Legal separation is a legal term of art. It is a distinct legal process and not a speedier or more efficient way of obtaining a divorce. In fact, one of the defining characteristics of legal separation is that a divorce cannot be granted for at least a year until after the legal separation has occurred....Read More

Normandin v. Normandin Questions Presented: Marital Dissolution. Restricted Stock Units. Trial court improperly classified restricted stock units (RSUs) as entirely nonmarital property. To appropriately classify such assets the trial court applies a presumption that the RSUs are earned over the period between grant and vesting, and the proportion of RSUs acquired for purposes of marital...Read More

Com., Cabinet for Health and Family Services v. J.M.A. Jefferson Circuit Court Alleging abuse and neglect of Older Daughter, the Cabinet for Health and Family Services (“the Cabinet”) filed a dependency, neglect, and abuse (“DNA”) petition against Mother. Family Court placed Older Daughter in Maternal Grandmother’s custody, ordering Mother to complete several treatments, maintain sobriety,...Read More

S.R.V. v. J.S.B. Livingston Circuit Court The parties married in 2008 and divorced in July 2014. After divorce, they reconciled and began living together again but never remarried. In December 2014, S.R.V. gave birth to Older Child. In August 2016, she gave birth to Younger Child. J.S.B. helped raise the children. In February 2018, the...Read More

In Kentucky, child support is calculated using the statutory guidelines provided in KRS 403.212. These guidelines consider the monthly gross income of both parents, the number of children in common between the parents, and the costs of any childcare and healthcare expenses for the children. Although you and your co-worker have the same income, your...Read More

Cabinet for Health and Family Services, Com. v. K.S. Questions Presented: Dependency, Neglect and Abuse. Due Process. KRS 31.110(1)(b). Funding for Expert Assistance. Considering whether expert assistance must be provided to indigent parties in dependency, neglect and abuse cases, KRS 31.110(1)(b) does not so entitle an indigent parent to state funded assistance. However, under certain...Read More

Gonzalez v. Dooley Warren Circuit Court Before Wife petitioned for divorce, Husband and Child relocated to Kansas City, Kansas, where Husband’s parents lived. Wife contended that Husband did not consult her about the relocation but rather that Husband had sent her a text message that he was going to look for employment and would return...Read More

S.B. v. Cabinet for Health and Family Services, Com. Jefferson Family Court After cannabinoids and opiates were detected in Child’s system after birth, the Cabinet for Health and Family Services (“the Cabinet”) filed a dependency, neglect, and abuse petition, resulting in Family Court ordering a treatment plan for her parents. Mother soon after died, and...Read More

McCain v. McCarty Daviess Family Court Parties were granted joint custody of their three minor children, and Father was required to pay $158.17 per week in child support and to maintain the children on his health insurance plan. Several years later, Mother moved to hold Father in contempt for failure to pay child support. At...Read More

Carver v. Carver Boyd Circuit Court After a hearing on Father’s motion to modify custody from joint custody to sole custody, the Domestic Relations Commissioner (“DRC”) recommended that the parents continue to have joint custody; that Father be designated as the primary residential parent; and that Father make all decisions concerning Child’s medical and educational...Read More