Jay Picard v. Katherine Knight, No. 2023-SC-0043-DG
Pulaski Circuit Court
http://opinions.kycourts.net/sc/2023-SC-0043-DG.pdf
KENTUCKY SUPREME COURT ELIMINATES ATTORNEY FEE AWARDS UNDER CR 68 IN FAMILY LAW MATTERS
Father sought an award of attorney fees in a child support modification matter pursuant to CR 68(3). He argued that he was entitled to reimbursement of his attorney fees because Mother ran up his discovery costs after he offered her a settlement that would have provided her with a child support amount higher than what was ultimately awarded to her by the family court following an evidentiary hearing.
The family court denied Father’s motion on the basis that KRS 403.220 governs whether an award of attorney fees is appropriate. The Court of Appeals Affirmed. The Supreme Court accepted discretionary review before affirming the lower courts and eliminating the use of CR 68 in domestic proceedings.
The Court held that KRS Chapter 403 generally and KRS 403.220 specifically preempt CR 68 from application to family law matters. The Court explained that an award of fees under CR 68 is inconsistent with the resolution of family law matters, where the focus is less on winners and losers and more on equity and fairness. Specifically, the Court took issue with the lack of discretion family courts would have to award fees under CR 68, which mandates that an award be made under certain circumstances. Instead, the Court held that family courts may award fees under KRS 403.220 and CR 11, which give them wide latitude in awarding fees and discouraging conduct or tactics that waste the court’s and attorneys’ time.
Carter Anderson
