T.A.N. v. M.J. 2007-CA-002584 PUBLISHED: AFFIRMING PANEL: LAMBERT PRESIDING; STUMBO, THOMPSON CONCUR COUNTY: JEFFERSON DATE RENDERED: 9/26/2008 Mother appealed TC’s order providing additional parenting time to her ex-boyfriend, Father.Read More

Kennedy v. Plan Adm. for DuPont Savings was heard by the United States Supreme Court yesterday. At issue is whether a divorce agreement waiving survivorship pension rights is sufficient to defeat an unchanged beneficiary designation. The 5th circuit had held that a QDRO was the only way to defeat a pension beneficiary designation, creating a...Read More

Fehr v. Fehr,reversed in part, affirmed in part and remanded in part. This part affirmed: 1. A court with in personam jurisdiction and subject matter jurisdiction over a dissolution action may declare the parties’ interests in foreign land. However, consistent with the limitations on the court’s jurisdiction, to enforce a foreign decree so as to...Read More

BRAUSCH V. BRAUSCH 2007-CA-002198 PUBLISHED: AFFIRMING PANEL: THOMPSON PRESIDING; VANMETER, HENRY CONCUR COUNTY: KENTON DATE RENDERED: 9/12/2008 Dad appealed from TC’s order awarding child support (“CS”) to Mom, arguing that TC miscalculated CS owed; TC erroneously refused to abate CS during his summer parenting time; and TC should have included the earned income tax credit...Read More

CAMERON V. CAMERON ABROGATION OF MARITAL SETTLEMENT AGREEMENT 2007-SC-000105-DG PUBLISHED: AFFIRMING CUNNINGHAM PRESIDING COUNTY: NICHOLAS DATE RENDERED: 9/18/2008 Ex-Husband appealed TC’s Order that separation agreement was not abrogated during period of alleged reconciliation and that agreement was not unconscionable.Read More

MARSHALL V. COM. 2007-CA-001320 PUBLISHED: VACATING AND REMANDING PANEL: TAYLOR PRESIDING; CLAYTON, MOORE CONCUR COUNTY: GRAVES DATE RENDERED: 8/28/2008 Father appealed TC’s order revoking his conditional discharge upon offense of flagrant nonsupport.Read More

T.A.M. v. M.J., custody and additional visitation in paternity case. Digest to follow.Read More

I couldn’t figure out why in the world a plan administrator recently wanted a QDRO when the alternate payee was getting nothing under the Marital Settlement Agreement. Now I do. The 5th circuit ruled a QDRO was the only permissible way to release pension rights and in the absence of a QDRO the divorced spouse...Read More

Medical Vision Group, et al. v. Hon. Timothy Philpot, et al., –S.W.3d—(Ky. 2008) 2008-SC-000017-MRRead More