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Kentucky Family Law Questions & Answers
1 Answer | Asked in Banking, Family Law and Immigration Law for Kentucky on
Q: I paid 17k cash to buy a car. And i got the money from my family and friends. I donot work. And i just got to know that,

The dealership reported to irs about the purchase. What are the chances of me getting audited? And can i say i got the money from my friends as the source? And will they ask to person, whom i got money from, the source of money?

James L. Arrasmith
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answered on Apr 3, 2024

In this situation, there are a few important points to consider:

1. Large cash transactions: Car dealerships are required to report cash transactions exceeding $10,000 to the IRS using Form 8300. This is part of the IRS's efforts to combat money laundering and other illegal activities....
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2 Answers | Asked in Divorce, Real Estate Law and Family Law for Kentucky on
Q: How will a couple’s divorce impact my rights on a property I co-own with them?

My name and the husband are named on the deed, not the wife, but because Kentucky is a dower state, she has interest. She is not a borrower for the mortgage and only signed the mortgage to acknowledge dower rights; her name is not on the loan. She has expressed to the judge that she does not want... View More

Anna Aleksander
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Anna Aleksander
answered on Mar 26, 2024

This is a complicated question that should be best answered by a lawyer in a one on one consultation. The answer should involve analysis of several items and facts including the review of the deed to see if house is held in joint tenancy or in a tenancy in common. First, in Kentucky anything... View More

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1 Answer | Asked in Child Support, Social Security and Family Law for Kentucky on
Q: Can child support take my back pay from ssi

I'm owed back pay for disability can child support take it

James L. Arrasmith
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answered on Mar 2, 2024

Okay - let's analyze whether child support can take back pay from SSI (Supplemental Security Income) disability benefits. Typically a few key factors come into play here:

- SSI back pay is generally protected from creditors and debt collection to some extent. So child support may be...
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2 Answers | Asked in Family Law and Social Security for Kentucky on
Q: We are 2 males planning on marriage. I wish to retain my given surname followed with his. How do we make it legal

We want to avoid all possible situations where identity might be questioned or the legality of my assuming his name. Do I have to go through the process of a literal name change, or will the marriage certificate cover everything when I am listed as Timothy Rob.... Her....er?

James L. Arrasmith
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answered on Feb 22, 2024

In Kentucky, as in many states, marriage provides a legally recognized basis for changing your name. If you plan to take your spouse's surname or create a hyphenated or combined surname after marriage, you typically can do so by using your marriage certificate as the legal document required... View More

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2 Answers | Asked in Criminal Law, Divorce, Family Law and Civil Rights for Kentucky on
Q: I have concerns about harassment from my Ex -Husband and his wife. Divorce occurred 11/2016.

He is already on his second marriage past ours. His current wife sent downgrading, belittling text messages at all different hours and times of day night. Not including or limited to 4:02 am, midnight Am/PM, etc. My ex husband did and does yeh same thing. Started really bad October 2022, in May... View More

James L. Arrasmith
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answered on Jan 22, 2024

Dealing with ongoing harassment from an ex-spouse is a difficult and distressing situation. It's important to take steps to protect yourself. Since you've already sent a cease and desist letter and the harassment has continued, the next step may be to consider legal action.

In...
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2 Answers | Asked in Child Custody and Family Law for Kentucky on
Q: How would I file a modification for custody in Kentucky when both parties are in agreement without a lawyer.

The court house said they don’t have specific paper work and I can file with fee’s without a layer but I better know how to do it right in which I have no idea and there’s no way I can afford a lawyer and there is no legal aid for this.

T. Augustus Claus
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answered on Jan 12, 2024

In Kentucky, if both parties are in agreement to modify custody, you may be able to proceed without a lawyer. To initiate the process, you typically need to file a motion or petition with the family court that issued the original custody order. While the courthouse may not provide specific forms,... View More

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2 Answers | Asked in Family Law, Gov & Administrative Law, Military Law and Public Benefits for Kentucky on
Q: My daughter's father was killed over seas. He was in the United States army once stationed at ft Knox and fort polk

What can I do about getting my daughter's benefits from his death for support for my child his name is xx

James L. Arrasmith
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answered on Jan 17, 2024

I'm sorry to hear about your loss. To pursue benefits for your daughter due to her father's service and untimely death, you should start by contacting the Department of Veterans Affairs (VA). They provide various benefits to dependents of deceased service members, including Dependency and... View More

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2 Answers | Asked in Family Law, Gov & Administrative Law, Military Law and Public Benefits for Kentucky on
Q: My daughter's father was killed over seas. He was in the United States army once stationed at ft Knox and fort polk

What can I do about getting my daughter's benefits from his death for support for my child his name is xx

Robert Donald Gifford II
Robert Donald Gifford II
answered on Jan 9, 2024

Order his military records from St. Louis from the National Archives. You can find that information online. I would request the entire file, to include medical, DD214, etc. Once you receive, go to the Veteran's Administration website and they will give additional guidance. You may also get... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Kentucky on
Q: What is standard arrangement of custody for two parents in different states with special needs child.

My 2.5 yo has spastic quadriplegic cerebral palsy and autism. I have sole custody with visits at my discretion. Dad hasn’t seen child since 2021 and has called 6 times in over three months. Got served with child support and asked me to have someone adopt him so he could signs rights away and get... View More

Timothy Denison
Timothy Denison
answered on Dec 13, 2023

If you already have sole custody, it is highly unlikely he is going to be able to change that bc the standard of proof is a high threshold. Additionally, if you have been living in your state for more than six months, any custody action should be brought where you and the child reside. You are... View More

1 Answer | Asked in Civil Rights, Divorce and Family Law for Kentucky on
Q: Is my realtor giving my phone number to my ex after being asked not to a privacy violation?

I am going through a divorce and the marital home is for sale. When hiring the realtor, I asked that my number not be given to my soon to be ex husband, due to previously changing my number because of harassment by him. I was verbally promised my number would never be shared with him or disclosed... View More

James L. Arrasmith
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answered on Dec 9, 2023

In your situation, where your realtor shared your phone number with your ex-husband despite a verbal agreement not to, it could potentially be considered a violation of your privacy. The key issue here is the promise made by the realtor and whether it can be legally enforced.

Verbal...
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1 Answer | Asked in Divorce and Family Law for Kentucky on
Q: KY divorce. Judge entered Findings of Fact / property division on November 3. I want to appeal. By when do I need to fil

file the intent to appeal? By Dec 3? Or by 30 days after the final judgement order which will be in January? Looking for a lawyer currently.

Timothy Denison
Timothy Denison
answered on Dec 1, 2023

You have to appeal within thirty days of the date of entry of the order. If it was entered November 3, your notice of appeal would be due December3. December 3 is a Sunday, so by rule you would have until Monday, December 4, within which to file your notice.

2 Answers | Asked in Child Support, Family Law, Adoption and Child Custody for Kentucky on
Q: If a parent voluntarily signs away rights for their child to be adopted can their child support be forgiven

If the adoptive parent consents when the bio parent is a over $4000 behind

T. Augustus Claus
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answered on Nov 27, 2023

When a parent surrenders their parental rights, they are essentially giving up all of their rights and responsibilities to the child. This includes the right to have contact with the child, the right to make decisions about the child's upbringing, and the right to receive child support from... View More

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1 Answer | Asked in Family Law for Kentucky on
Q: My partner bought her daughter, my step daughter, a vape pen. She is only 15 years old. We live in KY. Is this illegal?

I found out from my step daughter that her mother, my partner, bought her a nicotine vape pen. She said she was curious and just asked, and she said ok. For multiple reasons, I have decided to leave the relationship. Personally I am torn on whether or not to report it. I love my child as if they... View More

Timothy Denison
Timothy Denison
answered on Oct 27, 2023

Technically, it is not illegal but I agree it is a poor practice. You are under no obligation to report anything to anyone. If you are leaving the relationship, I would not report it. Looks retaliatory. If this kind of conduct continues, it will come out in the wash anyway.

2 Answers | Asked in Divorce and Family Law for Kentucky on
Q: If my husband put the down payment on our first house is he entitled to all of it back if we divorce in Kentucky?
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answered on Oct 18, 2023

In Kentucky, during a divorce, property division is typically based on equitable distribution, not necessarily giving the full value of the house to the spouse who made the down payment. Various factors, including contributions from both spouses, are considered. For personalized legal advice... View More

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3 Answers | Asked in Family Law, Child Custody and Child Support for Kentucky on
Q: Do you have to file a response to every motion filed against you?
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answered on Sep 22, 2023

In Kentucky, as in many jurisdictions, you generally do not have to respond to every motion filed against you, but choosing not to respond could have consequences. When a motion is filed, it usually sets forth a legal argument or request that the court will consider. If you do not file a response,... View More

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2 Answers | Asked in Criminal Law, Family Law, Civil Rights and Juvenile Law for Kentucky on
Q: I have a bench warrant & need to renew my license in Campbell Co. I've secured insurance since. Will I be arrested?
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answered on Sep 22, 2023

If you have an active bench warrant against you, you run a significant risk of being arrested if you go to a government office like the DMV to renew your license. Bench warrants are usually entered into a statewide database accessible by law enforcement, including the officials who work in DMV... View More

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2 Answers | Asked in Family Law, Child Custody and Constitutional Law for Kentucky on
Q: Whats the point of motion hour?

I know they are a couple different ones but representing yourself shouldnt you have the right to speak on your own behalf? A motion was filed with accusations, i didnt see anywhere that it may have said it was Ex parte? So if I go shouldnt i be allowed to speak at the motion hour before the judge... View More

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answered on Oct 15, 2023

Motion hour, often referred to as "motion calendar" or "motion docket," is a designated time when a court hears various motions filed in pending cases. The purpose is to manage caseloads efficiently and address pre-trial matters. If you are representing yourself (pro se), you... View More

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2 Answers | Asked in Divorce and Family Law for Kentucky on
Q: If I file for divorce, win a major lottery prize & don't claim it until after the divorce...will I have to split it?

Will I have to split the winnings with my ex spouse if I wait until after the divorce is final to claim the prize?

Leland Hulbert
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Leland Hulbert
answered on Sep 12, 2023

Kentucky is a an equity state and a Court would have to determine what is equitable / fair for both parties. If the ticket was purchased and the lottery drawing was during marriage then she would likely be entitled to a percentage of the profits as the tickets were likely purchased with marital... View More

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1 Answer | Asked in Family Law for Kentucky on
Q: My sister had my mother add her and her husband on the deed to my mothers home. My father passed away several years ago.

Is there anything legally I can do if or when she passes away? Thanks

Timothy Denison
Timothy Denison
answered on Sep 4, 2023

You need to do it now. If your mother is disabled or unduly influenced, you need to challenge it while she is still alive. If she made the decision to add the husband of her own free will, then there’s not much you can do.

1 Answer | Asked in Child Custody, Child Support and Family Law for Kentucky on
Q: Does filing first for custody and has physical custody mean that parent will win their custody wants?

Non-married parents. previous case with cabinet but ended with custody returned to both parties, with no parenting schedule. M. has had child majority of time til about 1 year where time was split equal. But we are going to court and I didnt file first and now our child is in his physical custody.... View More

Timothy Denison
Timothy Denison
answered on Aug 27, 2023

No. Filing first simply means you filed first. The custody will always be decided on the merits snd never on who filed first.

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