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July 2016 Archives

Kentucky Child Support Awards For The High And Low Income Earning Parents

There are guidelines set forth in KRS 403.212 used to determine the child support awards in Kentucky Family Courts. In 1990, Kentucky revised its child support guidelines for original and modified orders, with an eye toward consistency and predictably in child support awards. The Guidelines serve as a rebuttable presumption of the child support award in any given case, based primarily on the combined gross incomes of the parents. The court is required to enter a child support order when the divorcing couple has minor children together. However, the child support guidelines are outdated and many attorneys are of the opinion that the support guidelines need to be overhauled. The Child Support Guidelines stop considering income beyond a combined gross monthly income of $15,000.00. There are many families in Kentucky who are earning far more than $15,000.00 per month. Conversely, there are just as many, if not more, families who are struggling to make ends meet and cannot afford guideline support. Until recently, it was very unlikely for the courts in Kentucky to deviate from the guideline child support number, regardless of the child's needs or the parents' income.

Prenuptial Agreements, Do I Need One?

So you're getting married and now you need to decide whether you should execute a prenuptial agreement. Both Kentucky and Ohio law allow these contracts prior to the marriage to define marital rights and the rights of either spouse upon death or divorce.

Polygraph Examinations: Are They Admissible In Court?

The polygraph examination (i.e., lie detector test), because of its perceived reliability issues, remains a controversial subject. In 1923, the D.C. Circuit Court in Frye v. United States upheld a trial court's decision to exclude a polygraph test the defendant sought to introduce at trial to support his murder defense. In affirming the trial court's decision, the court ruled the polygraph test had "not yet gained such standing and scientific recognition among physiological and psychological authorities." Still today, most courts throughout the county follow this trend of excluding polygraph test results from a trial under all circumstances. This is known as the per se exclusion rule.

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