If you have been making court ordered child support payments, you are aware of the financial burden that can come along with them. Losing your job can only make paying these payments that much more challenging. Here are a few things your should know…
Can I Have My Child Support Order Modified?
If you are unemployed, you might be eligible to have your payments modified but it is not a guarantee that the court will approve a modification. It is important that you contact your family law attorney immediately if you lost your job and need assistance. You should also know that your eligibility does not excuse you from making from payments right away. You are still legally obligated to make your payments until your order has been officially changed by the court. If you do not make your payments prior to approval, you will still held accountable for those payments even if your modification was approved. You may also be eligible to receive a child support modification if you have not been able to work for an extended period of time as a result of an accident, injury, illness, and/or disability. Regardless, you should still continue to make your child support payments until the court has approved your request for a modification.
Can I Make My Child’s Unemployed Parent Make Their Child Support Payments?
If you have primary custody, you have a few options should your child’s other parent become unemployed. If you need advice, contact an experienced family and child support lawyer to see counsel based on your situation. This will help you avoid going to court and losing payments. You and your co-parent might be able to come to terms without involving a lawyer, if they are only going to be without a job for a short period of time. However, if this does not work and they continue to not make their court order payments, you should immediately contact a family lawyer. They can serve as the middle man to help you negotiate payments and take legal action when necessary.
How Do I Change My Child Support Order?
You should consult with a family lawyer as soon as possible to help you avoid making costly mistakes that only make it that much more difficult to provide for your child. Your family lawyer will work with you to work on a modification at the court that has jurisdiction over you case. If you do not live in the same state or court district as your co-parent, a family lawyer can help you determine which court holds jurisdiction and will be involved in making any modifications to your agreement.
Are Modifications Temporary or Permanent?
Depending on your situation, you can have your child support payments modified either short or long-term. If your crisis includes short-term unemployment, disability, or financial hardship, you should opt for a temporary adjustment. A court may allow several months of modified payments before you have to pay the original agreed upon payments. Should you have a life-altering accident, injury, illness, or are permanently disabled, you may be eligible for a permanent or long-term modification. In this situation, you might need an immediate adjustment so that you can afford medical treatment. Please seek help from an experienced family lawyer immediately.
Does Social Security Income and/or Social Security Disability Impact Child Support?
Social Security Income is not usually included into your total income when a court decided on your child support obligations. This does vary by state so you should get in touch with a family lawyer to find out how your social security income could factor into your child support agreement. Social Security Disability Income is not treated the same as regular or Social Security Income. If you receive Social Security Disability Income, you may be eligible for permanent changes to your child support agreement.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will. >> Learn More
What if you are getting a divorce and you and your spouse have a pet that you both love? Determining who gets custody or the pet in a divorce can be a devastating and emotional decision.
Determining Pet Custody
Laws are designed to protect the best interests of human children in divorce (allowing for shared custody, visitation, and alimony), the laws for pets are intended to benefit the owner instead. Under the law, pets are considered to be personal property, capable of human ownership and control. Courts working under that law only strictly have the authority to award a pet to one owner or the other. To grant shared custody or visitation of the couple’s pets would be exactly the same, in the eyes of the law, as having them trade their television back and forth from one week to the next. If one spouse adopted the pet before marriage, he or she will retain custody of the pet after the divorce. If the couple adopted the pet together after marriage a judge will consider the unique circumstances to make a decision. Things that may affect who gets the pet include…
Who will be living in the family home? – That could be a big factor. Where each spouse will live after the divorce. Will both of you have a nice yard for the dog? The spouse with the larger home may be the judge’s preference to take the pet.
Will one spouse be moving abroad? – Local laws could affect whether you can bring a pet. If one spouse is moving, the judge will probably decide the pet is better suited to live with the other spouse.
Who was the pet’s true caretaker? – Who walked the pet? Who took the pet to the vet? Who shopped for the pet’s food and supplies? Who cleaned up after the pet? He or she may be more likely to receive custody of the pet.
The pet’s best interest – The judge will choose the pet parent and home that is best suited for the pet.
Consider Splitting Dog Custody
Creative pet custody arrangements made by the two of you could be the best decision. Come to your divorce hearing with the decision made by the two of you about your pet’s custody. Be flexible and willing to compromise. Maybe one spouse would agree for the other spouse to have custody to keep the pet anytime that the custodial owner is out of town or has a busy week. Or maybe a friendly “dog share” that allows each plenty of time with their beloved pet, one month on, one month off. Of course, the dog must be an easygoing guy who does fine with all the back-and-forth. With a little foresight, and by keeping the best interests of your pet at heart, you can help make the difficult process of divorce a little bit more bearable for the whole family, and everyone will come out happier in the end.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will. >> Learn More
Debt and divorce go hand-in-hand like peaches and cream, only it’s definitely not so sweet all the time. If you’ve been married for any length of time, it’s almost certain that you and your spouse have some marital debts. How these debts are handled during your divorce can make a big impact on your credit long after the two of you split. Once you say “I do” you are not only blending your life with your partner you are also commingling your finances, your property, and your debt plus the marriage debt such as mortgages, credit cards, car loans, and maybe even student loans. What happens to those debts when you and your spouse split up??
Assigning Debts in Property Division
Equitable distribution is a method of dividing property at the time of divorce. All states except for a handful follow the principles of equitable distribution. Equitable distribution does not mean “equal”; it means that assets acquired during a marriage are subject to distribution. Each spouse is responsible for the debts they incurred before and during the marriage. Even if it was acquired during the marriage the spouse will usually be given the debt they acquired during the marriage. If you and your spouse cannot decide who will be responsible for paying certain debts the judge can divide the debt on your behalf. In Kentucky, divorcing spouses are less likely to incur their spouse’s debt than in states that do not have equitable distribution. However, there is always a but you could still be saddled with your spouse’s debt.
Taking on Your Ex’s Debt
When two people apply for credit together, each is responsible for repaying the debt. This is true even if your divorce decree assigns the debt to your spouse. If an account goes into default due to non-payment, both spouses will be held liable since creditors are not bound by a divorce decree. On top of that, your credit score will drop, which will make getting credit in the future harder.
Protect Yourself From Your Spouse’s Debt
Consider closing joint accounts that were opened in both of your names, as well as removing your spouse as an authorized user on your own accounts. You can also ask the creditor to convert these accounts to individual accounts. Since creditors aren’t obligated to convert such accounts, you may need to apply for credit on an individual basis. The creditor will then extend or deny you credit based on your new application. Refinance the debt to ensure it is solely your spouse’s legal responsibility. If you had a prenuptial or postnuptial agreement that would help.
Equitable distribution works from an assumption that the marriage is an economic unit and that what the spouse acquired during the marriage is subject to distribution — regardless of need.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will. >> Learn More
If the accident wasn’t your fault, having an official police report will help you hold the other driver accountable for damages and repair costs. Don’t try to work out reparations with the other driver on your own, even if the other driver doesn’t want to involve the police or insurance companies. When a car accident leads to serious injuries for drivers and passengers, and the damage to the vehicles involved, the memory of that incident can linger for years if not decades. When another party caused the accident you were involved in, there may come a time when you need to focus on proving liability.
Proving Liability After a Car Accident
You may have to be involved in a personal injury lawsuit and prove the following…
The driver had a duty to exercise reasonable caution on the road.
The driver was negligent and did not fulfill that duty to exercise reasonable care when driving.
The driver’s negligence was the cause of the wreck.
Many may think this is a simple concept, but in some cases, the facts may not be as clear as we would like. Those immediate facts gathered after the accident are crucial.
Gathering the Facts
A police officer’s detailed impressions and the information from those involved and by a few witnesses can be one of the most important pieces of information that lead to the car accident. Also if there are any photographs of the accident scene that would be significant. Medical records can also be vastly important. Proving liability in the personal injury lawsuit based on the car accident information is the same as all legal cases… evidence.
What Does No-Fault Mean?
In Kentucky a no-fault state, each driver turns to their auto insurance for coverage for medical expenses no matter who caused the crash The guiding principle of no-fault law is that all drivers are required by law to insure themselves against potential injuries and damages caused by an auto accident. As a result, if you have been injured in an auto accident in a no-fault state, your first and legally preferred source of recovery is your own insurance company.
When Can You File Suit?
Only if certain statutorily specified conditions are met, may you file suit against another party in an attempt to recover damages. No-fault states have instituted an economic threshold for bringing suit. They cap the amount of money your insurance company is obligated to pay, and if your economic damages exceed (or most likely will exceed) the cap, you may file suit to recover from another party. Economic thresholds are far easier to analyze and estimate than physical injury thresholds. While no-fault laws are restrictive, they do serve a purpose. If you sustain minor injuries or simply total your vehicle with no injury at all, you are covered by your own insurance. An insurance claim is usually far less adversarial than a lawsuit. You can only step outside the no-fault system — and file a liability claim or lawsuit against the at-fault driver — if your accident resulted in “serious injuries.”
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will. >> Learn More
Workers’ Comp and Disability Benefits are both forms of insurance injured workers can count on. Suffering an injury can suddenly change your life. The uncertainty and stress you can face wondering how you will support your family and pay bills can be overwhelming. Thankfully Workers’ Compensation and Social Security Disability are two forms of government insurance to help. The question is which system is best for you. We would like to help you understand the differences.
A State-Run System: Workers’ Compensation
Workers’ compensation insurance provides medical and wage benefits to people who are injured or become ill at work. The coverage is mandated by each state and the wage and medical benefits vary by state. Workers’ compensation is considered social insurance because it relies on a social contract between management and labor, wherein in exchange for purchasing workers’ compensation insurance, business owners are protected from civil suits from their workers who become injured on the job. Yet each party’s benefits have limitations. Workers’ compensation insurance is purchased by businesses, and is underwritten by insurance companies and, in some states, is underwritten by publicly supported state funds. In the State of Kentucky, the law requires employers to have workers’ compensation. It covers both total and partial disability, although it is often meant to provide temporary support to workers while they recover. It covers an employee’s lost wages, medical bills relating to the work injury, and any
rehabilitation needed.
A Federal Run System: Social Security Disability Insurance
Social Security Disability Insurance (SSDI) is a federal social insurance program under which workers earn coverage for benefits, by working and paying Social Security taxes on their earnings. For those who can no longer work due to a disability, your disability program is there to replace some of your lost income. The disability does not have to be work-related. However, it must meet the Social Security Administration’s list of qualifying impairments. SSDI is a long-term program. One of the qualifying factors to receive SSDI is the injury must prevent you from working for at least one year. It will provide supplemental wages while you cannot work.
The Difference Between The Two Forms of Insurance…
The difference between the worker compensation is if you are hurt at work you are entitled to coverage but with SSDI you must qualify for benefits. Both systems are quite complex and require an experienced attorney to speak for you. If you have been injured at work or elsewhere it’s important to know your rights and speak to a knowledgeable attorney about your case. You need to know how to move forward and protect your rights. You may even be able to receive both Workers’ Compensation and Social Security Disability Insurance (SSDI) benefits if you qualify for both disability benefits and workers’ compensation. In addition to advising you (regarding when you should apply for each type of benefit), an attorney can also help structure your claims (and, if necessary, your appeals) for both programs in a way that is most likely to be accepted.
We Can Help You Through It All!
The Social Security Disability Act allows monetary support to those who are unable to maintain substantial “gainful employment” due to mental and/or physical disabilities prior to retirement age. For those who have had a strong work history up until their illness rendered them unable to work, they may qualify for Social Security Disability Insurance Benefits. This is a monthly payment based on your past income and varies from person to person. For those who do not have a strong work history or did not work in a job that paid Social Security taxes, there are Social Security Income benefits. Parties who apply for either of these benefits are often denied the first few rounds and do not receive approval until there is a hearing before an Administrative Law Judge (ALJ). The process of obtaining benefits can take several months up to two years – or even longer. The key for a claimant is that medical records document their condition and that they maintain a strong treatment history. While the ALJ will consider the testimony of the claimant, they will not approve benefits without the medical evidence supporting those claims. It is imperative that a claimant maintains consistent treatment with all physical and mental health providers. We will not charge any up-front fees to a Social Security/Disability client. Only if Social Security Disability benefits are granted will a standard percentage of the benefits be paid to the attorney.
Contact us (859-341-2500) for a Free Consultation!
About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
The family court takes the payment of child support and alimony seriously. Very seriously. And a spouse who fails to pay without a valid justification can get in big trouble financially. Despite both parties coming to an agreement in order to finalize a divorce, that doesn’t mean they will uphold their end of the bargain. If your ex-spouse or the other parent fails to pay child support in Kentucky, the family court can help. The non-paying parent will be issued papers with instructions to meet in order to set up a payment arrangement.
Getting the Court Involved
As a technical matter, you can make these requests with a Motion for Enforcement, a Motion for Contempt, or a Motion for Order to Show Cause. In both cases, you are asking the Court to use its powers to fix the problem. If a party fails to follow the instructions on the paper, jail time could be a consequence. the court has the ability to order your ex to pay a fine and attorney’s fees to you for having to hire a lawyer to fix the problem. Sometimes your ex learns his or her lesson, and the problem never happens again. This is what you hope for because jail time is unproductive since then the ex will not be able to work to make any sort of payment.
The following are common instructions to recover child support payments…
Garnish Your Ex’s Wages – Similar to an income withholding order, you can request a garnishment of your ex’s wages or other money such as bank accounts.
Ask For The Sale Of Pre-Existing Assets – In certain circumstances, you can request the Court order your ex to liquefy assets in order to pay the alimony and/or child support award.
Ask For A Lien On Property – What if your ex has money in real property and money is not available to garnish? You can ask the Court to put a lien on the property.
Withhold Federal Tax Refunds
Suspend a Business License
Suspend Driver’s License
Next Steps If The First Try Doesn’t Work
If your ex fights you in court or attempts to underestimate his or her earnings you can request an income and expense declaration. Sometimes, a former spouse will ignore the request for a current Income and expense declaration. If this occurs, the Family Code provides that if there is no response within 35 days, or if the Income and Expense Declaration is incomplete as to any wage information, or if pay stubs and income tax returns are not attached, then the requesting party may serve a Request for Income and Benefit Information directly on the employer of the other party. The non-responding party may also be sanctioned by the court for his or her failure to comply with the initial request. As much documentation as you can provide such as pay stubs, tax returns, bank statements, and any records which provide the income and capital of the other party is to your advantage.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will. >> Learn More
The division of property is based upon the state of residency. In the state of Kentucky, a court must divide all assets. While this distribution may not be equal, assets division will be handled with the upmost fairness. The following are a few ways a court will divide business assets in a divorce…
Buy-out Your Spouse
If the property is co-owned and there is negative energy that is hindering the spouses from remaining professional, one spouse might considering buying out the other’s half. This must be agreed upon by both parties.
Co-ownership
If the spouses are on good terms, they could continue to share the business after the divorce. If the business holds emotional value for both parties, they may commit to having a professional relationship even after their marriage has ended. If neither party wants to give up their share but they also do not get along, they might agree to one of them becoming a silent partner. Silent partners do not play a role in the day-to-day aspects of the business but they still contribute financially and benefit from the profits of the business.
Sell The Business
In the event that a buy-out or co-ownership are not feasible options, both parties can choose to sell the business in it’s entirety and divide the money evenly. This may seem simple but it can become complicated as it can come with its own share of problems. Sometimes one spouse will not agree to sell their half. It can also take some time to find a buyer based on the market for the particular type of business.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will. >> Learn More
If you are suffering from Bipolar Disorder and are no longer able to work, you should contact an attorney specializing in Social Security Disability to improve your chances of receiving SSDI or SSI benefits. Historically known as Manic Depressive Disorder, Bipolar Disorder is a mental illness characterized by cyclic mania or periods of extreme euphoria followed by bouts of severe depression. This mental disorder is not a mood disorder alone, but a category of severe mood disorders. It is a condition that is prevalent in both men and women.
Assessment of Bipolar Disorder
If an individual Bipolar Disorder is constant and impairs all ability to function in a work environment, that person may be entitled to Social Security Disability Benefits. Any individual with Bipolar Disorder can be eligible for disability benefits if he/she meets the evaluation criteria listed in the Social Security Administration Bluebook, and if he/she has received a medical-vocational disability endorsement based on the person’s residual function ability, education, and age. Applying for disability benefits with a Bipolar Disorder diagnosis can be a complex and intimidating process, hiring a qualified Social Security Disability lawyer or disability advocate would be in their best interest.
How To Prove Bipolar Disability?
You will need a statement from your treating doctor or a psychologist regarding the severity of your Bipolar Disorder. For example, your doctor might give an opinion that you would miss several days of work each month due to your condition. Make sure the doctor explains this opinion. You should strive to keep a consistent treatment regimen before and during the Social Security Disability application process. If your SSDI/SSI application is denied, you should be prepared to file a disability appeal. In many cases, a Social Security Disability lawyer or advocate can provide invaluable help by guiding you through the application and appeals process. A person with bipolar disorder can qualify for SSDI benefits because it is included in the SSA’s listing of impairments.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will. >> Learn More
Did you know that the majority of Social Security disability claims are denied the first time? That is why it is important that those who have had their claim for Social Security disability benefits denied to fully understand their right to appeal and how to do so. Social Security disability benefits are offered to those who are disabled and have a medical condition that is severe enough that it leaves them unable to work AND that is anticipated to last longer than 12 months or lead to their death. There are also specific work history eligibility requirements that must be met. If your application for benefits has been denied, the appeals process has a few levels of appeals. They are as follows…
#1: A Request for Reconsideration
Filing a request for reconsideration requires fresh eyes on your application for Social Security disability benefits. A new reviewer will look over your entire application for benefits from the beginning including all your medical records and other required documents.
#2: An Administrative Law Hearing
If your application is still denied after your request for reconsideration, your next step is in the appeals process. This will involve a hearing before an administrative law judge. As an disabled applicant, you need to make sure you are adequately prepared for this hearing.
#3: Social Security Administration (SSA) Appeals Council Review
If your claim for Social Security disability benefits was denied by the administrative law judge, you can request that your application is reviewed by the Social Security Administration (SSA) Appeals Council.
#4: Time to File a Court Appeal
Your final level of appeal is to file an appeal in a federal court.
As a disabled applicant filing for Social Security disability benefits, you should not be discouraged by your initial claim for benefits being denied– majority of them are. But you should understand the process of Social Security disability appeals and what options are readily available to you so that you can get the benefits you need to live your life.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will. >> Learn More
The family court takes the payment of child support and alimony seriously. Very seriously. And a spouse who fails to pay without a valid justification can get in big trouble financially. Despite both parties coming to an agreement in order to finalize a divorce, that doesn’t mean they will uphold their end of the bargain. If your ex-spouse or the other parent fails to pay child support in Kentucky, the family court can help. The non-paying parent will be issued papers with instructions to meet in order to set up a payment arrangement. 
