BOOTES V. BOOTES Wife argued that the Trial Court erred by failing to include Husband’s income from a second business in its child support calculation. Husband ran a second business and gifted all his proceeds to his father. The Appellate Court held that the Trial Court erred by excluding the income from its child support...Read More
MCVICKER V. MCVICKER At trial, husband made several nonmarital claims, and argued for a 70/30 split of marital property in his favor, since he cared for the parties adult disabled child. The Family Court found that Husband had nonmarital claims in the home and in a Morgan Stanley account. It also split the parties’ marital...Read More
Lambe v. Weber The Appellate Court first addresses maintenance, holding that income should not be imputed to a spouse when her underemployment is not voluntary. In this case, the child’s medical needs prevented the mother from working.Read More
Middleton v. Middleton Interesting 50 page opinion and dissent addressing characterization of distributions from family trust, nonmarital tracing and standard of proof, division of marital personalty, assignment of debt, attorney fees and costs.Read More
Larry James Ensor v. Deborah Lynn Ensor, 2010-CA-001660-MR, 2010-CA-001699-MR and 2010-CA-002048-MR Published: Affirming in part, Reversing in part, and Remanding County: Oldham FACTS:Read More
Timothy M. Brosnan v. Margaret Brosnan No. 2010-CA-000229-MR, No. 2010-CA-000272-MR, No. 2010-CA-000849-MR Published: Opinion Affirming County: Jefferson Timothy Brosnan appeals and Margaret Brosnan cross-appeals from judgment of Jefferson Family Court dividing marital property and debts and awarding maintenance to Margaret. Margaret also appeals from Jefferson Family Court order denying her motion for attorney fees incurred...Read More
Woodson v. Woodson 2010-SC-000053-DG Published: Reversing and Remanding County: Jefferson Overruling Dame v. Dame, SC held that “a maintenance award in a fixed amount to be paid out over a definite period of time is subject to modification under KRS 403 .250(1).” KRS 403 .250(1) states in part:Read More
Age v. Age, No. 2009-CA-001982-MR and Reid (formerly Age) v. Age, et al, No. 2009-CA-002173-MR Published: Affirming County: Oldham Reid filed a petition for dissolution of a 33-year marriage in November, 2006. After entry of the decree in June, 2008 the parties filed a settlement agreement which had been executed in April, 2008....Read More