BENSON V. LIVELY Girlfriend obtained a DVO against boyfriend which the family court later renewed. In the order renewing the court failed to check the box prohibiting firearm ownership. The family court later fixed the clerical error checking the box prohibiting firearms. Boyfriend appealed arguing that the court “improperly entered a DVO instead of an...Read More
Published Opinion from Ky Court of Appeals: C.B. V. CABINET FOR HEALTH AND FAMILY SERVICES, COMMONWEALTH OF KENTUCKY, ET AL. The trial court found that Child was neglected by the Father, although Father had sought drug treatment, ceased drug use, followed his case plan, and obtained employment. Father appealed arguing that “the evidence against him...Read More
DUFFY V. DUFFY Trial court found unvested RSUs were marital property subject to division, although Husband forfeited his right to the RSUs during the dissolution proceedings by leaving his employer two months before the RSUs vested. The trial court did not count the RSU income in setting Husband’s gross income calculation for child support. Read More
GRASCH V. GRASCH At the time of dissolution, Husband had an active law practice in which he had executed contingent-fee contracts with some clients. The trial court treated the contingent-fee contracts as a component of Husband’s income when received and not as property. The Court of Appeals agreed. The Supreme Court accepted discretionary review.Read More
ALLEN V. GUELTZOW Father filed a DVO action against step-father on behalf of his minor children. Father was the only witness and testified as to statements made to him by his then six-year-old child. The court also considered a police report and district court domestic violence charges. The trial court issued the DVO and stepfather...Read More
PRIEST V. PRIEST The Court of Appeals previously ruled in this case (Priest v. Priest, No. 2014-CA-000148-MR) holding Wife’s share of Husband’s military retirement “should be calculated based upon the DFSA, Section IV(c) as outlined in Poe v. Poe. 711 S.W.2d 849, 850 (Ky. App. 1986). The family court divided the military retirement benefit utilizing...Read More
DIXON V. DIXON Parties entered into a marital settlement agreement requiring husband to make payments for maintenance and child support. Instead, husband paid wife’s mortgage which was in excess of his child support and maintenance obligations. Wife objected but did not request a hearing on the issue for two years, which was more than a...Read More
DELEO V. DELEO The court scheduled a two day trial on a dissolution action including custody issues, parenting issues, and division of assets. Wife fired her initial counsel and had difficulty finding alternate counsel given her financial position. Wife ultimately obtained counsel who had a conflict with the scheduled trial date. Wife’s several motions for...Read More
The Kentucky Court of Appeals has asked us to post the two openings they have for staff attorneys. Here are the details: COA STAFF ATTORNEY – NT JOB CODE : 89140V001504 TITLE : COA STAFF ATTORNEY – NT DEPARTMENT : KENTUCKY COURT OF APPEALS GRADE : 15 SALARY : $42,500.16 – $56,100.00 (MIN TO MAX...Read More
HALLOWAY V. SIMMONS Boyfriend and girlfriend had conflict which resulted in an EPO being granted in Jefferson County against Boyfriend. Boyfriend violated the EPO and was charged. The day after his pre-trial conference, Boyfriend sought an IPO against girlfriend in Oldham County claiming she was targeting his locations. The Oldham County family court granted the...Read More
