Update: Opinion withdrawn BAAS V. BAAS Husband and Wife entered into a bullet-pointed informal mediated agreement.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
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...Read More
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...Read More
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...Read More
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...Read More
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...Read More
