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Divorce Law Journal 
Divorce and family law info for professionals in Kentucky and beyond.
Post Frequency: 5.4/day Last Entry: March 28, 2011 at 14:10:35 Recent Entries: 367
By Diana L. Skaggs, Esq.
Go to Divorce Law Journal, find other Family Law blogs, or browse all law blogs.
Young v. Young, Classification and Division of Firefighter's Pension
Posted on May 24, 2010Young v. Young, 2008-CA-000845-MR Issue: Classification and division of firefighter?s pension plan Published: Affirming in Part, Reversing in Part and Remanding County: Kenton Husband appealed TC?s classification and division of his firefighter?s pension plan as a marital asset...
Cabinet for Health and Family Services v. L.J.P., M.J.P., and D.J.P: Grandparents? Right to Intervene in Termination of Parental Rights and Adoption Proceedings
Posted on May 24, 2010Cabinet for Health and Family Services v. L.J.P., M.J.P., and D.J.P, 2008-SC-000950-DGE Issue: Grandparents? Right to Intervene in Termination of Parental Rights and Adoption Proceedings Published: Reversing County: KENTON Cabinet appealed CA?s reversal of FC?s denial of paternal grandparents? motion to intervene in termination of parental rights action, where CA held that the grandparents could intervene as a matter of right under CR 24...
Thanks To Bonnie Brown For Her Guest Post
Posted on May 21, 2010We are delighted Bonnie Brown took the time to study the Abbott opinion and permitted us to post her analysis on this blog. Sorry about the irregular font. That periodic problem is ours not hers, and we just haven't yet taken the time to have it fixed...
From Guest Blogger Bonnie Brown: DEVELOPMENTS IN INTERNATIONALIZATION OF FAMILY LAW: U.S. SUPREME COURT ADDRESSES THE TRAGEDY OF INTERNATIONAL CHILD ABDUCTION
Posted on May 21, 2010Although family mobility has been global for decades, the United States Supreme Court, for the first time,[1] has interpreted a provision of the Hague Convention on the Civil Aspects of International Child Abduction, a treaty to which the United States is a contracting state...
One Published Family Law Opinion From Ky COA Today
Posted on May 21, 2010Young v. Young, firefighter pension is divisible marital asset and use of coverture fraction was approved. Reversed because valuation date is date is date of decree and court erred is using valuation date two years after decree. Digest to follow.
Discretionary Review Granted in Harrison v. Leach
Posted on May 20, 2010Here is our digest and link to the Kentucky Court of Appeals opinion which addresses the standing of a third party who is not a defacto custodian following enactment of the UCCJEA.
Ky Supreme Court Releases Two Family Law Opinions Today
Posted on May 20, 2010Lichtenstein v. Barbanel, payment of marital debt may not be off-set against child support under UIFSA. Trial Court also erred in failing to establish child support arrearage owed by one parent before determining net amount owed by other, where custody had been changed and amount mother owed to father had not been established before Income Withholding Order had been issued...
U.S. Supreme Court Decides Hague Convention Case of Abbott v. Abbott
Posted on May 20, 2010If a custodial parent violates an order not to remove a child from the country, the non-custodial parent may use the Hague Convention to have the child returned. Abbott v. Abbott, decided May 17, 2010 and online here John Crouch at The Family Law News Blog says in this post, "This result is good policy, it?s good for international families, it?s good for the rule of law...
Fraley v. Fraley, Ky Domestic Violence and Evidence
Posted on May 18, 2010Fraley v. Fraley, 2009-CA-002167-ME Issue: Domestic Violence Order, abuse of discretion Published: Reversing County: Bourbon Husband appealed DVO entered by FC, arguing that FC applied wrong definition of ?domestic violence? and abused its discretion by allowing an unsworn, unidentified person to interject at the DVO hearing, by allowing the admission of hearsay statements set forth in the domestic violence petition, and by considering the impact of alleged hearsay statements on Wife; and that FC clearly erred when it found that an act of domestic violence occurred...
2010 Kentucky Domestic Relations Legislation
Posted on May 12, 2010The 2010 Session of the Kentucky Legislature enacted the following legislation affecting domestic relations matters. House Bill 1is known as Amanda?s Bill in honor of Amanda Ross who was killed in 2009 in a domestic violence incident. The Act allows judges to order violators of a Domestic Violence Order to wear a global positioning system tracking device to monitor abuses and help make sure they maintain the required distance from their victims...
2010 Kentucky Domestic Relations Legislation
Posted on May 12, 2010The 2010 Session of the Kentucky Legislature enacted the following legislation affecting domestic relations matters. House Bill 1is known as Amanda?s Bill in honor of Amanda Ross who was killed in 2009 in a domestic violence incident. The Act allows judges to order violators of a Domestic Violence Order to wear a global positioning system tracking device to monitor abuses and help make sure they maintain the required distance from their victims...
One Kentucky Court of Appeals Published Family Law Opinion Today
Posted on May 07, 2010Fraley v. Rice-Fraley, DVO reversed. Digest to follow.
Kentucky Court of Appeals Family Law Today
Posted on April 30, 2010There are no published family law opinions. Campell v. Hale is an interesting unpublished opinion affirming the circuit court's division of property acquired during cohabitation.
Wooldridge v. Zimmerer, Ky COA, Jurisdiction To Extend Domestic Violence Order
Posted on April 26, 2010WOOLDRIDGE v. ZIMMERER, 2009-CA-001786-ME Issue: Jurisdiction to Extend Previously-Issued DVO Published: Vacated and Remanded with Instructions to Dismiss County: Jefferson Wooldridge appealed from FC order extending DVO for an additional three years, contending FC did not have jurisdiction to do so as original term of DVO had expired at time of court?s order...
Proposed Kentucky Family Court Rules of Practice and Procedure
Posted on April 23, 2010Here are the proposed rules: Download Proposed New Family Court Rules. The Kentucky Supreme Court will hear comments at the June annual convention in Lexington.
New Ky Published Family Law Opinions
Posted on April 23, 2010Today the Ky Court of Appeals decided Wooldridge v. Zimmerer where an extension of DVO for 3 years was reversed and remanded. Yesterday the Ky Supreme Court released Artrip v. Noe, holding that the parent who is not disabled gets no credit agaisnt his/her child support obligation on account of social security benefits the child receives as a result of the other parent's disability...
Artrip v. Noe, Ky. S. Ct, Child Support, Social Security Disability
Posted on April 23, 2010Artrip v. Noe, 2009-SC-000260-DGE Issue: Application of Social Security Disability Benefits received by Children due to Custodial Parent?s Disability in Child Support Determination Published: Affirming (With Concurrence in Result Only) County: Fayette Mom, non-custodian, appealed from CA decision vacating FC?s order reducing her child support obligation based on the children?s receipt of Social Security Disability payments received due to disability of Dad, custodial parent, claiming CA erred in its interpretation of child support statute and its failure acknowledge and reconcile provisions of that statute...
Chappell v. Chappell, Interview of Child in Custody Proceeding, KY COA
Posted on April 16, 2010Raymond Keith Chappell v. Brenda Marie Chappell, 2009-CA-000634-MR Issues: Whether Trial Court is required to interview child in chambers to ascertain child?s preference as to his custodian and visitation. Published: Affirmed. County: Allen Parties were married in 1994 and had three children...
Published Ky COA Family Law Opinion
Posted on April 16, 2010Chappell v. Chappell, custody and visitation and division of marital property affirmed. Court not required to interview children. A digest will follow. There were no published family law opinions last week
Sanctions Against Self-Represented Party
Posted on April 02, 2010There are no published family law opinions released by the Kentucky Court of Appeals today. However, there is a published decision that will interest family law practitioners. Lattanzio v. Joyce discusses permissible sanctions that may be imposed upon pro se litigants...
S.R., Mother v. J.N., Father and D.N., a Minor Child, Ky COA
Posted on April 01, 2010S.R., Mother v. J.N., Father and D.N., a Minor Child, 2009 CA-001621-ME Issues: Family Court must determine truth or falsity of all allegations in a complaint and consider only the evidence in the record to reach its conclusions. Published: Vacating and Remanding County: Marshall S...
Ky COA Publishes One Family Law Opinion Yesterday
Posted on March 27, 2010S.R. , Mother v. J.N., Father and D.N. Child, order removing child from mother vacated and remanded. Digest to follow.
Kentucky Supreme Court Family Law Minutes Today
Posted on March 18, 2010Discretionary review was granted in Rice v. Rice, a 2-1 unpublished opinion of the Court of Appeals affirming classification of debt as marital and dividing it equally. The husband had amassed $65,000 in debt for the benefit of the parties? adult son, some of which was for luxuries, all without the knowledge of his wife...
Kentucky Supreme Court Family Law Minutes Today
Posted on March 18, 2010Discretionary review was granted in Rice v. Rice, a 2-1 unpublished opinion of the Court of Appeals affirming classification of debt as marital and dividing it equally. The husband had amassed $65,000 in debt for the benefit of the parties? adult son, some of which was for luxuries, all without the knowledge of his wife...
Discretionary Review Sought In Arbitration Case
Posted on March 11, 2010A motion for discretionary review has been filed in Campbell v. Campbell, which we digested here, and ranted about here. This is most welcome and it is my hope that review will be granted.
Discretionary Review Sought In Arbitration Case
Posted on March 11, 2010A motion for discretionary review has been filed in Campbell v. Campbell, which we digested here, and ranted about here. This is most welcome and it is my hope that review will be granted.
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This is a very tough situation your friend is in. It is difficult to know the ex...
He is a very smart man who is always looking for ways around things. The judge granted our divorce for December 12,2007, and my ex-husband told me that he just got married just before Thanksgiving. He is a student at Cal
i can answer that for you. with all due respect. better your own life just as i ...
This case is regarding a case settlement from a divorce in 1990 and turned into an estate matter. The attorney I hired was to charge the estate for his legal fees in which I understood was legal. after the court settleme
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Must I refinance my house aftering taking full ownership after a divorce via a quit claim?
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My exwife got a judgement aganst me. years latter i remarried and bought a home i told my new wife that I was not sure about owning real property so soon . our realtor told us I could file a quick claim deed. i sign it t
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