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403.160b Temporary orders — Maintenance, child support, injunction — Disclosure of information on domestic violence or child abuse

As your Kentucky Divorce Lawyer let me help you obtain the best outcome for your family law situation.

(1) In a proceeding for dissolution of marriage or for legal separation, or in a
proceeding for disposition of property or for maintenance or support following
dissolution of the marriage by a court which lacked personal jurisdiction over
the absent spouse, either party may move for temporary maintenance. The
motion shall be accompanied by an affidavit setting forth the factual basis for
the motion and the amounts requested.

(2) (a) In a proceeding for dissolution of marriage, legal separation, or child
support, either party, with notice to the opposing party, may move for
temporary child support. The motion shall be accompanied by an affidavit
setting forth the number of children of the marriage and the information
required to calculate the combined adjusted parental gross income set
forth in KRS 403.212(2)(g), and the Social Security numbers, provided in
accordance with KRS 403.135, of all parties subject to the motion. The
court shall, within fourteen (14) days from the filing of said motion, order
an amount of temporary child support based upon the child support
guidelines as provided by law, and the ordered child support shall be
retroactive to the date of the filing of the motion unless otherwise ordered
by the court.

(b) Upon a showing of good cause, either party may move the court to enter
an order for temporary child support without written or oral notice to the
adverse party. After reviewing the affidavit required by paragraph (a) of
this subsection, the court may issue a temporary child support order
based upon the child support guidelines. The order shall provide that the
order becomes effective seven (7) days following service of the order and
movant’s affidavit upon the adverse party unless the adverse party, within
the seven (7) day period, files a motion for a hearing before the court. The
motion for hearing shall be accompanied by the affidavit required by
paragraph (a) of this subsection. Pending the hearing, the adverse party
shall pay child support in an amount based upon the guidelines and the
adverse party’s affidavit. The child support order entered following the
hearing shall be retroactive to the date of the filing of the motion for
temporary support unless otherwise ordered by the court.

(3) As part of a motion for temporary maintenance or support or by independent
motion accompanied by affidavit, either party may request the court to issue a
temporary injunction or restraining order pursuant to the Rules of Civil
Procedure.

(4) If the court or agent of the court is made aware that there is reasonable
evidence of domestic violence or child abuse, the court shall determine
whether disclosure to any other person of the information could be harmful to
the parent or child, and if the court determines that disclosure to any person
could be harmful, the court and its agents shall not make the disclosure.

(5) On the basis of the showing made and in conformity with KRS 403.200, the
court may issue a temporary injunction or restraining order and an order for
temporary maintenance in amounts and on terms just and proper in the
circumstances.(6) A temporary order or temporary injunction:
(a) Does not prejudice the rights of the parties or the child which are to be
adjudicated at subsequent hearings in the proceeding;
(b) May be revoked or modified before final decree on a showing of the facts
necessary to revocation or modification under the circumstances; and
(c) Terminates when the final decree is entered or when the petition for
dissolution or legal separation is voluntarily dismissed.

http://www.lrc.ky.gov/statutes/chapter.aspx?id=39213

Bankruptcy Chapter 13 Part 1

Individual Debt Adjustment

The chapter of the Bankruptcy Code providing for adjustment of debts of an individual with regular income. (Chapter 13 allows a debtor to keep property and pay debts over time, usually three to five years.) As your Louisville Bankruptcy Attorney I will guide you through the Chapter 13 Bankruptcy process.

Chapter 13 offers individuals a number of advantages over liquidation under chapter 7. Perhaps most significantly, chapter 13 offers individuals an opportunity to save their homes from foreclosure. By filing under this chapter, individuals can stop foreclosure proceedings and may cure delinquent mortgage payments over time. Nevertheless, they must still make all mortgage payments that come due during the chapter 13 plan on time. Another advantage of chapter 13 is that it allows individuals to reschedule secured debts (other than a mortgage for their primary residence) and extend them over the life of the chapter 13 plan. Doing this may lower the payments. Chapter 13 also has a special provision that protects third parties who are liable with the debtor on “consumer debts.” This provision may protect co-signers. Finally, chapter 13 acts like a consolidation loan under which the individual makes the plan payments to a chapter 13 trustee who then distributes payments to creditors. Individuals will have no direct contact with creditors while under chapter 13 protection.

NOTES

The “current monthly income” received by the debtor is a defined term in the Bankruptcy Code and means the average monthly income received over the six calendar months before commencement of the bankruptcy case, including regular contributions to household expenses from nondebtors and including income from the debtor’s spouse if the petition is a joint petition, but not including social security income or certain payments made because the debtor is the victim of certain crimes. 11 U.S.C. § 101(10A).

A fee of $25 is charged for converting a case under chapter 13 to a case under chapter 7.

http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics/Chapter13.aspx

Domestic Violence and Abuse

403.725b Petition, who may file — Protective orders.

(1) Any family member or member of an unmarried couple who is a resident of this
state or has fled to this state to escape domestic violence and abuse may file a
verified petition in the District Court of the county in which he resides. If the
petitioner has left his usual place of residence within this state in order to avoid
domestic violence and abuse, the petition may be filed and proceedings held in
the District Court in the county of his usual residence or in the District Court in
the county of current residence. Any family member or member of an
unmarried couple who files a petition for an emergency protective order in
District or Circuit Court shall make known to the court any custody or divorce
actions, involving both the petitioner and the respondent, that are pending in
any Circuit Court in the Commonwealth. The petition shall also include the
name of the court where filed.

(2) Any family member or any member of an unmarried couple, as those terms are
defined in KRS 403.720, may file for and receive protection under KRS
403.715 to 403.785, notwithstanding the existence of or intent to file an action
in the Circuit Court by either party under the provisions of this chapter.

(3) A petition filed pursuant to subsection (1) of this section may be filed by the
family member or member of an unmarried couple seeking relief or by an adult
family member or member of an unmarried couple on behalf of a minor family
member.

(4) If a family member files an action for dissolution of marriage or child custody in
Circuit Court, the Circuit Court shall have jurisdiction to issue a protective order
upon the filing of a verified motion therein either at the commencement or
during the pendency of the action in Circuit Court pursuant to the provisions of
KRS 403.730 to 403.785.

(5) No Circuit or District Court shall require mediation, conciliation, or counseling
prior to or as a condition of issuing an emergency protective order or domestic
violence order.

(6) When the elected, appointed, or special judge of the district is absent from the
district, otherwise unavailable, or unable to act, any Circuit Judge shall have
the authority to issue an emergency protective order pursuant to KRS 403.730
to 403.785. If a Circuit Judge issues an emergency protective order, except as
otherwise provided in this section, that judge shall conduct the hearing as
required by KRS 403.745 and any order issued shall be enforced as provided
in this chapter.

(7) During any hearing in Circuit Court on dissolution of marriage, child custody, or
visitation, at which both parties are present or represented by counsel, the
Circuit Judge shall have the authority to issue a protective order pursuant to
KRS 403.750 to 403.785.

(8) Following the issuance of a protective order under this section, if the judge who
issued the order is absent from the district, otherwise unavailable, or unable to
conduct proceedings regarding the enforcement, violation, or modification of
the order within a reasonable time, the proceedings shall be conducted by any
District or Circuit Judge.

http://www.lrc.ky.gov/statutes/statute.aspx?id=17462

KRS 403.170 Marriage-Irretrievable Breakdown

(1) If both of the parties by petition or otherwise have stated under oath or
affirmation that the marriage is irretrievably broken, or one of the parties has so
stated and the other has not denied it, the court, after hearing, shall make a
finding whether the marriage is irretrievably broken. No decree shall be entered
until the parties have lived apart for 60 days. Living apart shall include living
under the same roof without sexual cohabitation. The court may order a
conciliation conference as a part of the hearing.

(2) If one of the parties has denied under oath or affirmation that the marriage is
irretrievably broken, the court shall consider all relevant factors, including the
circumstances that gave rise to filing the petition and the prospect of
reconciliation, and shall:

(a) Make a finding whether the marriage is irretrievably broken; or

(b) Continue the matter for further hearing not fewer than 30 nor more than
60 days later, or as soon thereafter as the matter may be reached on the
court’s calendar, and may suggest to the parties that they seek
counseling. The court, at the request of either party shall, or on its own
motion may, order a conciliation conference. At the adjourned hearing the
court shall make a finding whether the marriage is irretrievably broken.

(3) A finding of irretrievable breakdown is a determination that there is no
reasonable prospect of reconciliation.

Effective:June 17, 1978
History: Amended 1978 Ky. Acts ch.b236, sec.b2, effective June 17, 1978. –
Created 1972 Ky. Acts ch.b182, sec.b7.

http://www.lrc.ky.gov/statutes/chapter.aspx?id=39213

Role of a Bankruptcy Case Trustee

When a chapter 7 petition is filed, the U.S. trustee (or the bankruptcy court in Alabama and North Carolina) appoints an impartial case trustee to administer the case and liquidate the debtor’s nonexempt assets. 11 U.S.C. §§ 701, 704. If all the debtor’s assets are exempt or subject to valid liens, the trustee will normally file a “no asset” report with the court, and there will be no distribution to unsecured creditors. Most chapter 7 cases involving individual debtors are no asset cases. But if the case appears to be an “asset” case at the outset, unsecured creditors (7) must file their claims with the court within 90 days after the first date set for the meeting of creditors. Fed. R. Bankr. P. 3002(c). A governmental unit, however, has 180 days from the date the case is filed to file a claim. 11 U.S.C. § 502(b)(9). In the typical no asset chapter 7 case, there is no need for creditors to file proofs of claim because there will be no distribution. If the trustee later recovers assets for distribution to unsecured creditors, the Bankruptcy Court will provide notice to creditors and will allow additional time to file proofs of claim. Although a secured creditor does not need to file a proof of claim in a chapter 7 case to preserve its security interest or lien, there may be other reasons to file a claim. A creditor in a chapter 7 case who has a lien on the debtor’s property should consult an attorney for advice.

Commencement of a bankruptcy case creates an “estate.” The estate technically becomes the temporary legal owner of all the debtor’s property. It consists of all legal or equitable interests of the debtor in property as of the commencement of the case, including property owned or held by another person if the debtor has an interest in the property. Generally speaking, the debtor’s creditors are paid from nonexempt property of the estate.

The primary role of a chapter 7 trustee in an asset case is to liquidate the debtor’s nonexempt assets in a manner that maximizes the return to the debtor’s unsecured creditors. The trustee accomplishes this by selling the debtor’s property if it is free and clear of liens (as long as the property is not exempt) or if it is worth more than any security interest or lien attached to the property and any exemption that the debtor holds in the property. The trustee may also attempt to recover money or property under the trustee’s “avoiding powers.” The trustee’s avoiding powers include the power to: set aside preferential transfers made to creditors within 90 days before the petition; undo security interests and other prepetition transfers of property that were not properly perfected under nonbankruptcy law at the time of the petition; and pursue nonbankruptcy claims such as fraudulent conveyance and bulk transfer remedies available under state law. In addition, if the debtor is a business, the bankruptcy court may authorize the trustee to operate the business for a limited period of time, if such operation will benefit creditors and enhance the liquidation of the estate. 11 U.S.C. § 721.

Section 726 of the Bankruptcy Code governs the distribution of the property of the estate. Under § 726, there are six classes of claims; and each class must be paid in full before the next lower class is paid anything. The debtor is only paid if all other classes of claims have been paid in full. Accordingly, the debtor is not particularly interested in the trustee’s disposition of the estate assets, except with respect to the payment of those debts which for some reason are not dischargeable in the bankruptcy case. The individual debtor’s primary concerns in a chapter 7 case are to retain exempt property and to receive a discharge that covers as many debts as possible.

http://www.uscourts.gov/FederalCourts/Bankruptcy/BankruptcyBasics/Chapter7.aspx

How You Qualify for Social Security Disability Benefits

To qualify for Social Security disability benefits, you must first have worked in jobs covered by Social Security. Then you must have a medical condition that meets Social Security’s definition of disability. In general, we pay monthly cash benefits to people who are unable to work for a year or more because of a disability.

Benefits usually continue until you are able to work again on a regular basis. There are also a number of special rules, called “work incentives,” that provide continued benefits and health care coverage to help you make the transition back to work.

If you are receiving Social Security disability benefits when you reach full retirement age, your disability benefits automatically convert to retirement benefits, but the amount remains the same.

http://www.ssa.gov/dibplan/dqualify.htm

Get In Touch

If you are in need of an attorney in Louisville or Southern Indiana, reach out to me today to discuss.

502-758-0572
info@johnbundylaw.com
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