The court orders a flat percentage of 25% of the non-custodial parent’s income to be paid in child support to the custodial parent.

Consequently, Who gets the house in a divorce in Kentucky? Dividing Marital Property

Generally, courts will divide marital property equally. However, a court may give one spouse a disproportionate share of the marital property after it considers the facts of the particular case.

Do you have to pay child support if you have 50/50 custody in Kentucky? Although 50/50 custody can eliminate the need for child support, that’s rarely the case in Kentucky. Instead, the parent who earns more income usually has to pay at least some child support to the lower-earning parent. The idea is that this gives children a more consistent support system between their two homes.

Keeping this in consideration, What rights does a father have in Kentucky?

Unmarried Fathers Rights in Kentucky

If a child is born between two unmarried people, then the father does not have any rights to custody or visitation, until paternity is established. Paternity can be established by signing a Voluntary Acknowledgment of Paternity (VAP) or by genetic testing.

Do you have to pay child support if you have joint custody in Kentucky?

Child support is intended to make both households as equal as possible. So even if it is joint custody, if one parent makes significantly more income than the other, they may have to pay child support.

Can you be separated and live in the same house in KY? In Kentucky, before a couple can file for separation, you must live apart for at least 60 days. If you can’t afford to live in separate homes, you can meet the requirement while living under the same roof, but you must stay in separate bedrooms and abstain from sexual relations with each other during the separation.

How are things split in a divorce in KY? Kentucky is in the majority as an equitable distribution or common law state. This means marital property isn’t automatically assumed to be owned by both spouses and therefore should be divided equally in a divorce. The court can also divide the property if the spouses can’t agree on a property division.

Is Kentucky a 50-50 state when it comes to divorce? Is Kentucky a 50-50 state when it comes to divorce? Yes, Kentucky uses what are known as equitable distribution laws, to distribute assets in the case of divorce.

At what age in Kentucky can a child decide which parent to live with?

There is no particular age when a child’s desire is honored as the deciding factor in determining which parent shall have custody. When making child custody decisions, Kentucky law states that the judge must do what is in the best interest of the child.

What makes a parent unfit in Kentucky? What exactly is an unfit parent? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.

How far can a parent move with joint custody in Kentucky?

Parents are always free to move on their own whenever they want, but when a parent wants to move a child out of Kentucky or more than 100 miles from their present residence, they must give written notice to the other parent at least 60 days prior to the move.

Do step parents have rights in Kentucky? The state of Kentucky does not have any laws that grant child visitation rights to step-parents, which may make applying for visitation significantly harder. In all cases, third-party visitation rights are more likely to be granted by the court if they are deemed to be in the best interests of the child.

How much does divorce cost in KY?

Divorce Filing Fees and Typical Attorney Fees by State

State Average Filing Fees Other Divorce Costs and Attorney Fees
Kentucky $148 (without an attorney), $153 (with an attorney) Average fees: $8,000+
Louisiana $150 to $250 Average fees: $10,000
Maine $120 Average fees: $8,000+
Maryland $165 Average fees: $11,000

• Jul 21, 2020

How long after divorce can you remarry in Kentucky?

Divorce on the Grounds of Adultery

State Post-Divorce Remarriage Waiting Period
Kansas 30 days unless waived in Decree
Kentucky None
Louisiana None
Maine None

How long can you be legally separated in KY? A couple in Kentucky can be legally separated for up to 12 months. After that, if one spouse petitions for a divorce, the separation decree will be changed into a decree for divorce. Of course, a couple can decide to end their legal separation, and either divorce or get back together before the 12 months is up.

How is custody decided in a divorce in Kentucky? In Kentucky, the courts are required to determine custody based upon the best interest of the child(ren). Usually, parents will share joint custody of the children and if their schedules will allow, will share 50-50 parenting time with the children.

Does Kentucky recognize alimony?

In Kentucky, the purpose of alimony is to prevent inequalities and help both spouses live at or near the same standard of living after the divorce. Alimony isn’t awarded in every case.

What are dower rights in Kentucky? Dower and curtesy rights exist by statute in Kentucky. They are inchoate (undeveloped) rights, and every spouse has them to their spouse’s property. As soon as you say “I do” you have the right, if your spouse dies, to roughly one half of their property.

Does a child have a say in custody?

This is your choice as a parent; there’s no set age that determines when a child is allowed to say where he/she wants to live. However, a child is not legally entitled to choose who to live with until the age of 16.

How often can child support be modified in Kentucky? Modifying a Child Support Order

A parent can file a motion (written request) to modify child support any time after the order has been entered, as long as there has been a material change in circumstances. Kentucky generally recognizes a 15% increase or decrease in either parent’s income as a material change.

Can a child refuse visitation in Kentucky?

If a child simply refuses to live with one parent, courts may award custody to the other parent. In one case, two girls, aged 12 and 16, refused to live with their mother, who had mental health problems; the court honored their request to live with their father.


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