Andrews v. Andrews Fayette County Circuit Court The parties were divorced in 2015, and their settlement agreement was incorporated into the decree of dissolution. The settlement agreement provided that Husband would pay Wife $4,000 per month in maintenance. Husband unilaterally reduced his payments to $1,000 after a decrease in his pay. Wife filed a motion...Read More

Once you have decided to pursue a divorce from your spouse, the question may arise whether it matters if you are the first to file the divorce. The short answer is no, but there are some advantages and disadvantages to filing the petition. Being the spouse who files the petition means that you have the...Read More

The end of a marriage can be an extremely confusing, stressful and highly emotional event. In order to make decisions that are within your control and in your best interest, minimizing conflict is essential. The following are some strategies for navigating the divorce process with a minimum of conflict. Focus your attention on the things...Read More

Satterfield v. Satterfield http://opinions.kycourts.net/coa/2019-CA-000011.pdf The parties were divorced in 1998, with the decree of dissolution of marriage requiring Husband to execute a Qualified Domestic Relations Order (“QDRO”) within 30 days of the date of entry of the decree. Husband did not execute the QDRO, of which Wife did not become aware until 20 years later,...Read More

Clark v. Workman http://opinions.kycourts.net/coa/2019-CA-000805.pdf Father appealed Family Court’s child support order requiring him to pay child support to Mother. The Kentucky Court of Appeals first admonished the bar for noncompliance with the Rules of Appellate Procedure, describing the pervasiveness of the problem, which is continuously on the rise. Because Father’s brief violated at least 11...Read More

D.L.B. v. Commonwealth http://opinions.kycourts.net/coa/2019-CA-001168.pdf Father appealed a finding that he physically abused his son. The caption of Father’s notice of appeal listed “In re: [D.L.B., IV, a minor child” and “Commonwealth of Kentucky, Cabinet for Health and Family Services” as Petitioners. The body of the notice of appeal named Father as the appellant and “the...Read More

Ridgeway v. Warren http://opinions.kycourts.net/coa/2019-CA-001207.pdf Mother moved Family Court to enter an order allowing her to enroll Child at a private school due to Child experiencing academic difficulties in her parochial school, to apply for financial aid, and asking that Father be required to assist in the financial aid application process. Father objected, citing concerns, such...Read More

The first holiday season after a divorce or separation, and those thereafter, can often be a time of conflict, stress, and confusion. Many parents and children feel distressed that the family traditions that they practiced for years now feel unfamiliar. Despite this, it is possible for co-parents and their children to have a happy holiday...Read More

In Kentucky, marital property is divided pursuant to KRS 403.190 “without regard to marital misconduct in just proportions considering all relevant factors including.” Not all property is marital property. The statute sets aside nonmarital property which is not subject to equitable division. KRS 403.190(2) describes nonmarital property as follows: “(a)Property acquired by gift, bequest, devise,...Read More

T.S. v. Kentucky, et al. Grandmother, and custodian of the children at issue herein, was named as the person responsible for abuse and neglect the court found to have occurred. Grandmother appealed. The Court of Appeals ordered Grandmother to show cause why the appeal should not be dismissed for failure to name the Cabinet for...Read More