Mattingly v. Mattingly, 164 SW3d 518 (Ky.App., 2005) Obligation to pay college for a child over 18 was not dischargeable in bankruptcy, even where mother failed to contest dischargeability in Bankruptcy Court.Read More

Combs v. Daugherty and Jennifer Combs, Real Party in Interest, 170 SW3d 424 (Ky.App., 2005) Discovery from child support obligor for purpose of recalculating child support is not permitted until a motion for modification of support is filed.Read More

Thompson v. Thompson, 172 SW3d 379 (Ky. 2005) Child support accrues as each installment becomes due and such fixed, liquidated debt is not subject to retroactive modification.Read More

Reinle v. Com., 170 SW3d 417 (Ky. App., 2005) Trial court erred in holding real estate sales proceeds for an incarcerated child support obligor to be held by Master Commissioner to be applied to future child support payments. Equitable remedies are inapplicable when there is a plain, adequate legal remedy, which exits under KRS 387.290(1)...Read More

The Family Law Professor’s Blog reported on this case today following yet another N.Y. Times article. Detective Anthony Pellicano was indicted in February following a long investigation which is including more than one divorce lawyer in its net. One of the allegations is that the lawyer received wiretapping information from the detective. Moral of the...Read More

ED v. Commonwealth of Kentucky and Cabinet for Health and Family Services, 152 SW3d 261 (Ky.App., 2004) District Court order permitting grandparent to visit during parents’ visitation time was insufficient to entitle grandmother to visitation after parental rights of parents were terminated. Statute governing grandparent visitation requires a visitation order issued by Circuit Court prior...Read More

Chief Judge Stephen George gave an excellent presentation on relocation at the AAML/LBA seminar last week,” Fenwick, Dead or Alive?” We have made an editorial decision, though, not to report on judges’ comments on this blog. The ABA Family Law Advocate features relocation as the subject of its most recent edition and contains a good...Read More

We found this helpful site, Reporters’ Committee for Freedom of the Press, thanks to John Stout on the ABA Family Law Section listserve. We tell our clients in KY that phone conversations cannot be taped if the client is not a party to the conversation. The tricky part is conversations between persons in different states....Read More

S.R.D. v. T.L.B., 174 SW3d 502 (Ky. App., 2005) Husband who held himself out to be child’s father for 9 years was equitably estopped to deny paternity and child support obligation when at the time of the divorce decree there was and uncontested assertion that the marriage produced three children.Read More

Com., Cab. For Health & Family Services v. Byer, 173 SW3d 247 (Ky.App,. 2005) Cabinet for Health & Family Services was a party to the action because it initiated dependency action, but trial court order directing the Cabinet to pay expert witness fees was reversed because KRE 760(A) requires a court to enter a show...Read More