PRIEST V. PRIEST The Court of Appeals previously ruled in this case (Priest v. Priest, No. 2014-CA-000148-MR) holding Wife’s share of Husband’s military retirement “should be calculated based upon the DFSA, Section IV(c) as outlined in Poe v. Poe. 711 S.W.2d 849, 850 (Ky. App. 1986). The family court divided the military retirement benefit utilizing...Read More

DIXON V. DIXON Parties entered into a marital settlement agreement requiring husband to make payments for maintenance and child support. Instead, husband paid wife’s mortgage which was in excess of his child support and maintenance obligations. Wife objected but did not request a hearing on the issue for two years, which was more than a...Read More

DELEO V. DELEO The court scheduled a two day trial on a dissolution action including custody issues, parenting issues, and division of assets. Wife fired her initial counsel and had difficulty finding alternate counsel given her financial position. Wife ultimately obtained counsel who had a conflict with the scheduled trial date. Wife’s several motions for...Read More

HALLOWAY V. SIMMONS Boyfriend and girlfriend had conflict which resulted in an EPO being granted in Jefferson County against Boyfriend. Boyfriend violated the EPO and was charged. The day after his pre-trial conference, Boyfriend sought an IPO against girlfriend in Oldham County claiming she was targeting his locations. The Oldham County family court granted the...Read More

R.S., ET AL. V. COMMONWEALTH OF KENTUCKY, CABINET FOR HEALTH AND FAMILY SERVICES CFHS brought dependency and neglect action on behalf of sons as father was a registered sex offender. Their action was not precipitated by any violation of the law. The family court entered orders requiring all contact between sons and father to be...Read More

MIRANDA V. MIRANDA This matter came before the Court on two separate appeals involving the same parties. The facts of the first appeal concern the marital residence. Pursuant to the parties’ Marital Settlement Agreement, Husband was to pay Wife $15,000.00 after he refinanced the marital home within 90 days. The agreement separately stated that if...Read More

LEWIS V. FULKERSON Both Husband and Wife appealed Court Order entered after a trial on all issues. Wife argued that the family court erred in finding that all of the proceeds from the sale of Husband’s businesses were his nonmarital property. Husband argued the family court erred in determining the character of Wife’s Trust corpus...Read More

MARCHESE V. AEBERSOLD “Questions Presented: Family Law. Domestic Violence Orders. Extrajudicial Information. Respondent in a domestic violence case was denied a fair hearing when the family court considered extrajudicial information in support of its decision to enter a DVO.” Aebersold filed for a Domestic Violence Order against Marchese alleging stalking. The parties appeared at the...Read More

S.S. V. COMMONWEALTH OF KENTUCKY, CABINET FOR HEALTH AND FAMILY SERVICES, ET AL. Family court terminated mother’s parental rights and allowed for step-mother adoption. Mother appealed arguing that the trial court failed in finding it could not appoint counsel on her behalf. The Court of Appeals agreed holding that because an “adoption without the consent...Read More

CALLIHAN V. CALLIHAN During the marriage Husband obtained a loan from PNC Bank for his business which wife signed as a guarantor. The parties subsequently entered into a Marital Settlement Agreement which provided each party would be responsible for debt solely in their name and Husband would hold harmless and indemnify Wife for business any...Read More