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Case Law – Kentucky
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HARRY L. SEEGER V. SHARON 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...
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MAYS V. MAYS Husband and Wife entered into a Marital Settlement Agreement in North Carolina. Wife had an attorney. Husband did not have an attorney, but participated in the five drafts of the document. Both parties moved to Kentucky after Husband’s retirement from the military. Wife filed a motion to ratify the Separation Agreement. Husband...
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Grandpa and Baby
GARVIN V. KRIEGER, ET AL. Paternal grandfather and his girlfriend were adjudged de facto custodians of minor child and were awarded sole permanent custody. Maternal grandmother was awarded grandparent visitation pursuant to KRS 405.021. Mother and maternal grandmother appealed arguing that the family court erred by designating paternal grandfather and girlfriend as de facto custodians...
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GOODLETT V. BRITTAIN, ET AL. Father took custody of his two minor children after the death of mother. Maternal grandparents filed a Petition for grandparent visitation which was granted by the trial court. The Court of Appeals first addresses a jurisdictional issue. Grandparents filed a Petition for grandparent visitation, withdrew without serving Father, and then...
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100 Dollar Bill
JARBOE V. REYNOLDS The trial court set child support based on Mother’s annual income of $46,000, imputing the same income to Father. Father appealed arguing that the trial court erred by “denying him an adequate hearing before it determined whether he was voluntarily unemployed or underemployed” and “imputing income to him in an amount based...
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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...
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Child and Colorful Blocks
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...
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Calculator
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.  
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Car Crash
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.
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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...
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