Legal Question in Family Law in Kentucky

I have divorce questions. 1) How do they figure Child Support and Alimony in Kentucky? 2) I was married to my spouse less than 10 years of a 20 year military career; is she entitled to any of my military retirement? 3) What does a father need to do to gain custody of an 8 year old boy and a 10 year old daughter?


Asked on 4/27/11, 9:32 am

1 Answer from Attorneys

Andrea Welker Welker Law Office

Sounds like you need an actual consult with a family law attorney practicing in your jurisdiction, not general questions answered on a website.

1. Child Support is determined by the Child Support Guidelines. See http://chfs.ky.gov/dis/cse.htm Any maintenance to the spouse is purely circumstantial.

2. Yes.

3. Depends on what you mean by "custody." There is a difference between "custody" and "time-sharing." You might have joint custody of your children, but only see them every other weekend. Your parenting time is "time-sharing." The fact that you have joint custody means that you have joint decision-making when it comes to the children, i.e. education and medical decisions, etc.

In Kentucky, both custody and time-sharing, when decided by the Court, is determined on the basis of "best interests of the child." If you want to be sole custodian, or be joint custodian but have primary custody (the most time-sharing), then you need to convince the court that it is in the best interests of the children. There are statutory considerations, but it is highly discretionary (i.e. ultimately it's what the judge thinks is best for the children).

So, what do you need to do? You need to get an attorney.

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Answered on 4/27/11, 7:30 pm


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