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September 2014 Archives

Divorce in Kenton County

I often get questions about divorce in Kenton County, Kentucky.  The laws throughout the state are identical, however their application may vary from county to county as well as from judge to judge.  In Kenton county, the current family court judges are Christopher Mehling and Lisa Osborne Bushelman.  Both current judges are facing competition in the upcoming election in November.  That said, I will concentrate on the current judges and not any candidates. If you have a case in front of Judge Mehling in Kenton County which involves children, you should expect that the party with more income will pay child support to the party with less income, regardless of the parenting allocation.  This may be ordered even in the case where the parties seemingly have an agreement regarding child support.  Careful drafting of an Agreement may allow Judge Mehling to deviate in specific cases where he believes and agrees that a deviation is warranted.  Judge Bushelman makes a case-by-case analysis and may issue a "no child support" decision, an offset or deviation of child support, or may grant full child support from one to the other parent if that parent pays all of the children's expenses. Child custody also differs from court to court and county to county.  Traditionally smaller and more rural counties grant mothers custody and visitation to fathers while more modern and larger counties often grant joint legal custody and shared parenting time.  Also, in matters of spousal support, known in Kentucky as maintenance, it is rare that spousal support is granted in poorer counties.   Spousal support is more common in larger counties with more wealthy residents. You must know the judge in order to be successful in a family court case.  Having an attorney with intimate knowledge of the legal system and the judges deciding your case is essential.  For counsel in Kenton, Boone and Campbell counties, call Michael Bouldin at 859-581-6453 or email at [email protected].

Bouldin Law Office Phone Now Working

Thanks to Cincinnati Bell, my office phone has not been working for the past 2 days.  I apologize. The phones are now working and I can now be reached again at 859-581-6453 (581-MIKE).  As always, you can contact me at my email of [email protected][email protected] or you can contact my paralegal, Emily, at [email protected]. I apologize for any inconvenience this has caused.  It has cause me enough!! -Mike

NKy Divorce 859-581-6453 Working Again

Thanks to Cincinnati Bell, my office phone has not been working for the past 2 days.  I apologize. The phones are now working and I can now be reached again at 859-581-6453 (581-MIKE).  As always, you can contact me at my email of [email protected][email protected] or you can contact my paralegal, Emily, at [email protected]. I apologize for any inconvenience this has caused.  It has cause me enough!! -Mike

What is Dissolution?

Dissolution is a nice word for divorce. In Kentucky, they mean the same thing and there is no distinction between divorce and dissolution.  Kentucky statutes deleted the word of divorce from all proceedings and did away with fault based divorces.   Some jurisdictions, like Ohio, have a different definition for dissolution and divorce. Divorce is the separation of parties when they dispute certain areas or all areas of separation.  A divorce is an "at fault" proceeding in which one party must prove legal grounds for divorce.  In a dissolution, prior to filing the parties agree on all areas necessary for separation. If you are involved with a dissolution, you should be advised that adverse action may be taken against you once you are served; especially if you do not file a responsive pleading.  You can be made to pay child support, spousal support and the court will divide your assets and debts.  The court can also make custodial decisions regarding legal custody, parenting time and visitation.  If you do not take action, the court will generally rule in favor of the party that is present and presenting evidence/testimony. If you have been served with papers, you should hire an attorney to review and file a response on your behalf.  The attorney can help to negotiate a resolution or proceed to trial of the matter.  Speak at length with your lawyer about what to expect and when to settle certain matters.  For help in Northern Kentucky and Cincinnati, call Michael Bouldin at 859-581-6453 or email at [email protected] 

Out of State DUI in Kentucky

If you are a licensed driver from another state and received a DUI in Kentucky, there may be even more benefits from retaining a local attorney who regularly handles DUI cases.  Being licensed in both Ohio and Kentucky is a huge advantage as there are often Ohio drivers who are cited or arrested for DUI in Kentucky as well as Kentucky drivers who are cited or arrested for OVI in Ohio.  Both can create confusing, misleading and contradictory problems with a drivers' license. For example, if you are an Ohio licensed driver and are found or plead guilty in Kentucky, the Kentucky court will suspend your license from 30-120 days.  Ohio will see the DUI conviction and send a letter that  you are suspended for 180 days.  It is very good to know that Ohio will shorten your sentence to that which is imposed by Kentucky with a certified letter from the Ky Court.  Furthermore, your Ohio license is not suspended until you are sent the letter and is back-dated to the time Kentucky suspended your privileges.  *Note: if Kentucky suspends your license, your privileges to operate in Kentucky are immediately suspended. If you are a Kentucky licensed driver, Ohio may still physically take your license.  Ohio can suspend your right to operate in Ohio, however Kentucky does not honor that suspension until there is an actual court suspension.   As you may suspect, each state differs on how the courts and the DMV/BMV  handle out of state DUI and suspensions. The reinstatement fees also vary greatly, $20 in Kentucky and $475 in Ohio.  There is mandatory jail time associated with even a first offense OVI in Ohio, while Kentucky does not mandate jail time on a first offense DUI unless there is an aggravating circumstance. If you have been charged in Cincinnati or N.Ky., with DUI, contact Michael Bouldin for a consultation.  Call at 859-581-6453 or email at [email protected].

Free Speech? Middle Finger to the Wind

Middle finger to the wind, to quote the great KidRock. Motherfucker!  Are all words protected by free speech or are there some words that are inherently "bad"?  Who defines bad words? KRS 525.070 defines harassment, when with intent to intimidate, harass, annoy, or alarm another person, he or she: ... (c) in a public place, makes an offensively coarse utterance, gesture, or display, or addresses abusive language to any person present.   There is perhaps be enough ambiguity about that statement to raise a number of additional questions: (1) Who determines the intent?  The actor?  The recipient?  A "reasonable man" (often defined by the jury)? (2) What is offensively coarse?  What is offensively coarse to your grandmother is common language to a sailor.  (see also; a nun v. Andrew Dice Clay).  (3) Does the gesture/utterance have to be toward a specific person?  If made to the world, does that apply?  Harassment is typically toward an individual, not society as a whole.  Typically the charge of disorderly conduct would apply. These are but a few questions which have arisen in a current court case.  As counsel, I cannot comment on the case in question, however would encourage following in the media. If you have first amendment questions and your rights, seek an attorney who has handled these questions and defends rights.  If you have been charged with a crime or have questions, consult with Michael Bouldin at [email protected] or call 859-581-6453.

Can I Take The Car?

In the beginning of a divorce a common question is: Can I take the car?  The short answer is: generally, Yes. If parties are married there is a presumption that all property is marital.  This is obviously not the case, as often property can be determined to be non-marital by virtue of inheritance, gift or premarital asset.  That is up to proof to be shown in the family/divorce court and is the burden of the party alleging the non-marital interest. Because of the nature of marital property, it is impossible to steal from your spouse.  The police will not generally become involved over personal property, including an automobile.  The courts may issue temporary orders in cases where the parties cannot agree.  Generally, if there is more than one vehicle the court will award one to each party.  I say generally because there are no absolutes in divorce law. If you have a car, the title of the vehicle is almost irrelevant.  I am asked on a weekly bases if there is any marital interest in vehicles, boats, and real estate if the property is titled to the other party.  The answer is almost always YES.  Unless a piece of property (real or personal) is wholly owned prior to marriage, is not improved or modified and is unchanged, there is likely a marital component.  For example, even if your spouse owned a home prior to marriage, if there were payments made on a mortgage or improvements made to the property, there is a marital interest.  Do not confuse this with an equal interest.   The value of the marital interest may be the amount by which it was improved or that the equity increased.  There is also a formula which may be used to determine the marital and non-marital interest in real estate.  In Kentucky, this is commonly referred to as Brandenburg formula.  This is named after the case of Brandenburg v. Brandenburg from Kentucky Court of Appeals that outlines the formula to be utilized. If you are separating and starting a divorce, ask your attorney prior to taking, moving or selling any assets.  If you do not have an attorney and you reside in Northern Kentucky, call the Bouldin Law Firm for a consultation.  Contact Michael Bouldin at [email protected] or call 859-581-6453.

What Are Penalties for Manufacturing Meth?

The penalties for manufacturing methamphetamines in Kentucky vary greatly.  Pursuant to KRS 218A.1432 Manufacturing methamphetamine -- Penalties. (1) A person is guilty of manufacturing methamphetamine when he knowingly and unlawfully: (a) Manufactures methamphetamine; or (b) With intent to manufacture methamphetamine possesses two (2) or more chemicals or two (2) or more items of equipment for the manufacture of methamphetamine. (2) Manufacture of methamphetamine is a Class B felony for the first offense and a Class A felony for a second or subsequent offense. A meth precursor is a D felony and can be prosecuted for unlawful possession of a methamphetamine precursor when he or she knowingly and unlawfully possesses a drug product or combination of drug products containing ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, with the intent to use the drug product or combination of drug products as a precursor to manufacturing methamphetamine or other controlled substance The felony offenses are subject to periods of incarceration as follows:

Is Buying Pseudoephedrine a Crime?

The purchase of pseudoephedrine itself is legal within the Commonwealth of Kentucky.  Pseudoephedrine is used as the "D" in many over-the-counter as well as prescription allergy relief medication.  The drug itself treats stuffy nose and sinuses caused by the common cold, hay fever, or sinus infection. This medicine is a decongestant, hence the which follows the drug (i.e. Allegra-D, Zyrtec-D) and is the primary ingredient in Sudafed. Unfortunately for all allergy sufferers everywhere, the pseudoephedrine is also commonly used in the manufacture of methamphetamine, or crystal meth.  If the purchase of the allergy medication is for the intent of making or manufacturing meth, then you are violating state laws.  You may be prosecuted for manufacturing methamphetamine or at least the crime of possession of a methamphetamine precursor, also a FELONY in Kentucky. If you are a parent, you may also see these additional materials used to manufacture meth: fuel, acetone, anhydrous ammonia, coffee filters, sodium hydroxide (lye), iodine, red phosphorus (matches), ether, Draino, butane/lighter fluid, brake fluid, and hydrochloric acid.  Not every cooking method requires all of the above. Methamphetamine itself is a drug which can be used to treat ADHD, as well as weight loss in obese patients.  Use or possession of this drug, other than with a prescription, is illegal.  Manufacture of methamphetamine is a serious crime in Kentucky.  If you have criminal charges, contact Bouldin Law Firm for legal advice and representation.  Contact Michael W. Bouldin at [email protected] at  or call 859-581-6453. If you have a problem with drugs, including crystal meth, contact a local rehabilitation. In NKy, call Ste Elizabeth Healthcare* (859) 301-5966 (24 hrs) or Commonwealth Substance Abuse Specialists* (859) 371-4455 for help.

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