Michael Jason Lawrence’s Answers

Michael Jason Lawrence

Louisville Family Law Attorney.

Contributor Level 11
  1. Do I Need To Hire A Kentucky Lawyer or a Virginia One?

    Answered 4 months ago.

    1. Michael Jason Lawrence
    2. Michael William Bouldin
    3. Paul Ritchie Hobbs
    4. David Alexander Browde
    4 lawyer answers

    Pursuant to the Uniform Custody Jurisdiction Enforcement Act child custody litigation should be in the courts of the child's "home state," which is defined as the state where the child has lived with a parent for six consecutive months prior to the commencement of the proceeding (or since birth for children younger than six months). If your child has lived in Kentucky with you for the prior six months, then Kentucky is the state where you need to file. Best of luck.

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  2. After being married for less than 2years,my husband cheated on me ,I filed for divorce .is he entitled for spousal support? Ky

    Answered about 1 year ago.

    1. Michael Jason Lawrence
    2. Anna M. Aleksander
    3. Eugene Andre Ahtirski
    3 lawyer answers

    I agree with Mr. Ahtirski, that it is difficult to answer based on the facts you present. However, here is some information that may help you. With regard to spousal support (also called 'maintenance' or 'alimony') KRS 403.200 governs. I have attached a link to KRS 403.200 below. This statute provides a two part test. Section 1 is the test for whether the court may award maintenance. If the criteria in (a) and (b) are not met there can be no award. If both criteria are met the court may...

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  3. What must I do to notify court that I am 62, retired and am finished my maintenance payments?

    Answered over 1 year ago.

    1. Michael Jason Lawrence
    2. John Naumovski
    3. David B Pittman
    3 lawyer answers

    You should have an attorney review the Decree. You can often find attorneys that do not charge for initial consultations. They can review your documents and let you know if anything needs to be filed. If not, that is great for you. If so, they can quote you a fee and you can decide if you would like to retain them or prepare and file the document on your own. Best of luck.

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  4. Abandonment

    Answered about 2 years ago.

    1. Michael Jason Lawrence
    2. Peggy Margaret Raddatz
    2 lawyer answers

    What your wife can do is ask for maintenance (also known as alimony). She has a right to ask for temporary maintenance as soon as the divorce is filed. Temporary maintenance generally ends when the divorce decree is entered. When the divorce decree is entered it may include a provision for future maintenance. Unlike child support their is no formula for maintenance. The amount of maintenance you may have to pay and the duration for which you may have to pay it are up to the judges...

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  5. How much is my wife entitled to while we are living separate?

    Answered about 2 years ago.

    1. Michael Jason Lawrence
    2. Peggy Margaret Raddatz
    2 lawyer answers

    Kentucky does not provide a formula or guidelines for maintenance (also called alimony). When calculating child support (I know you do not have children) there are guidelines and tables and it is usually it is possible to determine an exact amount that will be owed. There is no 'calculating' maintenance. Maintenance is at the Judges discretion. Here is a link to the Kentucky Statute which allows for maintenance. http://lrc.ky.gov/KRS/403-00/200.PDF Section 1 details when maintenance may...

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  6. Can my ex get me for back child support if we agreed to a lower amount?

    Answered over 1 year ago.

    1. Michael Jason Lawrence
    1 lawyer answer

    Can she try to get back-due child support from you? Yes. Even if you paid on time, every week, she could claim you did not. Whether she will be successful is a different story. Judges tend to follow the Court Order that is in force. If parties reach a new agreement it should be prepared as an Agreed Order and filed with the Court. If that is not the case they can still enforce an agreement if the parties can prove that the agreement existed and that the terms were clear. If the current...

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  7. Does my child support to children from a previous relationship get lowered if a new case is opened?

    Answered almost 2 years ago.

    1. Michael William Bouldin
    2. Michael Jason Lawrence
    3. Nicole Prebeck
    3 lawyer answers

    The short answer is no. The amount you pay on the prior born children should not change. However, the amount you pay on to your current wife will probably be less. The amount of child support is based in part on your income. When filling out the Kentucky Child Support worksheet to determine the amount of child support you may have to pay your current wife you can reduce the amount you are paying to your first ex from your income so that the amount you pay your current wife should be less....

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  8. Do I need to obtain permission from the court/NCP if I relocate?

    Answered about 1 year ago.

    1. Michael Jason Lawrence
    2. Nicole Prebeck
    2 lawyer answers

    Family Court Rule of Practice and Procedure ('FCRPP') 7(2)(b) requires: "Before a sole custodian seeks to relocate, written notice shall be filed with the court and notice shall be served on the non-custodial parent." If his parenting time is effected he can object to the motion. If it is not he may not be able to object. Either way, you need to send the appropriate notices. I have attached links to the FCRPP index and to FCRPP 7 below. Best of luck.

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  9. I am planning to open a private therapy practice. I have professional liability insurance. Do I need to do a PLLC?

    Answered 5 months ago.

    1. Michael Jason Lawrence
    2. Frank Anthony Natoli
    3. John P Corrigan
    4. Charles R Smith
    4 lawyer answers

    I agree with all the attorney's above. Structuring a business as a PLLC protects your personal assets and provides very different protection than insurance. When you consider the relatively small cost to create and register an LLC (or PLLC), it is an easy choice for most business owners. If you would like more information about the legal protections offered by a PLLC, or the time/expense to get set up, you are more than welcome to call my office. Best of luck.

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  10. Is a child custody agreement written by the children's father, sent to me, and signed by a notary considered a legal document?

    Answered about 1 year ago.

    1. Howard M Lewis
    2. David Brent Cox
    3. Michael Jason Lawrence
    4. Steven Lynn Boling
    4 lawyer answers

    Once you both sign it you have a binding agreement. That being said, it is an agreement that may be inconsistent with a court order. The best practice is to style it as an Agreed Order and file it with the Court. This is a simple task that an experienced family law attorney could probably complete in less than 2 hours. Best of luck.

    3 lawyers agreed with this answer