Shepherdsville KY Lawyer - Attorney John Schmidt | Blog
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Nov 08 2017

Is it true that I won’t have to pay child support if I have 50/50 parenting time with my kids?

It is possible you can have no child support do if you have 50/50 parenting time with the children, the exact same income, and the exact same child related expenses. Please set an appointment at http://johnhschmidt.appointy.com If you are in Kentucky, then I’d recommend that you call my office at 502-587-1950 or 502-509-1490 to schedule a consultation if you have an agreement, parenting schedule or court order to discuss your options....

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Nov 08 2017

Families In Transition (Nelson County Kentucky)

If you are ordered to attend Families in Transition and live in or near Nelson County Kentucky, then you can attend Families in Transition in the Nelson County Judicial Center on the 1st and 3rd Tuesdays of the month. Show up at 6pm at the Nelson County Judicial Center at 200 Plaza Dr, Bardstown, KY 40004. Bring $50 cash. No advanced registration required. If you are from another county, then tell the proctor so the proctor can make the appropriate notification to the court. If you are in Kentucky, then I’d recommend...

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Nov 08 2017

What do I do if I receive certified mail containing legal documents?

Call an attorney. If you receive the summons and a petition then it will contain instructions. Typically you’ll have 20 days to respond. It is important that you respond. What happens if I don’t respond? You run the risk of the default judgment being entered against you. What is a default judgement? Default judgment is the order giving the petitioner everything they ask for in the petition. It is a court order and enforceable by the law. If you are in Kentucky, then I’d recommend that you call my office at 502-587-1950 or 502-509-1490 to schedule a...

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Nov 08 2017

My lawyer keeps telling me to make an appointment to come in and give responses to one or more discovery requests. What is a discovery request?

Discovery is a set of legal tools used to get information, access to documents, to preserve testimony, and to get admissions to key questions. It is important that you respond to these in a timely manner. There are penalties associated with not complying with the request including but not limited to sanctions and attorney fees. You should follow your attorney’s advice and schedule an appointment immediately. As a reminder, you should never lie to your attorney or become uncommunicative with your attorney communication is key to a successful relationship. If you are in...

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Nov 08 2017

How much sleep should my child get each night?

In Kentucky, there is no law that tells parents when to put their child to bed. The American Pediatric Association recommends the following sleep hours:   Infants 4 months to 12 months should sleep 12 to 16 hours per 24 hours (including naps) on a regular basis to promote optimal health. Children 1 to 2 years of age should sleep 11 to 14 hours per 24 hours (including naps) on a regular basis to promote optimal health. Children 3 to 5 years of age should sleep 10 to 13 hours per...

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Nov 08 2017

My boyfriend or girlfriend lives in another county. I want to move to the other county so we can live together. Can I take my child (ren) with me?

Whether you can take your child(ren) out of county depends. If there’s no other living parent or person with custodial rights, then you can move so long as no court order prevents the move. Otherwise, you’d do well to get the court’s permission before you take any other steps towards moving. If you move without court approval, then don’t be surprised if the court changes the parenting time arrangement. If you are in Kentucky, then I’d recommend that you call my office at 502-587-1950 or 502-509-1490 to schedule a consultation if you have an agreement, parenting schedule or...

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Nov 08 2017

Exchanging the child is difficult. What do I do?

Prepare Your Child for a Good Exchange. Clearly inform your child of exchange plans.  Transition can be difficult for children. Talk about the transition matter-of-factly with the expectation that your child will go. You’re the parent. You’re in control. Help your child gather items to take to the other parent’s  house. Consider giving your child a special place to put things that go back and forth. Make sure your child is fed (as appropriate) and dressed for the transition. Your child should finish any chore or activity in time to have a few moments to...

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Nov 08 2017

Can my property settlement agreement be reopened if my spouse made misrepresentations?

As with most situations in the law, the answer depends upon the facts. Misrepresentations made during the course of a divorce or legal separation may constitute fraud upon the court or fraud upon the other party. Was your spouse’s fraudulent conduct outside of the trial or upon the defeated party in such a manner that the defeated party is prevented from appearing or presenting fully and fairly their side of the case? If so, then the fraud is not subject to a one-year limitation. Was the fraud the presentation of perjury or...

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Nov 08 2017

How do I get a temporary custody order or modification of custody decree?

Law Offices of John Schmidt & Associates, PLLC recommends you consult with an attorney who deals with temporary custody orders and modification of custody decrees because it is easy to make a mistake. If you seek a temporary custody order or modification of a custody decree, then you must submit an affidavit setting forth facts supporting the requested order or modification together with the moving papers. In order to properly ask the court for a temporary custody order or modification of a custody decree, you must give notice to other parties to...

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Nov 08 2017

What happens with maintenance (aka alimony or spousal support) when one of the parties dies or remarries?

The Law Offices of John Schmidt & Associates PLLC works with clients on all family law matters including maintenance (aka alimony or spousal support). The obligation to pay future maintenance (aka alimony or spousal support) is terminated by law upon the death of either party or the remarriage of the party receiving maintenance unless otherwise agreed in writing or expressly provided in the decree. 403.250 If you are in Kentucky, then I’d recommend that you call my office at 502-587-1950 or 502-509-1490 to schedule a consultation if you have an agreement, parenting schedule or court order to discuss your options....

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