you do not want to hire a private attorney.

Does record title matter in property division?

Does record title matter in property division?

Many people considering divorce in Kentucky are surprised to learn that the state’s marital property law might not provide them an outcome they want.

My thoughts on how to lose weight and get in shape in a healthy way

My thoughts on how to lose weight and get in shape in a healthy way

They tell you to change your exercise and diet. I tried gym memberships and I went for a time but ended up paying a monthly fee for no value just like so many other people. I tried juicing, different diets, etc and I managed to maintain the plan for a time but not for the long haul. I had to solve these issues. I started going to CrossFit because I was challenged by my younger brother.

Bankruptcy, Maintenance, and Child Support

Bankruptcy, Maintenance, and Child Support

Many bankruptcy clients are subject to various debt obligations as a result of divorce decrees or separation agreements. These obligations can be significant, and are often in the form of spousal maintenance and child support. While we discourage clients from using the bankruptcy process to avoid obligations to their former spouse or children, the laws regarding discharge of those obligations often affect outcomes for clients who are simply trying to get their finances in order. If you are considering filing for bankruptcy, it is important for you to understand what can and cannot be discharged in bankruptcy.

As a confidential informant, can I get my felony charge dismissed?

As a confidential informant, can I get my felony charge dismissed?

While there is no hard and fast rule, the rule of thumb is that a confidential informant needs to reveal at least three significant new busts to the authorities for discharge to be on the table. However, the decision to recommend dismissal of the charge rests with the prosecution. Ultimately,Read More …

Could my payment amount change after I file Chapter 13 bankruptcy?

Could my payment amount change after I file Chapter 13 bankruptcy?

Yes, your payment amount could change if the fees and amount to be paid to creditors exceeds the amount that will be paid into the plan. I will not attempt an exhaustive list of causes. Sometimes, clients miss payments or the interest on secured debt causes the plan to needRead More …

I filed Chapter 13 bankruptcy but recently lost my job. What do I do?

Contact the attorney who filed your Chapter 13 bankruptcy for you if you lose your job or your circumstances change for the worse. It is possible to get relief on a temporary basis if you think your situation is temporary and it may be possible to amend the plan ifRead More …