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
GIBSON V. CAMPBELL-MARLETTA Former husband appeals entry of a DVO arguing the trial court improperly relied on his threats to utilize the castle doctrine, a statutory right. The Court of Appeals agrees with the trial court that the Castle doctrine argument is disingenuous in this context. Former wife did not forcibly or unlawfully enter ex-husband’s...Read More
PENTICUFF V. MILLER, ET AL Mother gave birth to child and held out that her husband (hereinafter “Miller”) was the child’s father. She later told natural father (hereinafter “Penticuff”) that he was the child’s father. DNA testing confirmed that Penticuff, not Miller was the child’s father, although Miller paid child support and shared joint custody...Read More
BOONE V.BOONE Judge recused herself from a divorce action, after a DVO hearing, but before issuing an Order dismissing the DVO. Wife then filed motions arguing Judge should be recused from the DV case as well because she had recused herself in the divorce. The Judge denied Wife’s motions. Wife appealed arguing that “the court...Read More
