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I would like to split physical custody 50/50 with my spouse…

Customer Question
I would like to...

I would like to split physical custody 50/50 with my spouse and not seek child support. We would each cover major costs such as health premiums and child care costs. Any advice on language to support this to the court?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Kentucky

Lawyer's Assistant: Have you talked to a lawyer yet?

I have not. I planned to file myself.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't believe so.

Submitted: 7 months ago.Category: Family Law
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Answered in 1 minute by:
11/27/2017
Family Lawyer: LegalGems, Lawyer replied 7 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,706
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 7 months ago

Is there a large disparity in income between the parents? Are the parents both high earners?

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Customer reply replied 7 months ago
I am the wife and I have a larger base pay. My husband is a faculty member and usually falls very close to me at the end of the year because of overload and summer teaching loads.
Customer reply replied 7 months ago
I would like for my husband to keep the family home and property.
Family Lawyer: LegalGems, Lawyer replied 7 months ago

Thank you;

if the combined income is $15,000 or higher on a monthly basis, the court may use its discretion in determining the amount-this allows the court to deviate from the child support guidelines; please see:

http://www.lrc.ky.gov/Statutes/statute.aspx?id=1456

The point of child support is to ensure the child's needs are met and they both benefit from their parent's standard of living; so if both parents are financially equal (give or take) the court may determine that each party shall contribute to the child's living expenses when that parent has parenting time; they can then order "add on expenses" such as medical costs/insurance costs.

Normally they will enter a zero amount so the court can later modify it should there be changed circumstances.

As for division of property the court will generally allow the parents to enter an agreement (stipulation) and will generally enforce that unless it appears to be the result of undue influence or duress.

The court does like to see the parents work out such issues as that helps with future co-parenting versus the acrimonious relationship often seen in litigation.

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Family Lawyer: LegalGems, Lawyer replied 7 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
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The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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