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Post Divorce Louisville Family Court

When your divorce is over, are you required to go back to Louisville Family Court?  Many clients come to me after their divorce is over.  Louisville Family Court retains the authority to do a number of things even after your divorce is over.  Let me briefly outline those issues which might bring you back to Louisville Family Court.

Child Custody

If your child or children are still minors (below the age of eighteen (18)), then Louisville Family Court still has authority to make changes to custody.  Within the first two (2) years after your Decree of Dissolution of Marriage, Child Custody may change only on a showing that the current environment seriously endangers the child’s mental, emotional, physical or moral well-being.  After two (2) years, the Court may change custody based on a change in circumstances and the best interest of the child.

Is there one (1) area about parenting that you and your former spouse constantly disagree?  Louisville Family Court has the authority to assign specific responsibilities to parents who are otherwise joint custodians.  Often, parents disagree about extracurricular activities once they are in separate households.  Your Judge may give you or your former spouse decision making authority on that topic.

Parenting Schedule

Your Parenting Schedule or Visitation is always subject to change.  Louisville Family Court may change the parenting schedule to meet the best interest of your child or children and maximize each parent’s available time.

Child Support

Child Support is modifiable upon any continuing change in circumstances which is substantial and continuing.  If the Kentucky Child Support Guidelines apply to your case, then application of those Guidelines to your new situation which raises or decreases child support by fifteen percent (15%) or more is presumed to be a substantial and continuing change in circumstances.  When your child turns eighteen (18) or, if still in high school, completes her degree or turns nineteen (19), then child support terminates.

Property

Normally, the disposition of property, whether marital or nonmarital, is not modifiable.  However, if an asset has been hidden, then Louisville Family Court has the authority to re-open your case and distribute the asset.  If you are the victim of fraud during your divorce, then Louisville Family Court may re-open the disposition of property.

Spousal Support

Depending on the terms surrounding spousal support (or maintenance or alimony), Louisville Family Court may have the authority to modify the amount of the award, the duration of the award, or terminate the award.  Any change must be based on a substantial and continuing change in circumstances.  Further, termination is automatic (unless otherwise specified) upon the death of either party or the remarriage or cohabitation of the spouse receiving spousal support.

Enforcement

Finally, Louisville Family Court has the authority to enforce its Orders.  That enforcement power includes contempt.  If an Order is willfully and intentionally violated, without good cause, then Louisville Family Court may hold the contemnor in contempt.  The sentence may include jail time.

If you are in need of further information, you may want to check out http://thelouisvilledivorcelawyer.com/2016/02/17/changes-modifications-child-custody-kentucky-neglect-visitation-violations-occur/ or http://thelouisvilledivorcelawyer.com/2016/03/31/affidavit-kentucky-divorce-child-custody-case/ or http://thelouisvilledivorcelawyer.com/2016/09/13/louisville-divorce-attorney-complex-divorce-case/If you are ready to talk, give me a call at 502-540-5700, email me at jrlloyd@jrlloydlaw.com or visit me at jrlloydlaw.com or thelouisvilledivorcelawyer.com or thelouisvilledivorceattorney.com.

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