Burbank & Collins, P.S.C.Family Law Attorney Louisville KY | Jefferson County Divorce Lawyer2025-11-21T00:28:45Zhttps://www.burbankandcollins.com/feed/atom/WordPressOn Behalf of Burbank & Collins, P.S.C.<![CDATA[Protecting your children’s inheritance after divorce]]>https://www.burbankandcollins.com/?p=479122025-11-21T00:28:45Z2025-11-21T00:28:45ZUpdating your estate plan
You may assume that all your assets will automatically pass to your children upon your death. But if you fail to update beneficiary designations, an outdated will or joint ownership arrangements, your assets can unintentionally go to the wrong person. Even if that person is the children’s other biological parent, you have no guarantee they will do the right thing and redirect your assets to your children. It’s far better to create a new estate plan that ensures your children remain the priority and that your wishes are honored.
It’s essential to update your will after your divorce. It should state who will manage your estate and how you want your property distributed. If you created a trust during your marriage, you will also want to amend it or revoke it and set up a new trust that will protect your children’s inheritance. A trust is beneficial because it allows you to decide exactly how and when your children will receive their inheritance.
If your ex-spouse is listed as the beneficiary on your life insurance policies, bank accounts and retirement investments, then the proceeds will pass directly to them, regardless of what your will says. You need to update beneficiary designations to ensure that your assets go to the right parties.
Updating your medical and financial power of attorney documents is just as important as updating your will. If your ex-spouse is still listed as a POA, you may want to give the authority to someone else to make decisions on your behalf if you are unable to make them yourself.
Divorce creates many legal and financial challenges. Working with a legal professional is one of the best ways to protect your children’s inheritance. This can help ensure that you don’t overlook any important estate planning documents that could unintentionally leave your children without financial security.]]>On Behalf of Burbank & Collins, P.S.C.<![CDATA[How paternity truth can change things]]>https://www.burbankandcollins.com/?p=479112025-11-05T11:43:32Z2025-11-05T11:43:32ZDiscovering that a child you’ve supported isn’t biologically yours can turn your world upside down. When this truth comes out, one of the hardest questions is whether financial support should continue, especially if ending it might harm the child’s well-being.
Across many states, the law sees child support as a child’s right, not a reward or punishment for parents. This means even when DNA results say otherwise, the emotional and legal bond you built could still carry weight. Courts often look out for the child’s best interest and not what an adult would consider fair.
How the law may protect you
Although science may clear your name, your obligations do not just disappear. Unfortunately, it’s rarely that simple. If you were seen as the legal father, probably by signing a birth certificate or through years of active involvement in the child’s life, you are still responsible for the child, as you were before paternity establishment. Some courts consider the psychological parent factor. If you’ve acted as a father, the law may protect that bond even without shared DNA. It can feel unfair, but this view reflects how deeply the system values a child’s emotional security. However, there are cases where support can be ended. For example, if paternity is challenged early or if fraud is proven, a court might relieve you of future payments.
Finding your path
No two cases will unfold the same way. What worked for one individual may not necessarily be your solution. If you ever face this situation, it’s important to ask for help from a legal professional. They can help you see the full picture, both legal and personal, before making any decisions. It can also help you make better decisions for the child’s well-being.]]>On Behalf of Burbank & Collins, P.S.C.<![CDATA[Is a 50/50 split of parenting time the standard in Kentucky?]]>https://www.burbankandcollins.com/?p=479102025-11-04T16:54:12Z2025-11-04T16:54:12ZThe law generally presumes that an even split is best
Parents in Kentucky who no longer live together typically share both parenting time and legal authority. Current state statutes reflect the presumption that parents evenly splitting those responsibilities is likely best for the children.
Prioritizing the best interests of the children is the primary goal in all custody matters. However, the presumption that an even split is best is rebuttable. That means either parent can work with their attorney to convince a judge that a different arrangement is necessary, given family circumstances.
The parents’ work schedule, their tense relationship with the children or substance abuse issues could all support an assertion that an uneven split of parenting time and authority is better for the children than an even split. Issues ranging from neglect and domestic violence to medical limitations can potentially impact a parent's ability to fully and consistently meet the needs of their children.
In contested custody cases, both parents can share information about their family to show the judge why their custody plan is best for the children. The judge then decides custody based on their view of the situation.
In cases where parents do not want to leave those key decisions to someone without any direct experience with the family, it may be preferable to work together to establish a mutually agreeable arrangement for shared parental rights and responsibilities. Parents can work around one another's employment schedules and set terms that specifically acknowledge the unique needs of their children.
Documenting issues that give rise to parental concerns and learning more about the law can be beneficial for those who need to establish child custody arrangements. Knowing what is common can help parents propose arrangements of which the other parent and a judge are likely to approve.]]>On Behalf of Burbank & Collins, P.S.C.<![CDATA[What happens to the family business in a Kentucky divorce?]]>https://www.burbankandcollins.com/?p=479082025-10-25T02:21:42Z2025-10-25T02:21:42ZFiguring out whether it’s marital or separate property
The first step is determining whether the business is marital or separate property. If the business started after you got married, it’s considered marital property and is subject to division under Kentucky’s equitable distribution rules. That said, it’s not always as straightforward.
For instance, even if one spouse owned the business before marriage, it can become partly marital if both spouses contributed to its success. This may be the case if marital funds were injected into the business or the other spouse worked in the business or handled family responsibilities, allowing the owner to focus on running it.
The possible outcomes
Once the business is valued and each spouse’s interest is established, there are several ways the division can proceed. One common option is a buyout, where one spouse buys the other’s share to keep full ownership and continue operations.
Another approach is co-ownership. Some couples opt to operate the business together after divorce, especially if they have a strong professional relationship and clear boundaries. However, if neither spouse wants to keep the business or can’t afford to buy out the other, selling it and dividing the proceeds may be the most practical solution.
Don’t go it alone
Dividing a family business can be complex, financially and emotionally. Beyond the numbers, it involves evaluating years of effort, shared goals and personal investment. It’s also something that can affect your livelihood and long-term financial security.
Having experienced legal guidance can help you understand how the law applies to your unique situation and explore creative solutions to reach a fair settlement while protecting what you have built.]]>On Behalf of Burbank & Collins, P.S.C.<![CDATA[Holiday co-parenting tips that can help reduce stress]]>https://www.burbankandcollins.com/?p=479062025-10-14T01:45:56Z2025-10-14T01:45:56Zwinter holidays.
Check the parenting plan early
One of the most important things that you need to do is to check the parenting plan early. This plan should include specific terms for holiday schedules. That will let you know when the children will be with you and when they will be with your ex so that you can better plan travel and other activities.
Be flexible for your children
It’s highly unlikely that everything will go as planned throughout the entire winter holiday season. Being able to remain flexible as long as it’s in the best interests of your children, can be beneficial for them.
This may mean exchanging days with your ex if there are out-of-town family members coming in or a special event for the child with one parent. Even though it can be difficult, remember that the goal is to do what’s best for the children. This may mean that you can’t always do what’s easiest for you.
If you’re having challenges with an ex who doesn’t want to adhere to the parenting plan or if you believe it’s necessary to make modifications to the plan, it’s important to have experienced legal guidance.]]>On Behalf of Burbank & Collins, P.S.C.<![CDATA[3 ways that narcissists can retaliate when you file for divorce]]>https://www.burbankandcollins.com/?p=479052025-09-26T14:35:54Z2025-09-26T14:35:54ZNarcissists often view relationships through the lens of control, admiration and self-interest. A divorce threatens this control and can feel like a public rejection of their carefully built image. As a result, they may respond in ways that are not only emotionally charged but also strategically harmful.
Understanding these potential reactions is crucial for anyone preparing to end a marriage with a narcissistic partner. By recognizing the patterns of retaliation, you can plan ahead by securing legal support, setting boundaries and protecting your well-being.
1. Smearing your reputation
A narcissist’s self-image often depends on how others see them, so they may attack your reputation to preserve their own. This can include:
Spreading rumors
Exaggerating your faults
Twisting events to make themselves appear like the victim
If you suspect this could happen, it helps to stay calm and avoid engaging in public disputes.
2. Using the legal system to exhaust you
Divorce proceedings already involve paperwork, deadlines and expenses, but a narcissist may deliberately complicate the process. They might:
File unnecessary motions
Refuse to compromise
Delay negotiations
Some even use custody battles as a weapon, seeing the legal system as another stage to assert dominance.
3. Manipulating children or mutual friends
If you share children, a narcissistic spouse might try to undermine your relationship with them. They could:
Make negative comments about you
Share adult conflicts with the children
Attempt to win their loyalty with gifts and promises
Even without children, they may try to pull mutual friends or relatives into their corner, creating tension and isolation.]]>On Behalf of Burbank & Collins, P.S.C.<![CDATA[What role do a child’s wishes play in a custody decision?]]>https://www.burbankandcollins.com/?p=479042025-09-07T08:47:34Z2025-09-07T08:47:34ZWhen parents are in a highly contentious divorce, their battles sometimes extend to how (or even if) they will share custody of their children. When parents can’t agree on a custody arrangement, a judge will decide it, based on the child’s best interests.If you’re preparing for divorce and anticipate that a judge will have to determine how your child will divide their time, you will want to ensure that you can make a strong case for the custody agreement you’re seeking. You’re likely wondering if a judge can consider your child’s preference – especially if they want to be with you most of the time. If so, how much will their wishes determine the final decision?
What does the law say?
Kentucky law allows a child’s wishes to be considered if they’re old enough and mature enough to express them. Of course, a judge will want to ensure as much as possible that what the child tells them is indeed how they feel and that they haven’t been coached or otherwise influenced by one or both parents. For example, if a child wants to live with one parent, a judge will ask why. Is it because they don’t want to move back and forth? Is their school closer to one parent than the other? Does one parent live in an apartment that prohibits dogs?A judge will also consider the child’s relationship with each parent. For example, if one parent has done the bulk of the hands-on parenting because the other spends 80 hours a week working, having a 50-50 custody division could mean the child ends up spending hours with a babysitter.
Does a child have to testify in court?
Typically, when a judge hears from a child in a custody case, they speak with them one-on-one in their chambers rather than in a courtroom. The goal is for the child to feel free to speak openly and honestly. In some cases, judges ask a neutral third party, like a social worker or therapist, to talk with the child and report back to them.Ultimately, if a judge does speak with a child at the center of a custody case, their wishes should be just one factor in deciding the outcome. A judge will consider each parent’s ability to care for the child and what kind of arrangement is in the child’s best interests – at least at the present time. Having experienced legal guidance will help you work toward the outcome that is best for your child. ]]>On Behalf of Burbank & Collins, P.S.C.<![CDATA[Could an improvement in circumstances warrant a custody change?]]>https://www.burbankandcollins.com/?p=479032025-09-04T23:01:22Z2025-09-04T23:01:22ZThe courts can modify a custody order
A formal change to an existing custody order requires court approval. In some cases, both parents recognize that one has worked hard to improve their circumstances. It may be possible for the parents to work together to negotiate a new arrangement for the division of parental rights and responsibilities.
Unfortunately, if personal challenges affected the custody proceedings initially, the parent with more time and authority may be reticent to recognize the other’s improved circumstances. They may insist that maintaining the status quo is in the best interests of the children.
In such cases, requesting a contested modification hearing might be necessary. A family law judge can review the current custody order and evidence of one parent improving their circumstances. They can then adjust the custody order based on what might now be in the best interests of the children.
Frequently, judges want to allow both parents ample time with the children. If granting an increase in parenting time seems to be in the best interests of the children, a judge might modify a custody order that was previously imbalanced in favor of one parent.
Preparing for a contested custody modification hearing requires documentation and an understanding of the family law system. Parents hoping for more time with their children can ask the courts to help support their connection with their kids.]]>On Behalf of Burbank & Collins, P.S.C.<![CDATA[Estate planning updates to consider during a divorce]]>https://www.burbankandcollins.com/?p=479022025-08-27T10:57:04Z2025-08-27T10:57:04ZDivorce represents a personal and financial turning point, but it’s also a legal matter that can impact other parts of your life. Amid the emotional and logistical upheaval of divorce planning, many overlook a critical task: an estate planning review and update. Whether you have a simple will or a complex trust structure, your documents likely reflect a life built with your former spouse. Failing to update them can lead to unintended consequences, from ex-partners inheriting assets to outdated guardianship designations. Here are three compelling reasons to schedule an estate plan review as soon as divorce proceedings begin.
To remove your ex from decision-making roles
Many estate plans name a spouse as executor, trustee or healthcare proxy. If you no longer want your ex to be in control of your medical and financial decisions, it is crucial to revise your estate planning documents. Updating powers of attorney and advance directives leaves someone you trust in charge upon your incapacitation.
To protect your children and their inheritance
Divorce often shifts financial priorities and parenting responsibilities. If you have minor children, your estate plan should reflect new guardianship arrangements (if necessary) and inheritance structures. A thorough plan review can help ensure your children’s future is secure, without giving your ex full control over their assets.
To align your assets with your new reality
From retirement accounts to real estate, divorce changes your financial landscape. Your estate plan should mirror your updated asset pool and distribution wishes. This includes revising beneficiary designations, updating your will or trust and making certain your divorce property settlement is properly documented and reflected in your estate documents.]]>On Behalf of Burbank & Collins, P.S.C.<![CDATA[Can your spouse force you to leave the home during a divorce?]]>https://www.burbankandcollins.com/?p=479012025-08-21T04:26:01Z2025-08-21T04:26:01ZYour spouse files for divorce and comes to you with the paperwork. You are not surprised because the two of you had already had discussions about it, but now it all feels very real. You tell them that you are willing to get divorced, but you need some time to review the paperwork and then you will sign it and get it back to them.
But to your surprise, your spouse tells you that the next thing you need to do is get out of the house. They want more space during the divorce. They think there would be too much conflict if the two of you continue to live together. They tell you to pack your things and find somewhere else to live until the marriage ends.But that is also your house. Is it possible for your spouse to kick you out?
Only in certain situations
As a general rule, courts are not going to issue orders telling one spouse they have to leave the house unless there is a very specific reason why this would be beneficial. For instance, if there are allegations of abuse or domestic violence, the court can issue an order forcing someone to leave their home in order to keep the other party safe.But if you are just getting divorced and you both are legal owners of your home, which is a shared marital asset, then you both have a right to live there. Your spouse cannot simply kick you out without first getting a court order, so they would need to demonstrate a valid reason—not just that they want you to leave.This situation can lead to a very complicated and high-conflict divorce. Make sure that you carefully look into all of your legal rights.]]>