Legal Memorandum

Brief Answer: In the case the court may outcomes: Johnny to be Julie’s and Jess’ Joint custody. Jennifer is more likely to be Joel’s Joint custody.

Issue II Under the Kentucky family law, how does the court establish or enforce child support for minor children when one spouse is unemployed?

Brief Answer: Under Kentucky Family law, if a parent is unemployed or underemployed, then the parent’s “potential income” is used in child support.

Issue III Under Kentucky law, if one spouse is unemployed, but will earn $ 50,000 annually once she completes 4 classes earning a Bachelor’s of Science Nursing degree, meanwhile the other spouse is employed with an annual income of $120,000 and offered a mortgage-free marital home for the spouse, what are the criterions by which the court will determine maintenance?

Brief Answer: The court is most likely considers this factor (the $50,000 the individual would earn) and take into account the individual’s potential for employment, occupational qualification, and job opportunities. The potential income will be used to determine maintenance.

Statement of Facts

Jennifer Smith and Johnny have decided to obtain a divorce (dissolution of marriage) after thirteen years of marriage. For approximately five months, they have been living apart. Johnny is now living in a three-bedroom condo in Lexington, Kentucky, while Jennifer is living in the marital home. Johnny and Jennifer Smith have already had several quarrels and arguments concerning arrangements of child support and custody for their three children Joe, age thirteen months, Jessica, age twelve years, and Julie, age sixteen years. Jessica and Julie are both "father's daughter" and want to live with the dad. They blame their mother for the divorce. Jennifer still breastfeeds Joel. Joel is a special needs child. Therefore, the medical backgrounds of Jennifer are necessary for Joel's needs. Johnny has challenges meeting the medical needs of Joel and has no medical knowledge. Currently, Jonny is dating Dr. Sandy Sizemore Nevertheless, Dr. Alex Miller, the Pediatrician of Joel, would be ready to testify that Jennifer is better placed to achieve the needs of the toddler.

Analysis

Analysis of Issue I

Analysis

The issue I: the current case involves three minor children. child Joel 13 months age is still breastfeeding with medical needs and the teens seeking specific high school located district where Johnny now resides. Whether the court grants sole custody or joint custody? Most importantly who would be the primary custodian?

In the light of Pennington, 266 S.W.3d 759 this case indicates the facts of custody for a minor child and the best interest of the child. which similar to our case that point to whether the court grants sole custody or joint custody in which determining the best interest of the child. In the case of Johnny and Jennifer, the court may allow Jennifer to have full custody of Joel because of his special needs. Kentucky is one of the first states in the nation to establish "legal presumption" for joint custody in the proceedings of divorce. Joint custody is viewed on equal footing with sole custody since Kentucky became a no-fault divorce state.