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August 2015 Archives

What Is Punishment for Driving on Suspended License?

Kentucky law allows for jail time for first offense of driving on a suspended license.  Any first offense can carry up to 90 days of incarceration.  If charged with driving on a DUI suspended license, the charge may carry up to 12 months in jail. KRS 189A.090 defines driving on suspended license in Kentucky.  Operating motor vehicle while license is revoked or suspended for driving under the influence prohibited -- Operating motor vehicle without required ignition interlock device prohibited -- Penalties.

How Does Spousal Support Terminate?

Pursuant to KRS 403.250 unless otherwise agreed to or included in the divorce decree, spousal support terminates by death of either party or by remarriage of the party receiving the support.  It can also be included that cohabitation is a change of circumstances which can be grounds to terminate or lessen a child support obligation. The spousal support or maintenance may also be modified "only upon a showing of changed circumstances so substantial and continuing as to make the terms unconscionable. The provisions as to property disposition may not be revoked or modified, unless the court finds the existence of conditions that justify the reopening of a judgment under the laws of this state." The statutes do not provide for what is and what is not a change so substantial as to make the terms unconscionable, but that additional term of unconscionability is clearly a higher burden than simply unfair or inequitable.  There is very little case law on modifications, and most of the case law is very fact specific, meaning that your case may be similar but distinguishable from those reported cases.  In short, the decision of the trial courts is most often upheld by the court of appeals since overturning the decision requires a finding that the trial court's ruling was considered arbitrary and capricious. For example, if your ex-wife is making more money, you are making less money and she now has a roommate or live-in boyfriend, this may be a substantial and continuing change of circumstances sufficient to make the terms of the Decree unconscionable. If you have questions or concerns about your divorce decree and want to inquire about modification of an award of maintenance or spousal support, contact an attorney.  For consultation in Northern Kentucky, contact the Bouldin Law Firm at mwbouldin2@gmail.com or call 859-581-6453 (581-MIKE).

What is a Continuance?

A continuance is simply the continuation of a scheduled event.  Continuance of a pretrial date may be necessary to obtain information, evidence and review witness statements or videos. In criminal law, typically, a continuance is granted on one occasion at the request of either party if they can present any decent reason for the court to not have a hearing on a given date.  This is NOT the case if a judge has only one hearing scheduled and they have blocked off significant time for the trial.  Also, each court has local rules which may prevent a continuance unless good cause is shown. For example, in Federal Court cases are generally not stacked so that more than one case is scheduled for trial any given day.  If a continuance is requested, there are other rules such as adequate notice as well as significant grounds for the delay.  This is very different than in State Court where often a continuance is granted simply because a witnesses is not available. Each court differs and an experienced criminal defense attorney will know when to expect a continuance.  Some judges also require that if asking for a continuance due to witness "no-show" you must prove that you filed a subpoena for their appearance. Also, some courts will give a prosecution only one continuance for lack of witnesses, but the request may have to be at the request of the State or Commonwealth.  If you have other questions, ask  your attorney. If you are concerned about a continuance, or want to know why your case was continued, you should ask your attorney.  For representation in Northern Kentucky, contact Bouldin Law Firm and Michael Bouldin by email at mwbouldin2@gmail.com or call 859-581-6453.

Can I Divorce With Less Conflict?

Conflict is defined as a serious disagreement or argument, typically a protracted one.  Without conflict of at least some type, we would not even have divorce at all.  That said, there are many ways to avoid or limit the conflict during a divorce or dissolution and throughout the process. Unfortunately, there are times when avoiding the conflict only leads to more problems and financial devastation While either party may create conflict, either may also choose to disengage.  The significant problems arise when one party wants to continue conflict in order to get retribution, revenge or right a perceived wrong.  Often one or both parties feel that the other has wronged them, thereby causing the divorce.  Having practiced domestic law for over 20 years, I have a fairly unique insight into the mental gymnastics that litigants often play during the process.

What is A Cheap Divorce?

Having practiced domestic law for over 20 years, I am often asked How much does it cost for a cheap divorce?  I may answer it with, "As low as $1500." but that answer does a disservice to the client, the case, and my profession as an attorney.  Many clients do not want to hear the real answer, IT DEPENDS.   It depends on a number of factors, many of which can help an attorney evaluate the work necessary to be effective as well as anticipate what must be done to protect the rights of the client.

How Are Bail Bonds Set in Ky?

Bail bonds are intended to assure your continued appearance in court.  Bond may be higher or lower if the judge perceives that the defendant is (1) a flight risk; or (2) a danger to the community. If the judge makes such a determination, then they can have a no bond decision or the defendant may not be eligible for the $100/day credit toward bond.  Generally, the higher the level of crime then the higher the bond.  The defendant's criminal history and history of making court appearances are also factors in setting bond. There are no bail bondsmen in the state of Kentucky.  Kentucky generally has either straight cash bonds or an unsecured bond.  The person signing the unsecured bond is indebted to the state for the full amount if the defendant does not appear for court.  An unsecured bond generally only requires a signature of a resident of Kentucky. You can ask for bond to be reconsidered at any stage of proceeding. Generally, if a person is in jail at the arraignment the bond will be considered and may be adjusted.  Most of the time a reasonable bond will be set only after the defendant has been interviewed by pretrial and their information has been verified.  It is important for a defendant to cooperate with pretrial and give them information on job, family and residence as well as contact information for persons who may verify that the information is correct. The court can also allow a percentage bond, where you post some percent, typically 10%, of the total bond.  This may also be confusing and varies by county.  If you have questions about bond, ask your attorney or the county court clerk.  If you need representation for a criminal charge in Northern Kentucky, contact Michael Bouldin at mike@bouldinlawfirm.com or call 859-581-6453 (581-MIKE).

What Does Child Support Cover?

What is Child Support Suppose to Cover? The question often arises as to the purpose and uses of child support.  First, child support generally does not cover uncovered medical, dental and orthodontic expenses and agreed upon extracurricular activities including sports and summer camps.  These expenses are generally divided pursuant to the percentage of combined income used to calculate child support. Child support is generally paid from the non-custodial parent to the custodial parent.  This presumes that the custodial parent incurs the majority of costs associated with raising the child(ren).  Those regular and routine costs include:

What Is a 5k Motion in Federal Court?

One way for federal defendants to increase the likelihood that they will receive lower sentences or to have previously-imposed sentences reduced is by cooperating with the government. When a defendant "cooperates," it means that he or she helps the government investigate or prosecute someone else. There are two ways that "cooperating" can result in a lower sentence. If a defendant cooperates before sentencing, the prosecutor can file a motion pursuant to § 5K1.1 of the United States Sentencing Guidelines (also known as a "5K" motion). If a defendant cooperates after sentencing, the prosecutor can file a Rule 35 motion. "Cooperating" does not guarantee that a prosecutor will file a § 5K1.1 or Rule 35 motion. Before a prosecutor will file a motion, the cooperation must amount to "substantial assistance."

5 Best Divorce Blogs for Women

The 5 Best Divorce Blogs for Women

Divorce blogs can help you find your way through a divorce and learn from the trials, victories and mistakes of others. A good divorce blog can offer the comfort of a virtual friend who's been through the process and survived.  It can offer expert financial and parenting tips and is available when you are seeking information. There are lots of divorce blogs for women, but many don't outlive their author's court proceeding.  Follow are 5 divorce blogs that are informative, updated regularly and offer advice on both the emotional and financial sides of divorce.

Relationships and Parenting for Divorcing Women

Divorced Girl Smiling: Blogger and author Jackie Pillosoph was the mother of two young children when she went through a divorce seven years ago.  It was tough, but she came through the process with a smile on her face, and she now offers up advice on the emotional side of divorce, including dating and parenting.  Pillosoph describes herself as a best friend next door who will talk to you about divorce and getting your life back together. Divorce Diaries: Woman's Day magazine's divorce blog features the observations of Ellie DeLano, a single working mom who has been going through a lengthy divorce.  DeLano writes about her own experiences with divorce and single parenthood and also gives readers advice on surviving the process. Better After 50 Divorce Blog: This blog regularly publishes relationship advice, including tips on starting to date again and navigating new relationships.  The blog also offers personal stories and suggestions on starting over after a divorce.

Financial Advice

Jeff Landers' Blog on Forbes.com:  Landers is president of a divorce financial strategy firm that advises affluent women who are going through a divorce.  Not surprisingly, his blog focuses on the financial aspects of divorce, with posts covering such topics as what you need to do before filing for divorce, understanding alimony and the way assets are divided, and how to handle retirement accounts and pension plans.

Miscellaneous Advice

Huff Post DivorceThe Huffington Post's divorce blogging team provides daily advice on a wide variety of divorce topics, including finances, dating, relationships, parenting and finances. An informative blog can help navigate and understand the process as well as ease the pain by hearing other stories.  Remember that reading any blog, even a law firm blog, is no substitute for legal advice by an experienced divorce attorney.  For a consultation in Northern Kentucky, call Michael Bouldin at 859-581-6453.

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