SEEGER V. LANHAM Unmarried mother filed an action to establish paternity and set child support. On May 24, 2012 the District Court set child support, and awarded pre-Petition support. The District Court ordered that the child’s social security dependent benefits satisfied Father’s child support obligation, and ordered that the surplus dependent benefit could act as...Read More
K. M.J. V. CABINET FOR HEALTH AND FAMILY SERVICES, COMMONWEALTH OF KENTUCKY, ET AL. Mother appeals from termination of her parental rights. After the hearing the trial court “deferred the matter” and conducted a further hearing four months later. Mother argued the trial court was required to either terminate her rights or dismiss the Cabinet’s...Read More
GIBSON V. CAMPBELL-MARLETTA Former husband appeals entry of a DVO arguing the trial court improperly relied on his threats to utilize the castle doctrine, a statutory right. The Court of Appeals agrees with the trial court that the Castle doctrine argument is disingenuous in this context. Former wife did not forcibly or unlawfully enter ex-husband’s...Read More
PENTICUFF V. MILLER, ET AL Mother gave birth to child and held out that her husband (hereinafter “Miller”) was the child’s father. She later told natural father (hereinafter “Penticuff”) that he was the child’s father. DNA testing confirmed that Penticuff, not Miller was the child’s father, although Miller paid child support and shared joint custody...Read More
BOONE V.BOONE Judge recused herself from a divorce action, after a DVO hearing, but before issuing an Order dismissing the DVO. Wife then filed motions arguing Judge should be recused from the DV case as well because she had recused herself in the divorce. The Judge denied Wife’s motions. Wife appealed arguing that “the court...Read More
GRASCH v. GRASCH Husband, an attorney, and Wife, who managed his law firm, divorced after a thirty year marriage. After four years of litigation, the parties appealed and cross appealed numerous issues for the Appellate Court to review. Contingency Fees The first issue the Appellate Court addresses is whether contingency fee cases are marital property...Read More
MOORE V. MOORE Trial Court held a bifurcated DVO hearing on a severe domestic violence incident between Husband and Wife. At the first hearing, Wife testified she was afraid of Husband and gave detailed testimony about the violent incident. After contact with Husband’s family, at the second hearing, Wife read a statement asking the Trial...Read More
HOFFMAN V. HOFFMAN The trial court entered an Order reducing maintenance which neither party received until twelve days after the Order was entered. Wife filed a motion to alter, amend, or vacate pursuant to CR 59.05, CR 60.01 or CR 60.02. The trial court found that no fault could be attributed to Wife for the...Read More
RETHERFORD V. MONDAY Mother argued on appeal that the trial court failed to make specific, independent findings of fact in a custody case. The trial court had nearly verbatim adopted the proposed findings submitted by Father. The Court of Appeals vacated the trial court judgment holding that cases involving children and families require strict compliance...Read More
MORRIS V. MORRIS Wife filed and was granted a DVO. Husband continued making threats and Wife filed a Motion for Contempt. At the hearing on Wife’s contempt motion, the trial court extended the DVO as a contempt sanction. After Husband’s appeal of its order, concerned Wife would be left without protection, the trial court vacated...Read More
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