Barber LawBarber Law2025-10-27T04:36:00Zhttps://www.davidbarberlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1102958/2022/12/cropped-site-icon-32x32.jpgOn Behalf of Barber Law<![CDATA[3 reasons you might want to draft a postnuptial agreement]]>https://www.davidbarberlaw.com/?p=487532022-06-03T18:57:01Z2022-12-22T19:55:47Z draft postnuptial agreements, and not all of them involve directly preparing for a divorce.
If any of the three issues below have affected your family, a postnuptial agreement might be beneficial.
Serious spousal misconduct
Did you catch your spouse cheating? Did they max out all of your credit cards on a casino trip that they intentionally hid from you?
If spousal misconduct has affected your marriage, a postnuptial agreement could help you save your marriage or prepare for an easier divorce. You can acknowledge the issue in how you split your assets and even impose penalties for future misconduct.
An inheritance
If you or your spouse have just received an inheritance or are likely to receive a sizable inheritance, you may want to draft a postnuptial agreement. The two of you can arrange to treat the inheritance as separate property and prevent an inheritance from complicating or possibly causing a divorce.
Irreconcilable differences
Maybe it was not spousal misconduct that affected your relationship but just the two of you growing apart. If you can’t imagine continuing your marriage, then a postnuptial agreement could set you on a path to a relatively pain-free divorce.
Drafting a marital agreement can help both of you have the same expectations for your marriage or a possible future divorce.]]>0On Behalf of Barber Law<![CDATA[Dealing with rental properties in your divorce]]>https://www.davidbarberlaw.com/?p=487512022-06-03T18:53:30Z2022-11-08T19:52:05ZWhat are your options for the property?
If the rental property brings in more money in rent than you pay in taxes, insurance and other expenses, you may both want to keep it. Unless you decide to hire a property management company to take care of the tasks involved with being a landlord, that means you’ll need to continue working together to some extent to maintain the property and deal with renter issues.
Either way, you’ll need to work out an agreement on how income and expenses will be divided. If you continue to be hands-on landlords, you’ll want to detail who has what responsibilities to help minimize conflicts later.
If only one of you is interested in keeping the property, you’ll need to buy out the other’s share. Sometimes in divorce, one spouse will take over the rental property to live in if it’s convenient to work, kids and other obligations. Of course, if neither of you wants it, or you’d rather take advantage of the seller’s market we’re in, you can sell it and split the proceeds.
If you’re dealing with multiple pieces of real estate (your own home and other rental or investment properties), it may be wise to bring in a real estate professional to help ensure that everything is fairly valued so that you and your legal team can work toward a fair settlement – no matter what you decide to do with these properties.]]>0On Behalf of Barber Law<![CDATA[Can you sue the contractor if home renovations go awry?]]>https://www.davidbarberlaw.com/?p=487732022-10-17T19:47:46Z2022-10-17T19:47:46ZStatute of limitations
While the short answer is yes, you can sue the general contractor, there is often a statute of limitations in cases like these. A legal professional can help you estimate an appropriate time to file a claim, but your request should never exceed six months after the completion of your home renovations.
To make sure you do not accidentally surpass the allotted time in which you can legally file a lawsuit, take a proactive approach to analyzing your home after construction. Inspect all of the workmanship. Test faucets. Pay attention to plumbing components. Monitor electrical function. Paying attention to the details can help you catch critical problems before it is too late.
Evidence of your claims
Prior to taking legal action against a former contractor, you will also need evidence of your claims. According to House Logic, throughout the project, maintain a project journal. Document discussions with your contractor, as well as product order numbers, delivery dates and quality of workmanship. Include photos before construction, during and after.
Your decision to thoroughly document the process might provide irrefutable evidence if you experience ongoing problems after construction. A home renovation is not for the faint of heart, and you will most likely encounter some bumps along the way. However, you should never lose value or comfort in your home because of poor workmanship from someone you hired, trusted and paid to improve your space.]]>0On Behalf of Barber Law<![CDATA[Kentucky residents who foster relatives not entitled to benefits]]>https://www.davidbarberlaw.com/?p=487712022-10-05T19:16:29Z2022-10-05T19:16:29Zbacked a federal judge's dismissal of a class action lawsuit filed by a group of Kentucky foster children and caregivers.
What does this mean for Kentucky foster families?
Which families are eligible for maintenance payments?
Kentucky caregivers may only receive maintenance payments when fostering children that a court has committed to the custody of the Cabinet for Health and Family Services. Receiving services from the Cabinet is not enough to qualify caregivers to receive maintenance payments.
Why don't family members qualify for maintenance payments?
The court determined that the state does not have placement responsibility for children it places with a family member. Additionally, the judge decided that because legislators passed the Child Welfare Act under the U.S. Constitution's spending clause, the government must notify states about any additional payments they must make when participating in the foster-care program. Because of this, the judge concluded that the state was reasonable in its belief that the Child Welfare Act only applies when the cabinet has final placement authority.
While children placed with family members may not be eligible for maintenance payments from the state, they may still be eligible to receive various services from the Cabinet. These benefits may include assistance with health care, food assistance, cash assistance and childcare assistance. The Department for Community Based Services can assist families with information about any benefits programs they may be eligible for to assist with caring for the children of relatives.]]>0On Behalf of Barber Law<![CDATA[Abusive relationships can cause post-divorce stress]]>https://www.davidbarberlaw.com/?p=487492022-06-03T18:49:56Z2022-09-27T18:48:35ZSpousal abuse has lasting effects
You may not be the same person today as you were before your marriage. Marriage is often a give-and-take situation. Some spouses take too much, causing their partners to lose part of who they once were.
You may need time to heal, emotionally. You may find yourself flinching at the touch of others. You may become easily startled by sudden noises. You may feel it’s safer to stay inside than face the outside world. These are all forms of post-traumatic stress disorder or PTSD that someone might experience after being physically abused.
PTSD can also occur because of mental abuse. You may feel you can no longer trust others. You may no longer trust yourself, doubting your actions. You may struggle to find a relationship after an abusive relationship, fearing that it might happen again.
Therapy can help with post-divorce trauma. Whatever your situation, you should know your legal options when looking to leave an abusive spouse.]]>0On Behalf of Barber Law<![CDATA[Tips for pedestrian and motorist safety]]>https://www.davidbarberlaw.com/?p=487692022-09-12T23:07:26Z2022-09-12T23:07:26ZNational Highway Traffic Safety Administration, a fatal pedestrian traffic crash occurred every 81 minutes in 2020. When you drive, you take on the responsibility of practicing safe driving habits. Walkers also have a certain amount of control over their well-being.
You can avoid almost every pedestrian motor vehicle accident. See below for tips on preventing a tragedy that might alter your life forever.
Pedestrian safety
Pedestrians are more vulnerable than motorists. However, some precautions might go a long way toward your safety. If you walk in high-traffic areas, always follow traffic laws and obey traffic signals. Try to stay on sidewalks as much as possible. If sidewalks are not an option, walk facing oncoming traffic. This seems counterintuitive, but it gives you a better view of potentially dangerous drivers, giving you more time to react. Most pedestrian accidents happen when walkers do not use crosswalks. If one is unavailable, choose a highly visible area to cross traffic.
Driver safety
Drivers should always assume there are pedestrians, even when they cannot see them. If you drive in an urban area, slow down at every crosswalk, especially at night. If a car stops at a crosswalk, never attempt to pass it. This is especially true in school zones, where children might not exercise the most caution when crossing the street.
Driver and pedestrian safety go a long way toward preventing tragedy. Violating safety rules not only puts yourself in danger but also endangers the lives of other individuals and their families.]]>0On Behalf of Barber Law<![CDATA[Improving your recovery outcome after a car accident]]>https://www.davidbarberlaw.com/?p=487672022-09-08T14:07:39Z2022-09-08T14:07:39Zcar accidents are at the highest level they have been in 16 years.
How well you recover from a car accident will depend on several factors including the extent of your injury, how quickly you receive treatment and how committed you are to following doctor's orders.
Increase your fluid intake
One side effect of many car accident injuries is inflammation. Whiplash, contusions, airbag injuries and more severe injuries are often characterized by swelling and inflammation. Drinking lots of fluids can help reduce swelling and encourage your body to heal. Experts recommend consuming beverages that have a higher number of electrolytes. Boosting your intake of Vitamin C can also reduce bruising and provide your body with the needed support to fully recover.
Avoid drinking soda while you recover. High concentrations of fructose, corn syrup and other sugary additives will interfere with your body's healing. Make it a goal to drink at least 6 cups of water each day.
Implement mindful activity
Exercise and high-intensity activities will not help while you are in recovery. Especially if you received significant physical injuries, these types of movements may further injure you. However, you can ask your doctor about which activities you can reasonably do. Implementing some activity into your daily regimen, even if a brief 10-minute walk, may improve your mood and facilitate healing.
Your injuries may take months or even years to recover from. The thought and effort you put into your recovery may improve your chances of healing quickly and completely.]]>0On Behalf of Barber Law<![CDATA[Are adult children impacted by their parents’ divorce?]]>https://www.davidbarberlaw.com/?p=487472022-12-15T16:07:27Z2022-08-26T18:44:34ZWhat can you to do help your grown children navigate the situation?
Helping adult children cope with the divorce can be tricky, especially if they feel caught in the middle. The following tips about calming the waters might be useful:
If your children devise some ground rules, respect the limits they set and don’t overstep. They aren’t pushing you away; they are trying to stay connected to both of you without being enmeshed in the post-marital tumult.
All of you have to keep communicating with each other. Don’t erect emotional walls that can’t be dismantled.
You are still your children’s mother or father. They still need you more than ever to fulfill those roles.
The whole family needs a chance to adapt
Everyone needs space to get used to the divorce and its ripple effects. Take care of yourself, let your adult children know you will always be there for them and be patient while the healing proceeds.]]>0On Behalf of Barber Law<![CDATA[What is parental alienation?]]>https://www.davidbarberlaw.com/?p=487652022-08-12T15:23:49Z2022-08-12T15:23:49Zmanipulates the child so that he or she does not want to have a relationship with the other parent.
Effects on child
Parental alienation can change the way a child feels. If it happens when he or she is very young, it can do serious damage to the relationship with the alienated parent. The child will likely grow up believing the custodial parent about everything, even if the parent is lying.
The tactic also can cause the child emotional issues and lead to behavioral or other problems. The child may grow up confused or grieving the loss of the relationship with the other parent.
How it happens
Parental alienation can happen gradually. It often begins with small things, such as not letting you see your child or trying to control how long you spend with your child. The other parent may speak badly about you to your child or begin making up stories about things that never happened. You will slowly feel as if the other parent is pushing you away, and you may notice a change in how your child acts towards you.
Why it happens
Usually, the parent who is trying to push the other parent away wants to have control or is afraid of sharing the child. It comes down to a problem with that parent, and there is nothing you or the child did to cause it.]]>0On Behalf of Barber Law<![CDATA[How does a high-conflict divorce affect children?]]>https://www.davidbarberlaw.com/?p=487632022-07-26T00:50:11Z2022-07-26T00:50:11Zprone to anxiety and depression than kids whose fighting parents divorce.
How conflict impacts kids
Research shows that parental conflicts have an adverse impact on a child’s emotional growth and well-being. If you and your child’s other parent fight on a regular basis, your child becomes more likely to struggle in school. He or she also becomes more likely to seek out dangerous or damaging personal relationships later on. High levels of conflict between parents may also hurt a child’s self-esteem and self-concept.
How to minimize conflict amid divorce
Creating a parenting plan may help you and your child’s mother or father avoid future conflicts. So, too, might agreeing to communicate only in certain ways, such as by email or text message. Choosing certain forms of divorce, such as mediation, may also help make things easier on any children you and your former partner share.
You may also find it beneficial to come up with a set plan for handling future agreements when they arise. For example, maybe you agree to work through future disagreements with the help of an unbiased third party.]]>0