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Wendi Swinson Wagner

Wendi Wagner’s Answers

6 total

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  • Can I move 30 miles away if my ex husband and I have joint custody; but I have residential custody?

    Wendi’s Answer

    I would like a little more information, but a 30 mile move may not require court approval.

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  • If I divorce will I be responsible for medical bills?

    Wendi’s Answer

    Medical bills incurred by an ill spouse during the marriage are considered marital debt. Many times in a divorce situation, medical debt is bankrupted by one spouse. As to assets, all assets generated during the marriage, with a few exceptions such as inheritance, will be considered marital and subject to an equitable division by the court. Properties purchased AND paid for prior to marriage would be non-marital. Putting property in your children's names won't change the marital nature if it's marital.

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  • What age can my children say they do not want to visit their dad on his weekend?

    Wendi’s Answer

    There is no magic age in KY for the child's wishes to be controlling, however, the older and more mature the child, the more weight the court will give to the child's preferences. 14 is pretty strong on that front.
    Also, the reasons for not wanting to visit are sound reasons, e.g., dad talks down to me and makes me feel bad about myself. The sleeping situation also supports her decision to not visit.

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  • I’m 17 and my parents have joint custody but i want to live with my mom is that possible ?

    Wendi’s Answer

    Kentucky has no specific age at which the "child" gets to decide, however, the older and more mature the child, the more weight the court will give your preference. Your reasons stand a better chance than a child who wants to stay with mom because she's less strict than dad, for example. I would keep a journal of dates and details of the conflict/abuse so that you have concrete info. to provide if and when needed. If you see a counselor or have an "impartial" person to talk to, make sure you share your feelings with that person and maybe call them as a witness.

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  • Assuming no death or remarriage, when does spousal maintenance end?

    Wendi’s Answer

    The conditions resulting in the end of maintenance might be spelled out in the parties' agreement. If not, and there is no death or remarriage, a spouse can ask the court to terminate maintenance if circumstances have changed since the original maintenance obligation so as to make the continued payment of maintenance very unfair to the person paying it.

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  • While someone in jail can she get divorced or do she needs to be released first

    Wendi’s Answer

    She can get a divorce, however, it will only be "uncontested" if the husband doesn't contest it. And, even if he does, she can still get a divorce because KY is a no-fault divorce state.

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