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Grayson, Kentucky, Legal Blog

Gray divorce emphasizes financial matters in family law

While age still does appear to confer a measure of security for marriages in Kentucky, there is an upward trend of divorces during the senior years. So-called gray divorces are less likely to result in the family legal issues common among younger marriages, such as custody and visitation, but these splits often have serious consequences on finances. Gray divorces show a stronger statistical correlation to marriage history and retirement security than any other factor, according to studies.

In one study, the authors reported that remarried spouses are more than twice as likely to get divorced. The other significant data point to emerge was that couples who owned property together or had assets in excess of $250,000 were less likely to go through a gray divorce. Though high-asset divorce is less likely, concerns over the family law issues of alimony and property division are just as serious.

Take time to accept insurance settlements after a car accident

If you have ever had to deal with any type of insurance company for any reason, you know how frustrating the process can be. To avoid drawn-out involvement, it is natural to want to jump at any settlement offer, no matter how meager.

However, accepting a settlement offer too soon after you have been in a car accident could be a mistake.

Custody mistakes for parents to avoid

For Kentucky estranged parents, a divorce and associated child custody hearings can be emotional events. However, it is important for a parent to avoid making unforced errors such as talking about the case to a friend or otherwise being transparent about his or her legal strategy. Ideally, the only person parents will talk to during a child custody case is their lawyer.

At no time should emotions play a role in a parent's decision making process. It is possible that other family members may urge a parent to ask for more child support or more parenting time. However, there is no reason to turn a potentially amicable hearing into a contentious event. Furthermore, parents should not make a child custody hearing a referendum on how a former spouse was as a partner.

Device may detect use of phone in car accidents

After a Kentucky motor vehicle accident, it can be difficult to tell if drivers were texting or using their phone in some other way, but if a new device is approved, law enforcement may be able to better identify this as one cause of accidents. The "textalyzer" can be attached to a phone to identify the last actions of the user as well as distinguishing whether the user was in hands-free mode or not.

An advocacy group founded by a man whose 19-year-old son was killed in an accident with a texting driver worked with a company to develop the device. The driver who was responsible for that accident told police that he had fallen asleep while behind the wheel. Police could not look at his phone without a search warrant, and the father had to get a subpoena for the driver's phone records to find out that he was using the text message function when the accident took place.

Getting compensation for PTSD after a car accident

Kentucky residents who have been in a car crash caused by the negligence of another motorist might suffer from post-traumatic stress disorder, but they might struggle to prove it and its relationship to the accident. Therefore, it may be difficult to get compensation for it in a lawsuit. First, it is necessary to prove that the victim has been diagnosed with PTSD by a doctor. An expert medical witness might be necessary in court.

However, the injured person must also prove that the PTSD is because of the motor vehicle accident. The defendant could counter that the person had been diagnosed with PTSD earlier or that the PTSD is unrelated. However, even if people had a previous diagnosis of the condition, they could still try to demonstrate that they suffered a recurrence as a result of the accident.

Determining fault in a tailgating accident

Kentucky drivers who fail to maintain a safe following distance may be considered at fault in the event of an accident. To prove negligence, occupants of a car that were injured after being hit by a vehicle that was following too closely would need to show that the operator of the tailgating vehicle had a duty of care to drive safely. Then, it must be shown that this duty was breached and that such breach was the cause of their injuries.

Finally, it must be established that damages were incurred because of the breach of duty. This may be done by providing medical bills or other relevant documentation. In some cases, negligence can be established by pointing out the fact that a driver violated the law by following too closely. Most states have laws that forbid drivers from following closer than is prudent or necessary.

Spring driving hazards which can cause accidents

Spring has arrived in Kentucky. The trees are budding, grass is growing, people are starting to be outside more. Even though there is no ice or snow on the road, there are many factors in the spring which can cause an accident. It is important to stay alert on the road all year long. 

Watch out for these four hazards during your springtime driving

  •          Water on the road - You never know what is under the water when you are driving through a large puddle. Err on the side of caution when you see water on the road.
  •          Potholes - Now that freezing temperatures do not keep the ground hard, potholes form where the ground eroded away from the road. Try to avoid potholes because you could lose control of your vehicle and have an accident.
  •          Improperly maintained cars - Many people forget how hard winter weather can be on their autos. Tires, windshield wipers and brakes take a lot of abuse through the bad weather and should be checked in the spring.
  •           Allergy drugs - April showers bring May flowers and seasonal allergies. Some medications can affect your driving ability and slow down your reaction time. 

How to get delinquent child support

There are many Kentucky custodial parents who rely on child support payments. They along with non-custodial parents should be aware of how back support can be requested.

When they file for child support, custodial parents can also make a request for retroactive support. Any claims that are submitted for retroactive support are required to be supported by a list of expenses for the affected child.

Child custody modifications for disabled parents in Kentucky

It's common for one parent to end up with child support obligations after a divorce. Support obligations are based on the income of the parent in question. Therefore, if a person's income is reduced, they may be able to petition to have their payment obligations lowered.

If a noncustodial parent becomes disabled, it is likely that their income will suffer as a result. While there are some individuals who will be able to perform the same job functions with a disability, many will not be able to work as much or at all. As a result, parents who pay child support and develop disabilities will often be able to get a child support modification and reduce the amount that they are required to pay.

Dealing with a family businesses in a divorce

Husband and wife entrepreneurial teams are not uncommon in Kentucky and around the country, but deciding how to divide business assets can become a contentious subject when these couples divorce. Some married business owners choose to tackle the issue directly by putting detailed buyout clauses into place, which is a step that the founders of a thriving New York-based software company may wish they had taken.

The couple involved formed their company while studying at New York University in the 1990s, and the business has gone on to become a leader in automated translation that boasts more than 3,000 employees. However, the couple, who never formally married, soon began to disagree, and they had no written buyout policies in place to prevent a protracted and costly legal battle from developing.

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