Stratton v. Commonwealth of Kentucky, 182 SW3d 516 (Ky., 2006) Actions of Cabinet for Families and Children in investigating allegations of child abuse are discretionary, therefore, Cabinet has immunity from negligence claims.Read More

Wheeler v. Wheeler, 154 SW3 291 (Ky.App., 2005) Where first maintenance modification motion was denied, and no modification resulted, the trial court must look at change of circumstances since the original agreement or decree. Res judica does not preclude the court from looking at facts and circumstances occurring prior to the first motion for modification...Read More

We have been slowly doling out the final KY decisions of the last year as we build our online database, so we can keep the blawg interesting with other material. Now we’re ready to move on to the latest and greatest, so you will see a blitz of the final decisions of the last year...Read More

Jeffrey v. Jeffrey, 153 SW3d 849 (Ky.App., 2005) KRS 454.220, enacted in 1992, supersedes prior case law and permits a divorce court in Kentucky to assert long arm jurisdiction to distribute marital property, wherever located, and to set spousal support where Kentucky was the matrimonial domicile and the action was filed within one year of...Read More

There is an online site to help parents eliminate the conflict and put their children’s interest first, Up To Parents. Looks like these folks have the right idea! Michelle Eisenmenger Mapes learned of this resource on the Indiana Bar listserve.Read More

The Tax Code is law. We are lawyers. Why, then, do we see so many agreements that say “The parties acknowledge that their attorneys have not provided any tax advice, blah, blah, blah?” Yes, it is an attempt at an exculpatory clause for the attorneys. However, did you know that such language could be used...Read More

Several Kentucky divorce attorneys, including yours truly, have used Laura (the “goddess”) Morgan’s Family Law Consulting Service. She has been so generous with her time coming to KY to teach at our seminars, meeting with our Child Support Commission, answering our telephone questions, and magically appearing with “white papers” at precisely the right time, that...Read More

Eugene Volokh, a professor at UCLA School of Law, a prolific writer, and in a former life a law clerk to Justice Sandra Day O’Connor, will publish this month a significant piece of legal scholarship, Parent-Child Speech Restricitons. I am please to have his permission to link to the draft.Read More

Hollbrook v. Hollbrook, 151 SW3d 825 (Ky.App., 2005) Where wife did not file a complaint in Bankruptcy Court, the Court did not have jurisdiction to reverse the order of the Bankruptcy Court discharging husband’s debt to wife arising from pension benefits he received prior to entry and acceptance of QDROs.Read More

B.C. v. B.T. and K.F., Joint Custodians of N.C., 182 SW3d 213, (Ky.App., 2005) Appeal to Court of Appeals proper since Circuit had a Family Court. Evidence was sufficient to establish father as unfit, although such finding was unnecessary as grandmother was found to be a de facto custodian and, thus, had equal footing with...Read More