Divorce Law Journal

De Facto Custodian Status to Be Considered Anew Following Interruption in Status – Published Opinion from Kentucky Court of Appeals

Turner v. Hodge, et al. Child was born in March of 2005 to Murphy and Hodge, who were unmarried. In 2015, Hodge’s paternity was established, and a child support obligation was set on the same day. Turner,...

•November 12, 2019•Case Law - Kentucky, DeFacto Custodian, Nathan R. Hardymon

Allegations and Findings in Related Family Court Matters Are Not Judicially Noticeable and a Child’s Receipt of a Public Benefit Through a Parent’s Eligibility Does Not Preclude a Putative De Facto Custodian from Qualifying as a Primary Financial Support – Published Option from Ky. Court of Appeals

Lage, et al. v. Esterle Mother entered a maternity home to give birth, bringing along her two-year-old Twins. A Volunteer at the maternity home and her Husband agreed to care for the Twins while Mother gave birth...

•November 12, 2019•Case Law - Kentucky, DeFacto Custodian, Nathan R. Hardymon

Trial Court Retained Jurisdiction to Modify Child Support and Divide Property, but Lacked Jurisdiction to Modify Custody and Parenting Time; an Employee Benefit Was Marital Property; Expenses for Child During the Marriage Were Marital Expenses; and Maintenance Was in Error – Published Opinion from Ky. Court of Appeals

Roper v. Roper Opinion modified 1/17/2020 On appeal in a dissolution action, Husband argues that Trial Court erred (1) in hearing the case after Husband, Wife, and Children moved to Texas, as it no longer had jurisdiction; (2)...

•November 12, 2019•Case Law - Kentucky, Jurisdiction, Nathan R. Hardymon

Trial Court Did Not Err in Relying on Unpublished Opinions as Persuasive Authority; Husband Did Not Owe an Arrearage on Child Support Accrued While Husband and Wife Were Cohabitating in an Attempt to Reconcile Their Marriage – Published Opinion from Kentucky Court of Appeals

Brannock v. Brannock Husband and Wife were divorced, and Family Court incorporated the parties’ marital settlement agreement (“MSA”) into the decree. The MSA provided that Husband would pay Wife $1,000.00 per month in child support. It also...

•November 12, 2019•Case Law - Kentucky, Child Support, Nathan R. Hardymon

Spouse Was Not Equitably Estopped from Relying on Date of Dissolution Decree as Valuation Date for Retirement Benefit – Published Opinion from Kentucky Court of Appeals

Tager v. Tager Circuit Court referred disputed issue in a dissolution action, including division of marital assets, to Domestic Relations Commissioner (“DRC”). DRC issued a report finding Husband qualified for military retirement benefits, which the parties stipulated were...

•October 28, 2019•Asset Home, Nathan R. Hardymon, Retirement Plans

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De Facto Custodian Status to Be Considered Anew Following Interruption in Status – Published Opinion from Kentucky Court of Appeals

Trial Court Did Not Err in Relying on Unpublished Opinions as Persuasive Authority; Husband Did Not Owe an Arrearage on Child Support Accrued While Husband and Wife Were Cohabitating in an Attempt to Reconcile Their Marriage – Published Opinion from Kentucky Court of Appeals

Spouse Was Not Equitably Estopped from Relying on Date of Dissolution Decree as Valuation Date for Retirement Benefit – Published Opinion from Kentucky Court of Appeals

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Divorce Law Journal

De Facto Custodian Status to Be Considered Anew Following Interruption in Status – Published Opinion from Kentucky Court of Appeals

Trial Court Did Not Err in Relying on Unpublished Opinions as Persuasive Authority; Husband Did Not Owe an Arrearage on Child Support Accrued While Husband and Wife Were Cohabitating in an Attempt to Reconcile Their Marriage – Published Opinion from Kentucky Court of Appeals

Spouse Was Not Equitably Estopped from Relying on Date of Dissolution Decree as Valuation Date for Retirement Benefit – Published Opinion from Kentucky Court of Appeals

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