MORTON, ET AL. V. TIPTON Maternal grandparents had custody of children. After lengthy litigation, paternal grandfather was ultimately awarded limited supervised visitation with children. Maternal grandparents appealed arguing “that the trial court erred when it applied the preponderance standard in considering whether to award grandparent visitation to [paternal grandfather].” The Court of Appeals affirms the...Read More
DOYLE V. DOYLE “Questions Presented: Family Law. Interest on money judgment. KRS 360.040. Application of KRS 360.040, governing interest on a judgment in a domestic relations case.” Husband owed wife $24,277.02 for a 1998 property equalization settlement. Wife attempted to garnish Husband’s funds ultimately getting a judgment lien on his property in 2008 after he...Read More
OFFICER V. BLANKENSHIP Husband and Wife entered into a Marital Settlement Agreement (“MSA”) which provided “Kentucky is considered the ‘home state’ of the children for all custody and time-sharing issues. Likewise, the parties understand that Kentucky shall continue to have ongoing, exclusive jurisdiction of all custody and co-parenting issues, unless the Court of another state...Read More
NORMANDIN V. NORMANDIN Husband and Wife divorced and the family court entered an order on child support, maintenance, and property division. Wife appealed challenging the family court’s conclusions of law on a number of issues. Wife first argued that the trial court erred in failing to make adequate findings and by considering the nonmarital inheritance...Read More
JONES V. LIVESAY After dissolution of marriage proceeding, Wife appealed on four issues. The Court of Appeals begins with a lengthy discussion of substantial compliance because Wife failed to follow the Civil Rules. First, Wife argues that “the visitation schedule is improper and should be set aside.” As she did not advance a substantive argument...Read More
Update: Opinion withdrawn BAAS V. BAAS Husband and Wife entered into a bullet-pointed informal mediated agreement. Wife signed based on the mediators representations that a tax credit Wife would receive in the agreement offset the difference in Wife’s valuation and Husband’s valuation of his businesses. When Husband’s attorney put together a formal agreement, Wife refused...Read More
HILLARD V. KEATING Mother and Father had significant post-decree litigation regarding child support, tax exemptions, and uncovered medical expenses which ultimately resulted in a ruling that modified the allocation of dependent-child tax exemptions allowing Father to claim two children. Mother appealed arguing that the Family Court erred in modifying the tax exemptions without making specific...Read More
DUNN V. THACKER Family Court granted Father’s request for DVO against Mother on behalf of himself and child, after finding Mother’s boyfriend was a physical threat to child. Mother appealed arguing the DVO could not stand because it was her boyfriend, not Mother “who committed the alleged domestic violence against Child.” The Court of Appeals...Read More
MATEHUALA V. TORRES Family Court entered a DVO against Husband citing Husband’s actions in discarding former Wife’s personal property from an abandoned trailer as support. Husband appealed arguing, “none of [former Wife’s] allegations rose to the level of domestic violence under the definition contained in KRS 403.270.” The Court of Appeals agreed holding that “no...Read More
COBANE V. COBANE In a dissolution of marriage proceeding with complex assets, Husband appealed on a variety of asset classification, valuation, and division issues. Read More
