Legal Question in Family Law in Kentucky
I am in the Army and when I returned from Afghanistan I discovered my wife has been cheating for 8 months while I was deployed. I am in the process of getting a divorce and when I first returned I bought a new car for her so our son was in a safe vehicle. now she is saying she wants alimony and child support and to take everything I paid for over our marriage and that I cannot have the car back. The car is in my name and only I am on the title. I am on the car insurance and so is she. She did not work the entire time we were together but now has a job and has had this job for around 6 months. I am paying the car payment and car insurance and her cell phone bill. I was deployed 12 months. She now lives in Ohio and I am still stationed in KY. She has lived in Ohio since Sep. She said she will give me joint custody. So my questions are, do I have to pay her alimony even though she cheated, can she keep a car thats in my name and I am paying everything for, can she take everything that I have in storage that use to be at my apt that we shared even though we have been apart for 8 months and with me being a Sgt in the army with ft campbell bah around how much would I have to pay for child support with joint custody and switching on and off every 3 to 4 months with my son?
1 Answer from Attorneys
That is unfortunate; thank you for serving, for what it's worth.
Is your divorce in KY? If so, Kentucky law allows for a reduction of maintenance if you can prove marital infidelity by the spouse asking for maintenance. This is the last hold-out in Kentucky for some sort of "marital fault" being at all relevant in a divorce proceeding. Regardless, the Courts really dislike long-term maintenance, they prefer to sever ties and simply award that party with the bulk of the marital assets, if available. But temporary maintenance isn't unusual at all.
On the assets/maintenance, it doesn't matter that you "worked" and she "didn't." During the time you were married, you were partners, and everything you earned is marital (as is everything you owe). Therefore, purchasing the car and putting it in your name only is irrelevant; it's still marital property. All marital assets (and debts!) are subject to division in a dissolution of marriage action; non-marital property (assets obtained prior to the marriage, gifts, inheritance, etc.) is not divisible. Also, dividing doesn't mean divided equally; future earning capacity is also of question, so if there is great disparity in your incomes, she will likely come out with more property. Again, just depends on several factors.
As for child custody, "joint custody" is a legal determination, not the determination of time-sharing. You can be joint custodian, but not have primary time-sharing. If you have *equal* time-sharing (which it sounds like you won't), then there can be a reduction in your child-support obligation. Regardless, child support is pretty much set in stone based on both parties' incomes and number of children, and reduced by payment of insurance premiums and childcare costs; there can be deviations from the child support guidelines in certain circumstances, but usually that is to increase it, not decrease it.
It sounds as though you need to get an attorney. I would get one sooner rather than later if I were you. Even if you decide to settle (and you probably should; it's usually better to reach an agreement with the other party than engage in extensive and expensive litigation), make sure you've had a full consultation with an attorney who has seen all the numbers, has all the information, and can make recommendations on your individual situation, in your jurisdiction, before your judge.