Legal Memorandum

MEMO Outline

Issues:

1. Under Kentucky law In Determining custody, what factors does the court use to make that Determination, if one child is still breastfeeding with medical needs and the other two teens want a particular high school that offers Volleyball scholarship located where the father lives, Who would be the primary custodian?

How Guardians Ad Litem perform a significant role in the best interests of the child

2. Under the Kentucky family law, does the court to establish or enforce child support for minor children when one of spouse unemployed?

3. Under the Kentucky law, If one spouse is unemployed, but will earns 50,000 annually once she complete 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 the court will use determine maintenance?

Cases:

1. GOSSETT, v. GOSSETT, 32 S.W.3d 109 (2000) child support- unemployed.

2. Pennington v. Marcum, 266 S.W.3d 759 (Ky. 2008) - joint custody, Child Custody.

3. Baize v. peak (2017)

4. Weber v. Lambe (2017)

5. Frances v. Frances Supreme Court of Kentucky. October 23, 2008266 S.W.3d 754

What statutes are you using?

KRS 403.270 > best interest of the childe

KRS 403.290> chlid wishes

KRS 403.212 >child support

KRS 403.211 > to establish or enforce child support

KRS 403.200> maintenance

KRS 403.160> maintenance and child support

Secondary sources:

1- § 24:32. Child support—Guidelines—Deviation. 16 Ky. Prac. Domestic Relations L. Ch. 24 Refs.

2- § 21:31.Child custody—Joint custody—Court-ordered. 16 Ky. Prac. Domestic Relations L. § 21:31

3- § 24:27. Child support—Guidelines—Gross income—Voluntarily underemployed or unemployed obligors 16 Ky. Prac. Domestic Relations

4- § 8:22.50.Guardian ad litem in civil custody cases

The facts part, it is the summary of the basic latter in the ASSIGNMENT.

(Issues , answers ) +3

Example, custody analysis: rules 1,2,3 “ whether case relevant statutes secondary sources” continue analysis then counter analysis. Short conclusion, to close the analysis.

For the five cases and relevant statutes and least (3) secondary sources all would be in the analysis part and the counter argument” each issue must have a counterargument” as examples to support the addressing issues with explanations.

In the conclusion: No law will be used