Unlike property that was earned during the marriage, there is no presumption that debt incurred during the marriage is marital debt. Neidlinger v. Neidlinger, 52 S.W.3d 513, 523 (Ky. 2001). See also KRS 403.190. There is also no presumption that debts must be divided equally or in the same proportions as marital property but rather...Read More

Cabinet for Health & Fam. Servs., Com. v. H.L.O. Letcher Circuit Court Questions Presented: Termination of Parental Rights. Calculation of Time Spent in Out-of-Home Care. Reviewing the Court of Appeals’ reversal of the trial court’s judgment terminating parental rights, the Court finds there was substantial evidence in the record to support the trial court’s findings...Read More

An Emergency Protective Order (EPO) is a temporary order of protection from domestic violence and abuse. An EPO can be issued without a hearing or notice to the other party. A judge who receives a petition for an EPO must determine whether there is an “immediate and present danger” of domestic violence and abuse. Once...Read More

Normandin v. Normandin Oldham Circuit Court Original Digest The Kentucky Supreme Court modified its December 17, 2020 Opinion to allow the parties to offer evidence to rebut the presumption that the marital portion of each RSU allotment would be the proportion of time in each three-year vesting period that was marital and the proportion in...Read More

Com., Cabinet for Health & Fam. Servs. v. K.T. Bullitt Family Court After the Cabinet for Health and Family Services (“the Cabinet”) was granted temporary custody of the Children in a dependency, neglect, and abuse (“DNA”) action, the Cabinet placed the Children with their paternal aunt. The aunt later notified the Cabinet that the Children...Read More

In Kentucky, debts accumulated during the marriage are treated differently than assets acquired during the marriage. Unlike assets, there is no statutory presumption that debts accumulated during the marriage are marital. To determine if a debt is marital or non-marital, courts look to the following factors: (1) who received the benefits for which the debt...Read More

R.M. v. Cabinet for Health and Fam. Servs., Com. Harrison Circuit Court Questions Presented: Termination of Parental Rights. Best Interests of the Child. Reasonable Efforts. Substantial evidence in the case supported trial court judge’s decision to terminate parental rights despite acknowledged cultural barriers and the children’s express wishes to return to their parents. Children were...Read More

No one gets married to get a divorce, but unfortunately not all marriages last and sometimes a divorce may be necessary.Read More

In Kentucky, a child support order ends when a child turns eighteen, unless the child is still enrolled in high school, in which case, child support will continue until the end of the school year in which the child turns 19. In certain circumstances, such as when an adult child is disabled, child support may...Read More

A.G. v. Cabinet for Health & Fam. Servs., Com. Jefferson Circuit Court Questions Presented: Interstate Compact for The Placement of Children (ICPC). KRS 615.030. Opinion of the Court reversing the Court of Appeals and vacating the judgment of the Jefferson Family Court terminating the parental rights of A.G. to his minor son. Court held that...Read More