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Edgewood Kentucky Family Law Blog

Reasons to consider a prenuptial agreement

Soon-to-be spouses in Kentucky might want to consider getting a prenuptial agreement, particularly if they are part of a blended family, are marrying for a second time or own a business. A prenuptial agreement can protect a business owner from losing or having to share the business with an ex-spouse in the case of divorce.

Someone who is coming into a marriage with significant assets might want a prenup as well. Those assets might actually be considered marital property, but a prenup can safeguard against this. A prenup can also protect a person against having to take on a former spouse's debts.

Trends show rise in divorce among older adults

Statistics show that more older spouses in Kentucky are dealing with the effects of divorce. The divorce rate for the 65-and-older age group has tripled since 1990; for spouses 50 and older, it has doubled.

Divorce can result in both social and financial challenges for this age group. After separating, couples may lose the social ties they had. A single person age 65 or older needs 79 percent of the income of a two-person household, according to a 2014 report from the Government Accountability Office for the Senate Special Committee on Aging. Older divorced women are particularly at risk; they have an 80 percent higher chance of living in poverty once they reach age 65.

Prenuptial agreements can benefit everyone

Asking your fiance for a prenup is not always easy. Although these documents are important family law tools, many people in Kentucky still view them in a negative light. For some, prenuptial agreements are a sign that their significant other does not have any faith in their upcoming nuptials. 

You already know that a prenup is not an indication that your marriage will fail. After all, couples marry and divorce every year without ever signing any type of pre- or post-marital agreement. Having one, however, can protect you no matter the outcome of your own marriage. Here are a few reasons you might want to consider overcoming your fears and talking to your significant other about a prenup. 

How co-parents can work together effectively

Almost anyone in Kentucky or anywhere else who shares in the responsibility of raising a child can be considered a co-parent. This can include biological parents, grandparents and foster parents. It can also include unmarried couples who had a child together. Those who are responsible for raising a child should keep the best interests of him or her as their top priority. Interactions with the child's other parent should be formal and businesslike.

Children should never be put in the middle of issues between adults, and they should never be used to gather information on a parent's behalf. Parenting classes are available for individuals who don't think that they can get along with the other adults helping to raise their children. Ideally, people will encourage their children to have relationships with the other parents as well as other key adults in their lives.

Mother of rapper Gucci Mane's child asks for more support

Kentucky fans of rapper Gucci Mane may have heard that the mother of his son is asking him for more in child support. According to Mane's autobiography, he was unaware of the child until the son was 10 months old. He took a paternity test to verify that he was the father after people commented that the child looked like him.

In 2011, he was ordered to pay $2,026.49 in child support. However, since Mane's release from prison in 2016, his career has done well. This has led the mother to reportedly ask for $20,000 in child support.

Getting started with child support

When parents in Kentucky first begin to deal with child support, they may feel confused and overwhelmed. Many parents first are in contact with the support system after a divorce or other breakup, and they may feel emotionally vulnerable and uneasy. While most people know that non-custodial parents have an obligation to provide financially for their children, they may not understand how the determination is made or how a child support order is put into place.

First, parenthood must be officially established. Maternity can be shown by proving that the mother gave birth to the child, but there are several ways to determine paternity. If a mother gives birth while married to a man, the husband is presumed to be the putative father. An unmarried father can sign an acknowledgement of paternity at the child's birth or any time thereafter. In some cases, however, paternity is in dispute or doubt. Parents can seek a DNA test to prove whether a particular man is the father of the child. Once paternity is proven through a genetic test, a court order can be issued officially recognizing paternity.

The four different types of child support arrangements explained

Many people assume that child support is something one former spouse simply pays to the ex who happens to have custody. While this is one common way this type of financial assistance may work in Kentucky, there are other child support arrangements that can also be set up. Support cases are broken down as IV-A, IV-D, and IV-E cases and non-IV-D cases. The "IV" refers to a provision of the Social Security Act that provides grants to states to cover financial needs for families with children.

A non-IV-D case is one where child support is established privately between involved parties. This is often the case following a divorce where one spouse will be supporting the child or children. With IV-D cases, a custodial parent needs some assistance from the Office of Child Support Enforcement. This may involve establishing and enforcing support orders or locating the parent without custody to obtain payments.

Financial concerns for older people in a divorce

Older couples in Kentucky may be getting divorced at higher rates than in the past. According to Pew Research, the divorce rate nationwide for people older than 50 is twice as high as it was in the 1990s. Divorce among older couples can present a certain set of challenges even if both parties are striving for fairness.

One issue is that dividing the property that many couples have acquired by this stage of life can be complex. For example, there are a number of rules around dividing annuities, and they can lose value. Some couples opt instead for one person to take annuities while the other one takes an asset of equal value in order to avoid this situation.

Preparing for divorce when you've been a stay-at-home spouse

The tussle over custody for your children will likely be your top priority as you work through your divorce. When custody issues are in the forefront, it may be easy to overlook the importance of your finances. However, once the dust settles and a judge has signed your divorce papers, you do not want to have a settlement that causes you to struggle to make ends meet.

Taking steps to protect your financial future as early as possible is essential, especially if you and your spouse agreed that you would give up your career to take care of the children and the home. Your spouse may try to convince you that you do not have a share in the money he or she earned while you were out of the job market. This is not true, and there are steps you can take to protect your right to a fair share of your marital assets.

Tips for successful post-divorce parenting

As some divorced Kentucky parents know, tensions do not always end after a divorce is finalized. This is particularly true when there are children and co-parenting involved. However, there are a variety of ways parents can make the process easier.

The first thing is to remember that the best interests of the children should always be prioritized. For this reason, parents should be honest and positive about the situation. This means accepting and encouraging the relationship between the other parent and the children. It also means avoiding speaking negatively about the other parent, even if the other parent is not meeting their parental responsibility. It is best that the children realize this on their own, instead of being told by one parent. As the children grow and ask questions, they should be told simple yet honest answers.

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