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法律很复杂. While there are generalities that hold true from day to day (e.g., 偷窃是违法的, 婚姻可以因离婚而解除。, 具体细节还在不断发展.g., 被盗财产的价值, which determines the recommended sentence; a state’s residency requirements for filing for divorce). That’s why talking with an attorney is crucial and can make all the difference in the success of your case. At 丘奇，兰登，洛普，巴内特·劳，我们得到了很多问题. 虽然答案因个人情况而异, 以下是我们最近收到的一些问题:
家庭法律有关的
问:我加薪了. 这会减少我得到的子女抚养费吗?
A: 也许. The courts do not want to spend time and resources making a lot of minor changes to child support orders. There are thresholds in place for determining whether a change is warranted. 在印第安纳州, the relevant statute provides for modification of child support only if circumstances have changed so substantially as to make the current child support order unreasonable, or if the change would make more than a 20% difference in the child support payment and it has been at least 12 months since the order was issued. 在肯塔基州, 12个月后，15%的差价就足够了, 但是第一年需要25%的差额. If the person who is paying child support files a Petition to Modify Child Support, he or she will have to show that the applicable criteria have been met.
Q: Is there an advantage (or a disadvantage) to being the one who files for divorce?
A: No. The person who files for divorce is referred to as the Petitioner and the other spouse is referred to as the Respondent. 申请人支付申请费. 除了这些区别之外, there is no difference between the Petitioner and the Respondent as far as rights and strategies. 谁提交并不重要. 最后，你们俩都会离婚.
儿童监护相关
Q: Is it true that 肯塔基州 passed a new law making 50/50 custody automatic?
A: 的. 肯塔基州最近通过了众议院492号法案, which creates a rebuttable presumption that joint custody and equal parenting time is appropriate. A rebuttable presumption means that you can argue to the court that 50/50 is not appropriate. 然而, 除非你能证明这一点, a court in 肯塔基州 will automatically order joint custody and equal (50/50) parenting time. 许多州, 包括印第安纳州, have been moving toward a presumption that equal parenting time is best, but haven’t enacted laws making that presumption automatic. 在大多数州, both parents still have an opportunity to show why equal parenting time should or shouldn’t happen from the very beginning of a case. 在很多情况下, one parent can effectively withhold that equal parenting time until a court orders otherwise. 这种情况在肯塔基州不会再发生了.
刑事法律
Q: Does a police officer have a right to search my vehicle during a traffic stop?
A: 简而言之，NO. 一个军官, 在肯塔基州和印第安纳州, does not have a right to search your vehicle during a traffic stop without reasonable suspicion that another crime is ongoing. The Supreme Court has stated that an officer may only detain a person for the reasonable amount of time required to complete a traffic stop and cannot detain someone any longer than that without reasonable suspicion. So, an officer may stop you only for as long as it takes to complete a routine traffic stop and no longer. Police officers cannot simply go on “fishing expeditions” in an effort to find another offense when you are pulled over for speeding.
问:什么是辩诉交易?
A: A plea bargain is usually where a person charged with a crime pleads guilty to a lesser offense, 后果会更轻, in an effort to expedite the legal process and avoid trial. 在某些情况下, 辩诉交易可能是有益的, but no one should accept a plea bargain without first consulting an attorney to weigh all the options of defense for their particular situation.
房地产法律
问:遗嘱和信托，哪个对我更好?
A: The question really depends on a person’s particular situation and circumstances. A will might be better for some people, whereas a trust would be best for someone else. 即使是这么简单的问题，也不是那么容易. 在决定遗嘱和信托之间, it is really best to consult and attorney with a wealth of knowledge and experience to make sure your estate is protected. Schedule an appointment today with one of our Estate Attorneys to protect your assets and future.
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你应该寻求法律建议吗, it is recommended that you retain a licensed attorney in the appropriate jurisdiction.
律师史蒂夫·兰登
在印第安纳州和肯塔基州都有执业执照, Steve 兰登 is an experienced elder law and trial attorney. 除了他的诉讼和审判工作, 史蒂夫的执业包括立遗嘱, 信托基金, 遗嘱认证, 医疗补助计划, 监护, 授权书, 以及高级指导计划, including living wills and health care surrogate designations. [ 律师生物 ]
律师加里·巴内特
Gary is licensed to practice law in both 印第安纳州 and 肯塔基州. 他专注于遗产规划, 遗产及信托管理, 遗产及信托诉讼, 监护, 老年人法和特殊需求规划. 加里赢得了他的J。.D. 来自路易斯维尔大学，路易斯D. Brandeis School of Law, and formerly practiced law at Bingham Greenebaum Doll and Wyatt, Tarrant & 库姆斯. [ 律师生物 ]
