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Family Law

Divorce Law Journal

Divorce and family law info for professionals in Kentucky and beyond.
By Diana L. Skaggs, Esq.

Post Frequency: 5.4/day

Last Entry: March 28, 2011 at 14:10:35

Rice v. Rice, Ky. S. Ct., Marital Debt

Posted on March 28, 2011
Rice v. Rice, No. 2009-SC-000730-DG on review of COA No. 2008-CA-000715-MR and 2008-CA-000716-MR Published: Opinion Reversing County: Greenup The Supreme Court accepted discretionary review to determine whether TC abused its discretion in concluding that debt incurred by husband and adult son without wife?s knowledge was marital property and assigning responsibility for one-half the debt to wife...

No Published Family Law Opinions From Ky Court of Appeals Today

Posted on March 25, 2011

Published Family Law From Ky Supreme Court Today

Posted on March 24, 2011
Rice v. Rice, division of debt. Credit card debt incurred solely by husband and adult son, without wife's knowledge and in which she did not benefit was improperly assigned to her. Digest to follow

We're Up To Date

Posted on March 23, 2011
Digests of the two published family law opinions from March 11, 2011 are now posted. There were no published family law opinions released by the Kentucky Court of Appeals last week.

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Leach v. Harrison, Ky COA, Parent Fitness For Sole Custody As Against Non-Parent

Posted on March 23, 2011
Leach v. Harrison No. 2009-CA-000622-ME on remand from Supreme Court of KY. No. 2010-SC-000018-DGE Published: Opinion Affirming County: Estill Father appealed order of trial court granting permanent sole custody of his three children to their maternal grandparents, the Appellees...

Carpenter v. Schlomann, Ky COA, DVO ? Evidentiary Hearing Required

Posted on March 23, 2011
Carpenter v. Schlomann, No. 2010-CA-000027-ME March 11, 2011 Published: Reversed and Remanded County: Shelby Wife appealed from Shelby Circuit Court Order of Protection entered on behalf of husband. Court of Appeals reversed and remanded after finding that trial court failed to conduct a full evidentiary hearing and relied upon extrajudicial evidence...

Lanham v. Lanham, Ky COA, Civil v. Criminal Contempt, Findings re Civil Contempt

Posted on March 10, 2011
Lanham v. Lanham 2009-CA-001025-MR Published: Affirmed County: Crittenden Wife appealed from TC order holding her in contempt for failing to comply with divorce decree and order, arguing that she was denied due process and TC abused its discretion by failing to make specific finding that she had ability to comply with order; CA entered show cause order as to why Wife?s appeal should not be dismissed for Wife?s failure to name an indispensable party, the trial judge...

One Published Family Law Opinion from Ky Court of Appeals Last Week

Posted on March 04, 2011
Lanham v. Lanham, trial judge not an indispensable party to contempt appeal, civil vs. criminal contempt distinguished, no abuse in failing to make specific finding of ability to conform to court order. Digest to follow.

No Published Family Law Opinions from Ky Court of Appeals Today

Posted on March 04, 2011

McGregor v. McGregor, Ky COA, Parenting Time Schedule, Imputation of Income in Child Support and Maintenance Awards, Division of Debt, Amount and Duration of Maintenance

Posted on February 23, 2011
McGregor v. McGregor 2009-CA-000614-MR and 2009-CA-000632-MR Published: Affirmed County: Jefferson Mom appealed from FC's order in dissolution action, arguing that FC abused its discretion by setting a shared-custody schedule for the children, by imputing income to her, by awarding an inadequate amount of child support and maintenance, and by its division of the parties? debts...

C. C. v. Cabinet for Health and Family Services, Ky S. Ct., Application of Rules of Procedure in Dependency cases

Posted on February 21, 2011
C. C. v. Cabinet for Health and Family Services 2010-SC-000395-DGE Published: Reversing, vacating and Remanding County: Lewis Mom appealed from FC's order removing Children from her custody based on a finding of neglect, contending that the Rules of Civil Procedure applied to proceedings prior to the adjudication in dependency hearings and that FC committed error by denying Mom discovery of relevant information and documents prior to the adjudication hearing...

Pinkhasov v. Petocz, Ky COA, Validity of Marriage without Marriage Certificate

Posted on February 21, 2011
Pinkhasov v. Petocz 2008-CA-002420-MR Published: Reversing and Remanding County: Jefferson Pinkhasov appealed FC?s Order holding that he entered a legally valid de facto marriage with Petocz, arguing that parties were never validly married because they did not meet requirement of Kentucky statutes for same and that ?de facto? marriage is synonymous with ?common law? marriage which is prohibited in Kentucky...

Age v. Age, Ky COA, Validity of Marriage, CR60, Maintenance, Attorney Fees

Posted on February 18, 2011
Age v. Age, No. 2009-CA-001982-MR and Reid (formerly Age) v. Age, et al, No. 2009-CA-002173-MR Published: Affirming County: Oldham Reid filed a petition for dissolution of a 33-year marriage in November, 2006. After entry of the decree in June, 2008 the parties filed a settlement agreement which had been executed in April, 2008...

Draper v. Commonwealth, Ky COA, Paternity, Child Support and Joint Custody

Posted on February 18, 2011
Draper v. Commonwealth of Kentucky, et al, 2010-CA-000112-ME and Heacock v. Commonwealth of Kentucky, et al, 2010-CA-000185-ME Published: Reversing & Remanding County: Barren Shannon Heacock was married to Jesse Heacock who was injured in a boxing match in 1999 and lapsed into a coma leaving him with significant mental and physical impairments...

One Published Family Law Opinion from Ky Court of Appeals Today

Posted on February 18, 2011
McGregor v. McGregor, shared custody schedule, imputation of income, adequacy of child support and maintenance, and division of debt affirmed. Digest to follow.

Published Family Law Opinions From Ky Court of Appeals Today

Posted on February 11, 2011
We don't usually cover truancy or status matters on this blog. There was one published truancy case decided today, J.L. v. Commonwealth which is linked here, but which we will not digest.

One Published Family Law Opinion From Ky Court of Appeals Today

Posted on February 04, 2011
Age v. Age , trial court affirmed as to maintenance, attorney fees and denial of CR 60 motion to set aside decree. Digest to follow.

Hudson v. Hudson, Ky COA, Modification of Child Support, Standard of Review

Posted on February 01, 2011
Hudson v. Hudson, 2009-CA-002392-ME Published: Affirming County: Jefferson Mother appealed from TC Order increasing Father?s child support. Parties were divorced in 1996 and, in 2009, Mother filed a motion to increase Father?s child support obligation...

To Be Published Family Law Opinion From Ky Court of Appeals Last Week

Posted on February 01, 2011
Pinkhasov v. Petocz, no valid civil marriage where parties were married in a Jewish ceremony but without a secular marriage license and error to hold a defacto marriage was established. Digest to follow.

N.H. v. Comm., et al, Ky COA, Subject Matter Jurisdiction, Paternity

Posted on January 26, 2011
N.H. v. Comm., et al, 2010-CA-000955-ME Published: Affirming County: Simpson Appellee K.M.F. and her husband, S.S. were separated from December, 2007 until January, 2009. In January, 2008, K.M.F. had sexual relations with Appellant, N.H., became pregnant and gave birth in October, 2008...

Cabinet for Health and Family Services v. I.W.Jr., et al, Ky COA, Termination of Parental Rights

Posted on January 26, 2011
Cabinet for Health and Family Services v. I.W., JR., et al 2010-CA-000301-ME County: Clark Published: Reversing and Remanding The Cabinet appealed a judgment of Clark Family Court denying the petition to terminate the parental rights of Appellee, I.W...

One Published Family Law Opinion from Ky Court of Appeals Today

Posted on January 21, 2011
Draper v. Comm., et al., waiver of objection to standing to assert paternity. Digest to follow.

Discretionary Review Granted in Ky Timesharing Cases

Posted on January 20, 2011
The Kentucky Supreme Court accepted discretionary review this month of Anderson v. Johnson, (Ky COA opinion here), a denial of a motion to modify timesharing and of Keifer v. Keifer, (Ky COA opinion here), a modification of timesharing without best interests findings.

One Published Family Law Opinion From Ky Supreme Court Today

Posted on January 20, 2011
C.C. v. Cabinet for Health and Family Services, et al. Kentucky Rules of Civil Procedure apply to all phases of dependency , neglect and abuse actions , including temporary removal hearing portions, so long as not in conflict with the Juvenile Code. At least reasonable access to discovery must be permitted...

Pasley v. Pasley, Ky COA, Evidence Insufficient for Entry of DVO

Posted on January 15, 2011
Pasley v. Pasley, 2009-CA-001857-ME Published: Reversing and Remanding County: Jefferson CA found that FC abused its discretion by entering DVO where Petitioner made no allegations of physical abuse, physical injury, or threats of physical abuse but only provided her unsupported statement that she was unsure what Respondent would do and was afraid of him...

One Published Family Law Opinion From Ky Court of Appeals Today

Posted on January 14, 2011
Hudson v. Hudson, child support modification affirmed, change in law regarding deduction of social security benefit post-trial, manifest injustice standard of review applied. Digest to follow.

No published Family Law Opinions From Ky Court of Appeals Today

Posted on January 07, 2011

Two Published Family Law Opinions from Ky Court of Appeals Yesterday

Posted on December 30, 2010
Pasley v. Pasley, DVO reversed in absence of allegations of physical abuse or threats of physical abuse. N.H v. Cabinet for Health and Family Services, et al, circuit court had paternity jurisdiction where spouses had no marital relations for more than 10 months before birth of child...

Telek v. Daugherty, Ky COA, Jurisdiction to Enter Domestic Violence Order

Posted on December 23, 2010
Telek v. Daugherty, 2009-CA-001993-ME Published: Reversing and Remanding County: Kenton If Respondent has been served with EPO, hearing for DVO must occur within 14 days of entry of the EPO, or the court loses subject matter jurisdiction to hold the hearing and has no jurisdiction to re-issue an EPO or enter a DVO...

Two Published Famiy Law Opinions From Ky Court of Appeals Today

Posted on December 17, 2010
Telek v. Daugherty, domestic violence order reversed for lack of jurisdiction where respondent had been served but hearing was held more than 14 days after emergency protective order was entered. Cabinet for Health and Family Services v. I.W., Jr., et al, denial of petition to terminate parental rights reversed...

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