J. Russell Lloyd, P.S.C.

11/16/2019

Oldham County Divorce Attorneys

http://thelouisvilledivorcelawyer.com/2016/10/21/oldham-county-divorce-attorneys/

Oldham County Divorce Attorneys If you either need to make a tough decision to protect

10/31/2019

J. Russell Lloyd Louisville Divorce Attorney

Louisville Child Support Collection Attorney
by Russell | Oct 13, 2016 | Uncategorized
Louisville Child Support Collection Attorney
What happens if you are not receiving child support in spite of a Court Order? How do you enforce and collect that obligation? That is an unfortunate problem facing far too many in Louisville.
Both Louisville Family Court and Louisville District Court have solutions for you. The Division of Louisville Family Court which made the child support Order is the place where people often first turn. Louisville Family Court can 1) hold the parent failing to pay in contempt or 2) issue Garnishments to collect the unpaid child support.
Contempt
Contempt (at least in this context) is a willful and intentional failure to comply with a Court Order without good cause. If the parent who has a Court ordered obligation does not pay child support and cannot demonstrate a good reason, then they are likely in contempt. Louisville Family Court will issue a Show Cause Order. At the Hearing, the parent not paying child support must explain his or her reason for their failure to pay child support. If they have a temporary job loss or illness that makes work impossible, then they have good cause, so long as payments resume. Otherwise, Louisville Family Court is likely to issue a Contempt Order which directs them to resume paying their obligation and catch up on the arrears or face legal consequences, up to and including jail time.
Collection
Louisville Family Court can also issue Wage and Nonwage Garnishments to collect unpaid child support. The parent failing to pay child support may have the arrearage withheld from her or his paycheck. Also, the parent failing to pay child support may have the balance of their bank account taken to pay the arrearage.
If your former spouse owns real estate, then a Judgment Lien may be issued for the unpaid child support. You may then foreclose on that Lien if the arrearages are not paid.
If your former spouse has income from a retirement account, then that money may be withheld. A Qualified Domestic Relations Order may be issued by Louisville Family Court to withhold retirement distributions to pay child support arrearages.
Nonsupport
Louisville District Court comes into the picture on a criminal charge of nonsupport. Any failure to pay child support without good cause is criminal. Once you have failed to pay for six (6) months or are more than $1,000.00 in arrears, the crime becomes a felony. The Jefferson County Attorney’s Child Support Office is the place where nonsupport charges originate and are prosecuted.
Do you have questions about child support owed to you? I would be happy to help. Please call or email. If you are not ready to talk, then take a look at my website or The Louisville Divorce Attorney or The Louisville Divorce Lawyer.
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J. Russell Lloyd Attorney at Law
600 West Main Street, Suite 100
Louisville, Kentucky 40202
[email protected]

(502) 540-5700 Phone
(502) 540-1220 Fax
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10/29/2019

J. Russell Lloyd Louisville Divorce Attorney

Louisville Family Court Rules
by Russell | Oct 20, 2016 | Uncategorized
Louisville Family Court Rules
When a Divorce or Child Custody Petition is filed in Louisville Family Court, what are the rules or law which are applied by the Judge?
The principal body of law which applies to Louisville Divorce and Child Custody cases is found in Chapter 403 of the Kentucky Revised Statutes. The Kentucky Revised Statutes are the body of law enacted by our Kentucky General Assembly. Chapter 403 of the Kentucky Revised Statutes is our version of the Uniform Marriage and Dissolution Act. In that Chapter, you will find the general law that applies to both Louisville Divorce and Child Custody cases.
Once a Petition is filed, the process in Louisville Family Court is set out in three (3) separate bodies of Rules. The first is the Kentucky Rules of Civil Procedure. The Civil Procedure Rules spell out how a Divorce or Child Custody Petition is filed or how to respond to the same. The Rules govern pleading practice before Louisville Family Court, Discovery, Decrees of Dissolution of Marriage or Child Custody, and appeals from Louisville Family Court to the Court of Appeals. The Kentucky Rules of Civil Procedure are the functional architecture of how a law suit is handled by Trial Courts in Kentucky (not just Louisville Family Court).
More specific to Divorce and Child Custody cases are the Kentucky Rules of Family Court Practice and Procedure. One subpart of those Rules deal specifically with how Louisville Family Court is to handle Divorce and Child Custody cases.
Finally, the Jefferson Circuit Court (Family Division) Rules give very specific guidelines for how a Divorce or Child Custody case is handled by Louisville Family Court. Each Judicial Circuit in Kentucky has rules which govern the minor variations from County to County of how Courts prefer to address the issues before it.
If you have questions about a Divorce or Child Custody case, please email me or give me a call. My assistant, Melanie, will be happy to schedule a meeting. If you are not ready to talk, then please feel free to check out my website or The Louisville Divorce Attorney or The Louisville Divorce Lawyer.
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J. Russell Lloyd Attorney at Law
600 West Main Street, Suite 100
Louisville, Kentucky 40202
[email protected]

(502) 540-5700 Phone
(502) 540-1220 Fax
This is an Advertisement.

Site By Derby City Social Media

10/29/2019

Oldham County Divorce Attorneys

http://thelouisvilledivorcelawyer.com/2016/10/21/oldham-county-divorce-attorneys/

Oldham County Divorce Attorneys If you either need to make a tough decision to protect

10/27/2019

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Termination�Hopefully everyone had a wonderful Spring Break. Over the course of mine, I spent some of that time submitting a Brief on the topic of the Termination of Spousal Support or Alimony in Kentucky.�If Family Court orders alimony (or maintenance or spousal support), it may be modified based upon a change in circumstances so substantial and continuing as to render the award unconscionable. KRS 403.250(1).�Family Court may Order that maintenance terminate at a specific time or under specific conditions. Otherwise, spousal support ordered by a Family Court Judge terminates upon the death of either party or the remarriage of the party receiving alimony. KRS 403.250(2).�Parties to a divorce may contract for alimony, and, in doing so, may select the terms under which maintenance terminates. KRS 403.180(6). The most frequently litigated condition which terminates spousal support is "cohabitation". But, what is it?�The most familiar definition of cohabitation was set out by the Supreme Court of Kentucky in Combs v. Combs, 787 S.W.2d 260 (Ky. 1990). The unanimous panel opined that:�“While each case stands on its own, the elements to consider are: 1. Duration -- It should never be the intention of the Court to allow for maintenance reduction based upon casual "overnights" or dating. A showing of substantially changed circumstances under KRS 403.250(1) based upon cohabitation, necessarily involves proof of some permanency or long-term relationship. 2. Economic Benefit -- The relationship must be such to place the cohabitating spouse in a position which avails that spouse of a substantial economic benefit. The scope and extent of the economic benefit should be closely scrutinized. If the "cohabitation" does not change the cohabitating spouse's economic position, then reductions should not be permitted. 3. Intent of the Parties -- Does it appear that the cohabitating spouse is avoiding re-marriage to keep maintenance? Does it appear from the circumstances that the cohabitating parties intend to establish a "lasting relationship?" 4. Nature of the Living Arrangements -- Does it appear that the cohabitation is merely a space sharing situation or is there one common household? 5. Nature of the Financial Arrangements -- Is there a "pooling of assets?" Is there actually a joint or team effort in the living arrangement? Who pays the bills and how are they paid? 6. Likelihood of a Continued Relationship -- Does it appear that the relationship will continue in the future? Do the parties intend the relationship to continue indefinitely?”. Id at 262-63.�What happens when there is ambiguity in the term "cohabitation" in a contract or Settlement Agreement regarding the termination of alimony? Then, we look to the Opinion in Cook v. Cook. The Opinion in Cook is not unanimous, but distinguishes itself from Combs because the parties entered into an Agreement which contemplated cohabitation as an event which would terminate, but not reduce, spousal support. Cook v. Cook, 798 S.W.2d 955, (Ky. 1990). The majority defined cohabitation (sufficient to terminate support under an Agreement) as “To live together as husband and wife. The mutual assumption of those marital rights, duties, and obligations which are usually manifested by married people, including but not necessarily dependent on s*xual relations”. Id. at 957. The Court went on to opine that the parties must live in the same household, assume the obligation to pay the household bills or personal expenses of the other, and move household furnishings from one house to the other. Id. at 957.�This is an always shifting area of Family Law. Thank you for reading my post and allowing me to convert some of my "work on vacation" time to some other purpose.�If your family is going through a change, please feel free to give me a call. Also, please feel free to learn more at jrlloydlaw.com or thelouisvilledivorceattorney.com or thelouisvilledivorcelawyer.com if you are not ready to talk. Thanks for reading.

Russell Lloyd specializes in divorce, family law, child custody, child support and spousal support, also known as alimony.

10/27/2019

Home

Termination�Hopefully everyone had a wonderful. Over the course of the late Spring and early Summer , I spent some of that time submitting a Brief on the topic of the Termination of Spousal Support or Alimony in Kentucky.�If Family Court orders alimony (or maintenance or spousal support), it may be modified based upon a change in circumstances so substantial and continuing as to render the award unconscionable. KRS 403.250(1).�Family Court may Order that maintenance terminate at a specific time or under specific conditions. Otherwise, spousal support ordered by a Family Court Judge terminates upon the death of either party or the remarriage of the party receiving alimony. KRS 403.250(2).�Parties to a divorce may contract for alimony, and, in doing so, may select the terms under which maintenance terminates. KRS 403.180(6). The most frequently litigated condition which terminates spousal support is "cohabitation". But, what is it?�The most familiar definition of cohabitation was set out by the Supreme Court of Kentucky in Combs v. Combs, 787 S.W.2d 260 (Ky. 1990). The unanimous panel opined that:�“While each case stands on its own, the elements to consider are: 1. Duration -- It should never be the intention of the Court to allow for maintenance reduction based upon casual "overnights" or dating. A showing of substantially changed circumstances under KRS 403.250(1) based upon cohabitation, necessarily involves proof of some permanency or long-term relationship. 2. Economic Benefit -- The relationship must be such to place the cohabitating spouse in a position which avails that spouse of a substantial economic benefit. The scope and extent of the economic benefit should be closely scrutinized. If the "cohabitation" does not change the cohabitating spouse's economic position, then reductions should not be permitted. 3. Intent of the Parties -- Does it appear that the cohabitating spouse is avoiding re-marriage to keep maintenance? Does it appear from the circumstances that the cohabitating parties intend to establish a "lasting relationship?" 4. Nature of the Living Arrangements -- Does it appear that the cohabitation is merely a space sharing situation or is there one common household? 5. Nature of the Financial Arrangements -- Is there a "pooling of assets?" Is there actually a joint or team effort in the living arrangement? Who pays the bills and how are they paid? 6. Likelihood of a Continued Relationship -- Does it appear that the relationship will continue in the future? Do the parties intend the relationship to continue indefinitely?”. Id at 262-63.�What happens when there is ambiguity in the term "cohabitation" in a contract or Settlement Agreement regarding the termination of alimony? Then, we look to the Opinion in Cook v. Cook. The Opinion in Cook is not unanimous, but distinguishes itself from Combs because the parties entered into an Agreement which contemplated cohabitation as an event which would terminate, but not reduce, spousal support. Cook v. Cook, 798 S.W.2d 955, (Ky. 1990). The majority defined cohabitation (sufficient to terminate support under an Agreement) as “To live together as husband and wife. The mutual assumption of those marital rights, duties, and obligations which are usually manifested by married people, including but not necessarily dependent on s*xual relations”. Id. at 957. The Court went on to opine that the parties must live in the same household, assume the obligation to pay the household bills or personal expenses of the other, and move household furnishings from one house to the other. Id. at 957.�This is an always shifting area of Family Law. Thank you for reading my post and allowing me to convert some of my "work on vacation" time to some other purpose.�If your family is going through a change, please feel free to give me a call. Also, please feel free to learn more at jrlloydlaw.com or thelouisvilledivorceattorney.com or thelouisvilledivorcelawyer.com if you are not ready to talk. Thanks for reading.

Russell Lloyd specializes in divorce, family law, child custody, child support and spousal support, also known as alimony.

10/26/2019

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Finding Your Louisville Divorce Lawyer�So things have taken a turn for the worse in your family life. You either need to make a tough decision to protect yourself or your children, or you are not able to persuade your significant other to stay in a relationship that does not involve Family Court. How do you find help?�By far and away, most of my clients find me through a referral. My top referral sources are other lawyers, clients, and opposing parties. Generally, the client comes in with some built-in confidence because of a testimonial from the referral source.�More and more information and content is available online. For instance, I write posts like this to maintain top of mind awareness and reach potential clients who might need my help. However, no individual lawyer can compete with the media companies which serve as online referral engines.�The traditional publishing companies like Reuters/West Publishing/findlaw.com and Lexis Nexis/Martindale Hubbell/lawyers.com began referral services long before the digital age, but have evolved into lawyer referral search engines. You can see my findlaw.com profile here and my lawyers.com profile here for examples.�New legal specific companies like AVVO and Justia are newcomers to the marketplace, but offer a little more date and interaction. You can see my AVVO.com profile here and my Justia.com profile here as examples.�Finally, there are referral engines which seem to be like Angie's List, but include lawyers. Of those, Thumbtack.com is spending the most in our market to help people find a Louisville Divorce Attorney. While you can review my page here I remain unsure of the value of sites that do not focus on Louisville Divorce Attorneys and Lawyers.�If your family is going through a change, please feel free to give me a call. Also, please feel free to learn more at jrlloydlaw.com or thelouisvilledivorceattorney.com or thelouisvilledivorcelawyer.com if you are not ready to talk. Thanks for reading.

Russell Lloyd specializes in divorce, family law, child custody, child support and spousal support, also known as alimony.

01/26/2018

Options for Financing the Cost of a Louisville Divorce

Affordable Louisville Divorce Lawyer

If you are about to go through a divorce, one of the first questions that comes to mind is likely "How much will this cost me?". Consequently, when people search for a Louisville Divorce Attorney, one of the most common search terms is "Affordable". But, what does "Affordable" mean for you?

Divorce Lawyers all tell the joke "Why is a Divorce so Expensive? Because It's worth it". There is always some truth in humor, but glibness is seldom helpful. You should (and must) carefully consider how much you are able to spend on your divorce. The decision to file (or being served with your spouse's divorce petition) is so emotionally fraught that your judgment may become clouded.

The first fact to consider is whether you are the spouse with the easiest access to your family funds. If you are the primary wage earner, that means you. If so, your divorce will almost certainly leave you with fewer assets and greater financial obligations than when you began. When you add a rather large legal bill to your obligations, the time to recover from the cost of a divorce grows longer.

If you are the spouse with less access to family funds, then the cost of the divorce is more distant. As you move past the divorce, even though your legal claim to assets may be less, your practical access to those assets may be greater. In addition, KRS 403.220 allows Louisville Family Court to direct your former spouse to pay some or all of your legal costs.

When deciding on a budget, first consider the complexity of your case. Do you need a divorce lawyer who is prepared to take on complicated issues concerning your children, the support you pay or receive, and the division of complex assets like a family business or professional practice? Or, do you have limited assets that are easy to value and fairly limited debt? DON'T spend more on your lawyer than you will be left with after the divorce - That never makes sense, but does happen.

Louisville Divorce Lawyers with more experience will usually cost more. The Divorce Attorney with experience may see things in your case that you don't. Further, the Louisville Divorce Attorney who has been in practice for a while should be able to accomplish tasks more quickly for you, which may mean cheaper.

When you evaluate the cost of your divorce, ask your lawyer if she or he has a practice that assigns repetitious administrative tasks to an assistant or paralegal who might bill at a lower rate. A staff of nonlawyers performing paralegal tasks may be your best resource for information about your divorce while it is underway and for cost containment.

Remember that "Cheap" is almost never "Affordable". Also, have confidence in discussing your fees and costs with your Louisville Divorce Lawyer. He or she will (or should) be glad to go over any questions you have.

If you have questions about your divorce, I will always be happy to talk to you. Just give me a call. Also, please feel free to learn more at jrlloydlaw.com or thelouisvilledivorceattorney.com or thelouisvilledivorcelawyer.com if you are not ready to talk. You might want to check out http://thelouisvilledivorcelawyer.com/2016/09/22/financing-cost-louisville-divorce/ or some of my other articles. Thanks for reading.