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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

Biggs V. Biggs, Ky COA, Child Custody Modification Jurisdiction

Posted on December 08, 2009
Biggs v. Biggs, __ S.W.3d __ (Ky. App. 2009) The parties divorced in 1999. The parties shared joint custody when mother and child moved to Colorado in 2007. In 2008 father filed a motion to modify custody in Kentucky. The trial court dismissed the motion for lack of jurisdiction, finding that Kentucky was no longer the child?s home state under the UCCJEA and that the child and a parent no longer had significant connections with Kentucky...

Cabinet for Health and Family Services v. J.T.G. and A.G., Ky COA, Jurisdiction, Venue, Cabinet Child Care Costs

Posted on December 08, 2009
Cabinet for Health and Family Services v. J.T.G and A.G. ___S.W. 3d ____(Ky. App 2009) PUBLISHED: VACATING AND REMANDING LAMBERT, PRESIDING; HARRIS, SENIOR JUDGE, CONCURS WITH SEPARATE OPINION; VANMETER DISSENTS COUNTY: SCOTT Cabinet appealed Scott FC?s order finding it in contempt for failing to pay child care assistance costs, relying on Jefferson FC order as ?law of the case...

Ky COA Published Family Law Case December 4, 2009

Posted on December 07, 2009
Biggs v. Biggs , reversal of dismissal of custody modification motion; relocation/military deployment. Digest to follow.

Williams v. Bittel, Ky COA, Custody Modification and Stay of Foreign Judgment

Posted on December 01, 2009
Williams v. Bittel PUBLISHED: AFFIRMING HARRIS, SENIOR JUDGE, PRESIDING; ACREE AND CLAYTON CONCUR COUNTY: DAVIESS Child?s Aunt and Uncle (?the Williamses?) appealed from TC?s order denying their petition to modify custody of Child and cross-appealed from TC?s order denying their motion to reconsider the petition...

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Ky Supreme Court and Court of Appeals Family Law Minutes Released Today

Posted on November 25, 2009
No Kentucky Supreme Court family law published opinions were among those released today. Discretionary review was granted in one family law case, Howard v. Howard. The unpublished opinion of the Court of Appeals is here. The case involves whether father, who quit job for claimed medical reasons, was underemployed for child support purposes and whether car debt is dischargeable in bankruptcy...

Atkisson v. Atkisson, Ky COA, Marital and Nonmarital Property, Fees, Temporary Maintenance, Garnishment and Judgment Lien

Posted on November 23, 2009
Atkisson v. Atkisson and Atkisson v. Atkisson (consolidated appeals, separate opinions) ___S.W.3d____ (Ky App. 2009) and ___S.W.3d____(Ky App. 2009) Husband appealed the trial court?s division of marital property, award of temporary maintenance, award of attorney fees, and denial of relief to quash garnishment writs and judgment lien...

Temple v. Temple, Child Custody, Ky COA

Posted on November 19, 2009
Temple v. Temple, ____S.W.3d____(Ky. App. 2009) Karen is the adopted daughter of Cheryl and Phillip. At the time of the adoption, Karen was classified as severely emotionally disturbed. When the parties divorced, Karen remained with Cheryl. In 2003, at seventeen years old, Karen had a child, N...

No To Be Published Ky COA Family Law Opinions This Week

Posted on November 06, 2009
We are up-to-date in posting all Kentucky published family law opinions.

No Ky S.Ct. To Be Published Family Law Opinions This Month; Review Granted In One

Posted on October 29, 2009
The Kentucky Supreme Court accepted discretionary review of one unpublished family law case, Noe v. Artrip. The issues are whether a thrift saving plan withdrawal is income for child support calculation and whether a non-custodial, non-disabled parent is entitled to a credit toward his/her child support based on the child's receipt of social security benefit paid on account of the other parent's disability.

Money v. Money, Ky COA, Modification of Marital Settlement Agreements

Posted on October 27, 2009
Money v. Money, ____S.W.3d____ (Ky. App. 2009) Ex-Husband appealed from TC?s order assigning him additional marital debt subsequent to a marital settlement agreement (?MSA?), arguing that MSA was ambiguous and that TC erred by assigning him additional debt, which he alleged was unknown at the time of MSA...

Snodgrass v. Snodgrass, Ky COA, CR60.02(f), Military Retired Pay

Posted on October 19, 2009
Snodgrass v. Snodgrass, __ S.W.3d __ (Ky. App. 2009) In divorce proceedings, the parties agreed on all issues, except for the division of husband?s military retirement. Husband served in the military for approximately 4 years prior to the parties? approximate 14 year marriage...

Two Published Ky COA Family Law Opinions Today

Posted on October 16, 2009
Money v. Money. Investment account had margin debt but agreement allocated account to wife and provided that husband pay all debt except mortgage and two credit cards. In enforcing agreement court assigned margin debt to husband and was affirmed. Snodgrass v...

Crowder V. Rearden, Ky COA, Civil Contempt

Posted on October 13, 2009
Crowder v. Rearden, __ S.W.3d __ (Ky. App. 2009) This is a companion appeal to Rearden v. Rearden, No. 2006-CA-002362-MR. Kimberly Joy Crowder, formerly Rearden, appealed from two orders, in which the trial court found her in contempt for failure to cooperate with the sale of the marital residence and for failure to pay her portion of the mortgage...

Ky COA, Jail Sentence For Civil Contempt

Posted on October 12, 2009
Crowder v. Rearden, decided last Friday, is still not on the minutes. We mention this because the link provided is to a scanned copy which will not automatically be updated. The Westlaw cite is 2009WL3231360. Digest to follow.

Proposed Amanda Ross Domestic Violence Prevention Act (Kentucky)

Posted on October 12, 2009
Here is the link to the pre-filed bill, BR251, relating to a global positioning monitoring system amendment to Kentucky?s domestic violence statute. It would also permit a petitioner to request that the respondent be prohibited from going to certain designated places requested by the petitioner...

Rearden v. Rearden, Ky COA, Classification Of Property, Attorney Fees

Posted on October 12, 2009
Rearden v. Rearden, __ S.W.3d __ (Ky. App. 2009) The parties divorced after approximately 6 months of marriage. No children were born during the marriage. Thus, the primary issues at trial and on appeal concerned the classification of assets as marital or non-marital property: Down payment on marital residence: The trial court classified the husband?s pre-wedding down payment of $3000...

Today's Ky Court of Appeals Published Family Law Opinions

Posted on October 09, 2009
Rearden v. Rearden, concerning classification of marital/nonmarital property and award of fees in dissolution. A digest will follow. The case mentions a companion contempt appeal considered simultaniously, Crowder v. Readen, but we don't see that one posted in the minutes...

Daunhauer v. Daunhauer, Ky COA, Modification of Maintenance

Posted on September 29, 2009
DAUNHAUER v. DAUNHAUER, ___S.W.3d___ (Ky. App. 2009) PUBLISHED: REVERSING ACREE PRESIDING; NICKELL AND SENIOR JUDGE KNOPF CONCUR COUNTY:JEFFERSON Ex-Ex-Husband appealed from TC?s order denying his motion to terminate his maintenance obligation, arguing that Ex-Wife was no longer dependent upon that maintenance to meet her needs...

Mauldin v. Bearden, Ky. S. Ct., Child Custody, CR 60, Continuing Jurisdiction

Posted on September 25, 2009
Mauldin v. Bearden, ___S.W. 3d___ (Ky. 2009) PUBLISHED: REVERSING OPINION BY JUSTICE NOBLE; ABRAMSON, CUNNINGHAM, SCHRODER, AND VENTERS, JJ., CONCUR; MINTON, C.J., CONCURS IN RESULT ONLY COUNTY: JEFFERSON Paternal Grandparents appealed from CA decision reversing Jefferson Family Court?s (FC?s) order denying Mom?s motion to set aside FC's judgment awarding permanent custody of Daughter to Paternal Grandparents and her motion for visitation, where FC found that it lacked jurisdiction to consider visitation...

Ky Court of Appeals Publishes One Family Law Opinion Today

Posted on September 04, 2009
Daunhauer v. Daunhauer, COA reversed trial court?s denial of motion to terminate maintenance. Discussion of rehabilitative maintenance. Digest to follow.

Goldstein v. Feeley, Ky. S. Ct., Jurisdiction, Writs of Prohibition and Mandamus

Posted on September 04, 2009
Goldstein v. Feeley, __ S.W.3d __ (Ky. 2009) A limited Decree of Dissolution was entered in 2003, dissolving the marriage of Ruby JoAnn Young-Layer and Robert James Layer and reserving the remaining issues, including the division of marital property, for future determination...

Young v. Holmes, Joint Custody, Ky COA Affirmed Order Of Religious School

Posted on September 03, 2009
Young v. Holmes, __ S.W.3d __ ( Ky. App. 2009) The parties share joint custody of their minor child and could not agree as to where the child should attend kindergarten. The trial court held a hearing and found that it was in the best interests of the child to attend St...

P.C.C. v. C.M.C., Ky COA, Step-parent Adoption, Termination Of Parental Rights,Due Process

Posted on September 02, 2009
P.C.C. v. C.M.C., __ S.W.3d __ (Ky. App. 2009) P.C.C. appealed the judgment of adoption which effectively terminated his parental rights and allowed the child?s stepfather to adopt him. P.C.C. and K.R.C. were married and had a son. The parties divorced and agreed that K would have sole custody and P would have a set visitation schedule with the child...

Two Ky Court of Appeals Published Opinions Released August 28, 2009

Posted on August 31, 2009
Young v. Holmes No error nor constitutional violation where trial court determined the child?s best interests would be served by the child attending the father?s choice of parochial school when parents could not agree. Wilder v. Wilder After decree entered one party received 2008 federal stimulus check based on parties? 2007 income...

Two Ky Supreme Court Family Law Published Opinions Rendered August 27, 2009

Posted on August 31, 2009
Mauldin v. Bearden Questions Presented: Child Custody and Visitation. Issues include whether Kentucky retained jurisdiction over visitation under KRS 403.824, a UCCJEA provision adopted in 2004. Goldstein v. Feeley Questions Presented: Petition for writ of mandamus and prohibition properly denied where there was an available remedy through an interlocutory appeal of an injunction via CR 65...

One To Be Published Ky COA Opinion August 21, 2009

Posted on August 25, 2009
C. ( P.C.) v. C. (C.M.) , step-parent adoption reversed where no substantial proof of abandonment by natural father. Digest to follow.

We're Up-To-Date

Posted on August 07, 2009
There have been no Kentucky to be published family law opinions the past few weeks. We are up-to-date.

Lawson v. Lawson, Ky COA, Marital Settlement Agreement, CR 60.02

Posted on July 20, 2009
Lawson v. Lawson, ___S.W.3d __ (Ky.App. 2009); 2008-CA-000824-MR The parties divorced in 2006. The wife sought and received an expedited divorce without conducting discovery into the extent of the marital estate. In the settlement agreement, wife received approximately 4 million dollars of assets and immediately began accepting the benefits of same following the divorce...

Lawson v. Lawson, Ky COA, Marital Settlement Agreement, CR 60.02 Corrected)

Posted on July 20, 2009
Oops! Wife received $24 million in the settlement. What's another $20M? Lawson v. Lawson, ___S.W.3d __ (Ky.App. 2009); 2008-CA-000824-MR The parties divorced in 2006. The wife sought and received an expedited divorce without conducting discovery into the extent of the marital estate...

Stipp v. Charles, Ky COA, Venue, Division Of Marital Property, Amount Of Maintenance

Posted on July 13, 2009
STIPP V. CHARLES TO BE PUBLISHED: AFFIRMED PANEL: ACREE PRESIDING; NICKELL AND KNOPF CONCUR COUNTY: JEFFERSON DATE RENDERED: 7/2/2009 Ex-Husband appealed TC?s order finding that he waived his objection to improper venue and dividing marital assets and awarding maintenance, claiming error...

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