Divorce Guide

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Kentucky Divorce Support

If there is any pre-nuptial agreement regarding the divorce support and the distribution of property between the spouses, then they need to abide by that agreement. Otherwise the issue of the divorce support is settled by the family courts of the respective states. The courts have the sole and ultimate discretion when it comes to divorce support and the decision is taken by the court on the basis of the state statutes. The divorce support is awarded either on then basis of the petition of one of the spouses or if the court feels that one of the parties need financial support to maintain himself or herself. Whether it is the spousal support or the child support or distribution of the property the decision of the court depends on various factors portray the requirement and earning of both the spouses.

Kentucky spousal support

Spousal support is given by one spouse to the other if he or she is not able to earn enough for the living. Either of the spouses can apply for spousal support in the court and then it is the court discretion to award the support. The court also decides on the nature of the support and the amount of the spousal support as per the Kentucky Statutes - Title 35 - Chapters: 403.200. The following factors are judged by the court while deciding on the type of the spousal support whether permanent or temporary and the amount of the support.
  • Whether the marital property and the separate property is sufficient enough.
  • If the petitioner is not capable of supporting himself or herself with his or her earnings.
  • The time necessary to get required education or vocational training to get employment.
  • The standard of living attained by the couple during the marriage.
  • Duration of the marriage and the role played by spouses during that period.
  • Age of the parties and mental and physical health of the parties.
Kentucky child support

The child support is primarily the responsibility of the no custodian parent. In the state of Kentucky the issue of the child support is decided by the court according to the Kentucky Statutes - Title 35 - Chapters: 403.210 and 403.212. For deciding the amount of the child support the courts in Kentucky follow the Income Shares Model. In this process the amount required for child support is decided by the court as per the set guideline. Then that amount is proportionately divided between the parents according to their income and both the amounts are compared to decide who will pay for the child support.

Kentucky property division in divorce

The courts in the state of Kentucky divide the properties between the spouses according to the Kentucky Statutes - Title 35 - Chapters: 403.190. Kentucky being an "equitable distribution" state, all the marital properties is divided equitably.

The courts, while deciding on the Kentucky divorce support ensure that both the spouses get equal benefits and none of them face any financial hardship after the divorce.

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