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March 2016 Archives

How to Impute Income

 KRS 403.212 provides for child support and determining income for purposes of calculating child support as well as using the child support guidelines. 403.212 (a) Defines income:  "Income" means actual gross income of the parent if employed to full capacity or potential income if unemployed or underemployed.  If a litigant is determined to be voluntarily unemployed or underemployed, then the court must impute income to determine earning capacity. This can be done in a number of ways.  The easiest is the person underemployed that has a job working part time.  The court will routinely take the hourly wage and impute to that person a 40 hour work week instead of the shorter (15-20-24-32 hours/week) number of hours actually worked. 403.212 subsection (d) provides:  If a parent is voluntarily unemployed or underemployed, child support shall be calculated based on a determination of potential income, except that a determination of potential income shall not be made for a parent who is physically or mentally incapacitated or is caring for a very young child, age three (3) or younger, for whom the parents owe a joint legal responsibility. Potential income shall be determined based upon employment potential and probable earnings level based on the obligor's or obligee's recent work history, occupational qualifications, and prevailing job opportunities and earnings levels in the community. A court may find a parent to be voluntarily unemployed or underemployed without finding that the parent intended to avoid or reduce the child support obligation. Imputed is included in 403.12(e) "Imputed child support obligation" means the amount of child support the parent would be required to pay from application of the child support guidelines. This can be done with or without expert witness testimony.  While expert witness testimony is preferred, it is often financially irresponsible to hire an expert to help to impute income to one of the parties. If you have questions about child support or employment and imputation of income, contact your attorney.  For consultation and representation in Northern Kentucky for divorce, custody or support, contact the Bouldin Law Firm at 859-581-6453 or email at [email protected].

DUI 2nd Penalties in KY

What are the penalties for DUI 2nd offense in Kentucky?  Often asked question, especially by those following arrest and facing conviction for a second time within five years. The penalties for DUI kick in if there is a second conviction within a 5 year period.  This 5 year period is determined from the date of offense to the date of the subsequent offense.  There is no regard given to the date of conviction. The penalties for Second Offense DUI in Kentucky are:

KY DUI Ignition Interlock

Newly available to Kentucky DUI Defendants - Ignition Interlock on vehicle.  Many see this as another way for various entities to make money, others as additional intrusion on rights and hardening of DUI penalties, while it is best seen as a viable alternative to losing all driving privileges. Ignition Interlock devises have been around for a number of years and have been successfully utilized in many other states such as Ohio.  An ignition interlock device or breath alcohol ignition interlock device (IID and BAIID) is a breathalyzer for an individual's vehicle. It requires the driver to blow into a mouthpiece on the device before starting the vehicle.  It may also require random tests to assure that the driver does not have alcohol in their breath. Kentucky law now allows for ignition interlock device (IID) and special ignition interlock license (IIL) under a number of circumstances.  The IID and IIL may be available for pretrial suspension periods, post conviction or post acquittal.  Having an attorney who regularly handles DUI defense is advisable and attorney can guide you through the process AND advise whether the IID is right for your case. The process of obtaining an IID and IIL is rather cumbersome.

Collaborative Law

As a member of the Academy of Northern Kentucky Collaborative Professionals I have a unique perspective and a number of very positive results from representing clients in collaborative divorce. You may have seen the billboard on I71/75 when you cross the bridge into Kentucky advertising for  This is a link to the Academy of Northern Kentucky Collaborative Professionals, Inc. website.  The goal of the organization is to provide an alternative to traditional litigation to couples going through divorce to avoid court and hopefully allow for a more comprehensive, client driven divorce that focuses on overall goals and objectives and providing clients with confidentiality not afforded in traditional divorce/dissolution. The Collaborative Process is the alternative to going to court. You and your spouse will each work with concerned and seasoned professionals throughout the collaborative process. This process involves a series of meetings attended by you and your spouse, your attorneys, plus family specialists and financial specialists, if needed.  Everyone works together as a team to resolve all issues related to your divorce or separation rather than allowing a judge to make those decisions for your family. If you have questions, first visit the website for  If you and your spouse have desire to proceed, seek out those professionals listed for consultation.  A consultation with an experienced collaborative attorney will allow you to decide if that is the correct path for you. For a consultation in Northern Kentucky or Cincinnati, call Michael Bouldin at 859-581-6453 or email at [email protected].[huge_it_maps id="1"]

Drug Possession in NKy

Drug offenses make up over one half of all arrests and criminal convictions in Northern Kentucky.  Criminal courts are just one way to fight the war on drugs.  Funny how legislators consider this a WAR, whereas any other medical condition is considered medical treatment.  We don't ahve a war on cancer, a war on mental health or a war on diabetes. Especially on first offense, treatment is the primary method of dealing with drug possession offenses.  While some drugs such as marijuana, are misdemeanor offenses, others, especially narcotics, are considered felony offenses.  Diversion, deferred prosecution and treatment in lieu of conviction are all methods to avoid felony prosecution and get treatment for the individual defendant instead of prosecution and incarceration. Trafficking charges are almost always felony offenses and require additional attention to the defense.  Rights of the accused, monitoring and search warrants as well as Miranda rights all should be considered.  Most felony trafficking convictions lead to incarceration.  Multiple offenses can greatly increase prison time, especially in the federal system where career offender and sentencing guidelines strongly influence Judges' sentencing. If you have been arrested with drug possession, you should get an attorney to represent you through the process.  For consultation in Boone, Campbell or Kenton counties, call Bouldin Law Firm and schedule to speak with Michael Bouldin.  Email at [email protected] or call at 581-MIKE, 859-581-6453.

What is USCCA?

The USCCA is the acronym for United States Concealed Carry Association.  I have been approved and receive communication from members as a criminal defense attorney and part of their critical defense team representative on the USCCA website for attorney resources. Members of USCCA receive a monthly magazine which tells stories of self and home defense, publishes articles about legislation and recent cases, as well as gives a great deal of information about various weapons.  Most of the weapons they review relate to handguns and self defense, however other larger weapons are occasionally spotlighted. Members who have found themselves in a position where self-defense is necessary also have additional coverage for civil and criminal legal defense.  An attorney can be contacted immediately in cases where lethal force was used.  Ultimately, an inquiry may be necessary to determine whether it was justified, however members may receive up to $1MM of legal services simply through their membership. The highly trained Self-Defense Shield Critical Response Team is available 24/7/365. Your personal case manager is fully trained and accredited in advanced crisis intervention and peer support through the International Critical Incident Stress Foundation (ICISF). If you are concerned about your rights to carry a concealed weapon, start by obtaining your CCW license and apply for membership with USCCA.  If you have other concerns about right to defend yourself or your property, first make inquiry throughout this website then at USCCA. If you still have questions or if you are facing criminal charges, contact Michael Bouldin at [email protected] or call 859-581-6453 (581-MIKE).

What is Nesting?

Nesting is a term used by domestic relations attorneys to describe a situation where the parents share time in the marital residence and the children stay in the marital residence.  It is not uncommon as a short term solution during the pendency of the dissolution or if there are financial or other concerns. A typical nesting arrangement is that Mother will stay in the marital residence on Mondays and Tuesdays and every other weekend and Father will stay int he marital residence on Wednesdays and Thursdays and alternate weekends.  The away parent is responsible for finding alternative arrangements for a place to stay and sleep. This may also be appropriate if one parent works from the marital house.  In that case, the other parent would vacate the home each day while the working parent is conducting business and the "home worker" would vacate the residence each evening. The term "nesting" is derived from the baby birds who remain in the nest while their parents come to and fro.  The father may come in and parent, bring the children food while the mother is away and the mother will bring the children food and provide care while the father is away.  The infant bird is often referred to as a nestling: a bird too young to leave the nest. There are a number of potential pitfalls to this situation.  Special care should be taken to arrange for payment of specific bills or division of those household costs.  Other discussion should be had regarding: food, cleanliness, contingencies for illness and it is best if a timeline is agreed upon in advance. If you have questions about nesting, or any other term that the lawyers use, ASK.  If you do not have an attorney and wish to schedule a consultation about divorce, call Michael Bouldin at 859-581-6453 or email at [email protected]  Call 581-MIKE today.

Are Trust Assets Excluded in Divorce?

Possibly.  Generally, if a trust is modifiable, then the assets are subject to division.  The generally Husband-Wife, also known as A-B Trust, is known as a revocable living trust.  Since the grantor has the ability to revoke, modify or change, then the family court will also have the ability to modify, change or determine the outcome of assets held in that trust.  This, like most assets, become a source of contention when the parties are divorcing. A living trust can provide you with the peace of mind that comes from knowing that your assets and your heirs will be protected in the event that you unexpectedly become unable to handle your own financial affairs. It eliminates the need for your estate to pass through probate court before it can be passed on to your heirs. Properly worded, a trust can also be used as a substitute for powers of attorney. Your trust can be written in a way that will pass your assets on to your beneficiaries immediately upon your death, or you can designate that they be portioned out over time and in amounts that you specify. Your attorney can help by including tax savings clauses that may help to reduce state and federal estate taxes.  The assets held in trust generally avoids probate, which saves on probate fees, executor fees and legal fees.  Additionally, a living trust also avoids the decedent's entire finances becoming public as probate court is a public forum. Among the things that a trust cannot do is protect against a disgruntled heir.  A living trust can resolve some of the most common family conflicts that may arise in the inheritance arena, however, if you cut someone out of your living trust as a beneficiary, he or she can challenge the trust just as a will can be challenged. An irrevocable trust is not modifiable by the grantor or trustee and is generally not modifiable by the Courts.  These are seldom used except in cases of 2nd generation or to avoid some type of taxes. If you have questions about how a trust may be determined in your divorce, contact and retain an attorney.  For advice in Northern Kentucky, call Michael Bouldin at 859-581-6453 or email at [email protected].

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