Free Consultations Available (859) 663-5900     
yellowpages avvo

 

What Is Family Law?

Family law is a term with many different definitions. James Noll Law is experienced working with all of them. Being married or having children is not a prerequisite to family court. James Noll Law handles everything from emergency protection orders to divorce. Child custody to child support.

Going to family court is not shameful or embarrassing. However, you must be prepared. Do not enter family court  without an attorney, because Family law operates completely different than criminal and civil.  From divorce to child support to child custody you and your family need strong representation. 

Schedule A Consultation

You Have More Options

Alternative Dispute Resolution

You and your family have other options available besides a courtroom battle. Alternative Dispute Resolution (ADR) is one alternative. ADR reduces how much collateral damage family court causes. Furthermore, it is infinitely more cost effective than a courtroom battle. Let James Noll Law help you and your family today.


Helpful Resources

Families facing transition.

Learn more about protection orders?

Download the Brochure.

Want to file for divorce, get a head start.

Check out the state’s divorce education program.

 

3 Things Men Need to Know About Divorce

Recently, I had an excited man walk into my office - which is directly across from the Campbell County Courthouse - seeking a Notary Public.  He had prepared  his own divorce documents........

Read More

 

WHAT’S THE DIFFERENCE BETWEEN ALIMONY AND CHILD SUPPORT?

Alimony and child support are two types of support payments that can be awarded to a party by the Family Court System. They are very different and are awarded under different circumstances. 

Alimony is a type of financial support...... 

Read More

 

DO PRENUPTIAL AGREEMENTS WORK?

To answer this question, let’s first start off with what a prenuptial agreement is. A prenuptial agreement is type of contract entered before the marriage. In the contract both parties outline all the separate and joint financial interests/property they have coming into the marriage........

Read More

 

DO POSTNUPTIAL AGREEMENTS WORK?

Recently, I’ve been wondering why postnuptial agreements are not used more frequently.  Short of a Divorce or Legal Separation, a postnuptial agreement may allow quarreling spouses to agree on some terms of the marriage relationship.  The topic of discussion for this .........

 Read More

 

3 CHILD CUSTODY DO'S AND DON'TS

Child custody arrangements can be an emotional and financially draining process to go through. It is one of the most important parts of a divorce, and the outcome directly affects both parties and the children involved. Parents will always have their own beliefs as to what is best for their child and sometimes that belief clouds judgment which in turn could promote certain tactics and behavior during this process that could do more harm than good.........

Read More

 

  • family_law_family_court_james_noll_law.jpg
  • do postnuptial agreements work james noll law.jpeg
  • The Legal Pad James Noll Law.jpeg
  • do postnuptial agreements work james noll law.jpeg

 

 

3 Things Men Need to Know About Divorce

 

  1. What is Family Court ?
  2. Child Support and Alimony
  3. Parenting Schedule

 

Recently, I had an excited man walk into my office - which is directly across from the Campbell County Courthouse - seeking a Notary Public.  He had prepared  his own divorce documents for filing and he needed someone to notarize them.  He had been to the Courthouse and there wasn’t a Notary available.  He was aggravated and anxious to get the papers filed that day.  My duties as a licensed attorney exceed my duties as a notary public so I couldn’t notarize his documents.  I suggested the county attorney’s office or the bank on Monmouth Street.  He thanked me and left in a hurry. 

Had he come in my office for a consultation about a divorce, I would have told him what I and many attorneys say often: “If you’re going to Court, you should be represented by an Attorney.  You wouldn’t perform major surgery on yourself.  You would only allow a trained and practiced surgeon do it.” 

By analogy, Court appearances and filings require an attorney insure things are done properly.

    

I also would have advised him on the 3 things men need to know abut divorce.

 What is Family Court ? -Family Court Jurisdiction - Kentucky Courts have specialized Family Courts and Judges pursuant to KRS 23A.100 The Kentucky Supreme Court adopted updated Family Court Rules effective January 1, 2018.  These rules can be found on the Administrative Office of the Courts website at www.courts.ky.gov.    A 

  1. 3 things men need to know about divorce james noll law.jpegprincipal of the Family Court system is “One Family, One Judge.”  This means the Family Court Judge your divorce petition is assigned to will hear all issues relating to the divorce and children until the children become adults at age 18.  While all Judges are obligated to follow the law, Family Court Judges in particular have wide latitude on how they administer it and decide issues.  The “best interest of the child” standard is subject to the interpretation of the particular Family Court Judge and how he or she views the case, the parties, the attorneys, and the community. 

 

  1. Child Support versus Alimony - Kentucky law provides statutory guidelines for the amount of child support that a non-custodial parent must pay the custodial parent for the care of the children. The parents’ respective income is taken into account as well as daycare and healthcare costs.  If one parties’ income is much greater than the others alimony may be in order. 

 

  1. Parenting Time Schedule - Parents have the natural and legal right to raise their children. Divorcing parents may agree or disagree on child rearing issues.  Men often see their role as a father changing as their children grow from infants to teenagers.  That being said, men can expect a parenting time schedule to be part of the Separation Agreement and Divorce Decree.  Parenting time schedules are negotiable and start with a presumed 50/50 split of james noll law 3 things men need to know about divorce.jpegparenting time.  The best interest of the child standard should guide the parties on how parenting time is to be divided.  Agreements can change and be amended over time, and often are according to life’s circumstances and the needs of the children and working parents.  Mediation is encouraged and often required to establish a parenting time schedule the parties will agree to.

 

 

The reality is you should never go into any legal proceeding without representation.

Don't try to do this yourself.

Schedule A Consultation

 

Back To Top

 

WHAT’S THE DIFFERENCE BETWEEN ALIMONY AND CHILD SUPPORT?

Alimony and child support are two types of support payments that can be awarded to a party by the Family Court System. They are very different and are awarded under different circumstances. 

family_law_family_court_james_noll_law.jpg

Alimony is a type of financial support awarded to a party after a divorce or an annulment. Child Support is a type of financial support payment made by one parent to another for the financial support and welfare of the children of that relationship. Child support does

not require a marriage, generally it is awarded when there is a separation of two individuals in which one party calls on the court to require the other to make support payments in the interest of the couple’s children. These payments are made periodically until the child is 18. Much like Alimony, it is court mandated and must be paid on time and in the amount calculated and prescribed by the court.

 What’s the Difference Between Alimony and Child Support?

Having these two definitions help to make clear the general difference between these two types of support payments, but there is more to be distinguished. With Alimony, there are several different types that the court can require a party to pay their ex- spouse. Modern Family Law. 6thed., Wolters Klewer, 2016.

 They types are as follows:

  • Permanent Alimony- financial support that is paid with no set ending date
  • Limited Duration Alimony- financial support that is given up to a certain date
  • Alimony Pendente lite- Support given only through the duration of the litigation
  • Rehabilitative Alimony- support for limited time until the spouse becomes self-sufficient
  • Reimbursement Alimony: Support payment in which the ex-spouse repays the other for their financial contributions to the marriage while the re-paying party underwent job training or indulged in some educational pursuit.

 

alimony-james-noll_law.jpg

 

As you can see, certain alimony payments can be indefinite in amount and duration. That would not be the case with child support. The parent would only be required to make support payments up until the child reaches the age of majority (18).  However, in some states there is what’s called post-majority support, which requires the parent to continue to provide financial benefits while the child goes through college, but this is a minority standard.

 

 

 

So, overall the major key differences between the two are that:

  • Child support payments are awarded when one parent calls on the court to require the other to make payments in the interest of the child. Alimony payments are awarded by the court after a divorce or annulment
  • Child support is made in the interest of the child. Alimony is made in the interest of the financially disadvantaged spouse.
  • There are several types of alimony payments that the court can prescribe. Generally, child support is one type of payment periodically made from one parent to another.
  • Alimony can be indefinite. Child support is generally only paid into until the child(ren) reaches the age of majority (18).

Schedule A Consultation

Back To Top

 

 

DO PRENUPTIAL AGREEMENTS WORK?

To answer this question, let’s first start off with what a prenuptial agreement is. A prenuptial agreement is type of contract entered before the marriage. In the contract both parties outline all the separate and joint financial interests/property they have coming into the marriage, and how those interests should be divided should the marriage end through divorce or death.

 Do PreNuptial Agreements Work?

Prenuptial agreements work in that they help to resolve and prevent any conflicts that may arise in terms of property and finance distribution at the end of the marriage. It is a way for both parties to come to a mutual decision in how their individual property should be divided or distributed upon death or divorce. When couples do not have a premarital contract in place, at the end of the marriage their property will be divided according to the laws of the state or courts involved. This can sometimes create a problem because property/finances/debt may be divided in such a way that goes against the interest of the parties/families involved. Modern Family Law. 6th ed., Wolters Klewer, 2016.

 

Typically, when marriages end, either through divorce or death, emotions and conflicts can run high. Having this type of contract agreement already drafted and tailored to each party’s interest helps the process run a lot more smoothly. Certain financial assets and debts can be written into the contract to help shield the other spouse from taking such a burden on. Financial burdens like this should be an incentive towards drafting one of these prenuptial agreements. Being able to make these decisions at the beginning effectively and amicably going into such a big venture like marriage, where there is of course always uncertainty about what the future may hold, can help create a lasting peace of mind. “Marriage & Prenuptial Agreements Justia, www.justia.com/Family/marriage-prenuptial-agreements/, Dec.20,2018  

 

family_law_family_court_james_noll_law.jpg 

 So, in short, yes, prenuptial agreements do work. It helps protect the interests of the couple as well as their families. It allows an opportunity for each party to assess their individual financials assets and converse about what should be done that would benefit and reflect the interests of everybody involved. 

Back To Top

 

 

DO POSTNUPTIAL AGREEMENTS WORK?

Recently, I’ve been wondering why postnuptial agreements are not used more frequently.  Short of a Divorce or Legal Separation, a postnuptial agreement may allow quarreling spouses to agree on some terms of the marriage relationship.  The topic of discussion for this blog entry will be postnuptial agreements and how they work and they differ from a prenuptial agreement. A postnuptial agreement is essentially a marital contract executed after the marriage. It functions similarly to a prenuptial agreement by allowing both parties to have a written agreement about how their assets and debts are to  be divided up in the event of divorce, separation or other event.  The biggest difference between a postnuptial and prenuptial agreement is the time and circumstances under which it is executed.  

Given the two types of nuptial or marital agreements, is one preferable over the other?  For many engaged happy couples there is reluctance to discuss a prenuptial agreements for religious and societal reasons.  No one wants to believe or admit their newlywed marital happiness could end in disappointment, pain, and a broken marriage.  Also many young first-time engaged couples do not have much to protect in terms of pre-marital assets.  So prenuptial agreements are not entered into.  Fast forward to five, ten, twenty-five or fifty years  into a marriage  full of ups and downs, children, and complex life issues.  

Do Postnuptial Agreements Work?

A postnuptial agreement may make sense because it can reflect any change or development in assets between the couple that has taken place since the marriage.  For example, a business started by the couple together.  A postnuptial do postnuptial agreements work james noll law.jpegagreement can take into account a business ventures, children, a new love interest or other things unknown to the couple before they were married. 

Another benefit of a postnuptial agreement is that the couples may end up getting into a debate or arguments over finances.  Money is often reported as a leading problem in a couples’ marriage.   Spending and debts can add strain to any marriage.  Once a marriage begins spouses may differ on how the couple’s resources should be spent.  Differences in earnings and priorities for spending complicate things.  Traditional roles of the man as the sole breadwinner and the woman as the homemaker have long been discarded.  Today’s couples normally share in the earning and the homemaking.  Same-sex marriage also exists now as the the law of the land having been approved by the United States Supreme Court.  Postnuptial agreements create an opportunity to revise or edit any provisions in the “marital contract” that may have been left out of consideration when the marriage began or exists in a prenuptial agreement.

Postnuptial agreements can reflect changes in family dynamics, such as the addition of new children, a cheating spouse, or addition of new family members living with the couple. All these instances could affect a couples’ decision making in how they want their assets allocated.  In summary, postnuptial agreements are beneficial and do work allowing for changes in the marriage and changes in the individuals to be reflected in the marital contract.

Schedule A Consultation

SOURCES:

Back To Top

 

 

3 CHILD CUSTODY DO'S AND DON'TS

Child custody arrangements can be an emotional and financially draining process to go through. It is one of the most important parts of a divorce, and the outcome directly affects both parties and the children involved. Parents will always have their own beliefs as to what is best for their child and sometimes that belief clouds judgment which in turn could promote certain tactics and behavior during this process that could do more harm than good. So, it always best to keep a level head in these situations as to avoid a lot of the common mistakes made during these child custody hearings. Some of the common mistakes made during these proceedings include:

1-Failing to prepare for your child custody case.

With everything in life, preparation is key. If you are about to engage in a child custody battle it is important that you take all the steps to prepare and educate yourself about the process.

Consulting with your family law attorney is Legal Advice child custody james noll law.jpegimperative, because they will be the most important resource at your disposal. Child custody should be a team effort between you and your attorney. He or she will help guide you throughout the process and inform you of the law and of all the necessary steps you need to take be successful in obtaining the outcome you desire. These steps can include providing information such as documents, witnesses, photographs, school information for your child and much more. Showing this level of preparedness and involvement can help prove to the court that your children are your main priority and that custody with you would be in the child’s best interest.

 

2- Failing to consider the child’s “best interest” when making decisions that may harm them.

child custody  james noll law.jpeg

Another common mistake made is that when a parent makes a decision that would affect the child, they fail to contemplate whether that decision was one made in the child’s best interest. In Kentucky, the standard used by family courts is the “best interest of the child” standard. All decisions made for the child must satisfy or coincide with the court’s determination of the child’s best interest. (Ky. Rev. Stat. Ann. §403.270). The court will take numerous factors into consideration when determining what the best interest of the child is, including but not limited to:

  1. The wishes of the child;
  2. The mental health of the all parties involved;
  3. The financial obligations of the parties;
  4. The adjustments to the child’s life that will be altered by the decisions brought forward by the parties. Such as moving, school transfers, etc. (Ky. Rev. Stat. Ann. §403.270)

So, it is important that while making decisions that will ultimately affect your child, that you do so with not just your preferences or beliefs in mind, but also ensuring the child’s interest will best be met by the decision.

 

3- Letting emotions control or influence your decision making or strategy.

child custody emotions james noll law.jpegChild custody battles can sometimes be just that: a Battle.  Emotions almost always play a factor throughout the process because so much is at stake. What can make it worse is allowing the adversarial nature of it all to take control and affect how you act which itself can have a negative impact on how the court views whether the child’s interest would best be served in your custody. Your intentions should only be concerned with providing your child with the best upbringing possible. Engaging in a child custody battle, out of spite for example, just to make it harder for the other parent to get custody, is not an effective way to ensure that you get the outcome you are hoping for. The Courts want to see that you can maintain a sensible, rational demeanor in your decision making and in your interactions with the other parent, this will help sway the court to rule in your favor when considering your decisions regarding custody arrangement.

Schedule A Consultation

 

Back To Top