KEETON V. KEITH Mother brought a motion asking court to settle a dispute over schooling between Mother and Father. The Trial Court entered an order pursuant to KRS 159.010 placing the child in Mother’s school of choice. The Court of Appeals vacated the order holding that KRS 159.010 “merely directs placement of a child in...Read More
THOMAS K. STONE V. PENNIE DUBARRY (NOW DETORRES), ET AL. Wife signed an employment contract with attorney which gave him a lien on all of her assets. Parties subsequently entered into a Marital Settlement Agreement which provided Husband would buyout Wife’s interest and receive marital home. It further provided each would pay his or her...Read More
ALBERT W. BARBER, III V. ELIZABETH D. BRADLEY Husband appealed to the Court of Appeals arguing the trial court erred by finding the equity in the parties’ residence was marital property and ordering the division of household goods and furnishings by lot. The Court of Appeals affirmed the trial court. The Supreme Court granted discretionary...Read More
FINK V. FINK Husband filed an appeal of an award of attorney fees, but failed to name Wife’s attorney as a party. As the fee award was “ordered paid directly to the attorney, the attorney ‘may enforce the order in his own name’ and, thus is the real party in interest and a necessary and...Read More
CHERRY V. CARROLL, ET AL Children resided in caretaker’s home for less than seven months after placement by CHFS and then were returned to Father. Upon caretaker’s Petition, the trial court designated him a de facto custodian. Father appealed arguing caretaker did not meet the statutory requirements to be a de facto custodian. The Court...Read More
ELMER RIEHLE V CAROLYN RIEHLE Husband, age 88, filed for a divorce from Wife, age 72, who had previously been appointed as his guardian and conservator. The trial court dismissed Husband’s petition pursuant to the Johnson case and on the basis that an incompetent person cannot bring a legal action in Kentucky. The Court of...Read More
KENNETH KIRILENKO V. CHERRYL KIRILENKO Husband and Wife moved to Kentucky shortly after Husband began receiving disability and retirement benefits from his Connecticut employer. Several years later, Wife filed a divorce action in Kentucky. Under Kentucky law, Husband’s disability benefits are non-marital, while under Connecticut law they may be marital. The trial court found that...Read More
TRIMBLE V. TRIMBLE During the marriage, Wife paid Husband’s credit card debt. After the divorce was granted, but before the trial court entered an order regarding the division of assets, Husband filed Chapter 7 bankruptcy. His debts were discharged in bankruptcy. Subsequently, the trial court ordered Husband to pay Wife back for her payment of...Read More
SEEGER V. 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 could act as...Read More
K. M.J. V. CABINET FOR HEALTH AND FAMILY SERVICES, COMMONWEALTH OF KENTUCKY, ET AL. Mother appeals from termination of her parental rights. After the hearing the trial court “deferred the matter” and conducted a further hearing four months later. Mother argued the trial court was required to either terminate her rights or dismiss the Cabinet’s...Read More
