When maintenance is front-end-loaded, the payor may be required to recapture in the third year excess alimony. Two calculations are necessary.The first compares the second year payments to the third year payments. If the amount paid in year three plus $15,000 is less than paid in the second year, the excess will be recaptured. The...Read More

An April 10, 2006 National Law Journal article on paternity fraud has been reprinted at www.law.com. This is the flip side of the dual paternity issue where non-biological fathers have been required to pay child support. It is important to distinguish the rights/duties of husbands who are non-bio dads who want to raise and support...Read More

Utah has decided an important dual paternity case, link below. The law in Kentucky is unsettled where a husband/non-biological father wants to continue a relationship with and support of a child born during the marriage. Although a case is pending in the Kentucky Court of Appeals, until a KY case is published the Utah decision...Read More

Michael Stevens’  KentuckyLawBlog, KyCases, and LouisvilleLawWire have been of enormous help to the bar, providing a much needed  (and free!) service of publicizing appellate opinions. We all owe him a big thanks. This blog will not duplicate his efforts. We are working on a grouping of published family law cases which we will keep updated...Read More

After overwhelming passage in the house and senate, Gov. Fletcher vetoed today HB 204 which would  have provided that child support of a child found by the court to be disabled does not terminate at age 19 until the court determines otherwise.This would not have been much change in the law. However,  an amendment prohibited...Read More

HB 155 was passed and signed by Gov. Fletcher March 18, 2006. It requires employers of more than 20 persons to notify the Cabinet for Families and Children 45 days before a lump sum payment of $150 or more (or as soon as the decision to make such payment, if fewer than 45 days) is...Read More

Talk about innovative arguments! Here’s the story: http://www.kaisernetwork.org/daily_reports/rep_index.cfm?DR_ID=35924 For another story on this reverse Roe v. Wade case: http://www.chicagotribune.com/news/nationworld/chi-0603100166mar10,1,1462426.story?coll=chi-newsnationworld-hed&ctrack=1&cset=trueRead More

The Kentucky Supreme Court has under submission a custody case involving same sex parents. Discretionary review of B.F. v. T.D. http://opinions.kycourts.net/COA/2004-CA-000083.pdf. was granted 11/16/05. The respondent  is represented by Franklin Jewell, a candidate for circuit Judge. Movant is represented by Bryan Gatewood and Courtney Joslin, pro hac vice. Ms. Joslin is associated with the National...Read More

Here’s a new and helpful guide to military pension division:http://www.dod.mil/dfas/militarypay/garnishment/Speech5.pdf Read More

When geogrphy prevents frequent parenting time, virtual visitation is an option. For a CNN report, http://www.cnn.com/2006/TECH/02/28/virtual.visitation.ap/index.htmlRead More