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Divorce Law Journal 
Divorce and family law info for professionals in Kentucky and beyond.
Post Frequency: 5.4/day Last Entry: March 28, 2011 at 14:10:35 Recent Entries: 367
By Diana L. Skaggs, Esq.
Go to Divorce Law Journal, find other Family Law blogs, or browse all law blogs.
One To Be Published COA Opinion Rendered Today
Posted on July 02, 2009Stipp v. St. Charles, re venue, division of marital property, maintenance. Digest to follow.
Holland v. Holland, Motion Required Before Child Support May Be Modified
Posted on June 22, 2009Holland v. Holland, __ S.W.3d __ (Ky. App. 2009), 2008-CA-002115-ME At the time the parties divorced in 2007, the father was living in Hardin County, Kentucky and the mother was living in Jefferson County, Kentucky. The trial court entered an order outlining various contingencies regarding parenting time and child support...
Holland v. Holland, Motion Required Before Child Support May Be Modified
Posted on June 22, 2009Holland v. Holland, __ S.W.3d __ (Ky. App. 2009), 2008-CA-002115-ME At the time the parties divorced in 2007, the father was living in Hardin County, Kentucky and the mother was living in Jefferson County, Kentucky. The trial court entered an order outlining various contingencies regarding parenting time and child support...
Ky COA Decides Child Support Modification Case Today
Posted on June 19, 2009Holland v. Holland, digest to follow.
Howard v. Howard, Ky COA, Child Support Modification, Discharge Of Debt In Bankruptcy
Posted on June 16, 2009HOWARD V. HOWARD CHILD SUPPORT MODIFICATION; DISCHARGE OF MARITAL DEBT IN BANKRUPTCY TO BE PUBLISHED: AFFIRMED PANEL: SENIOR JUDGE LAMBERT PRESIDING; CLAYTON AND THOMPSON CONCUR COUNTY: LAUREL DATE RENDERED: 6/12/2009 Dad appealed TC?s finding that he was voluntarily underemployed and corollary order denying his motion for modification of child support, as well as TC?s finding that Dad was in contempt for his failure to pay a deficiency judgment related to a marital debt...
Howard v. Howard, Ky COA, Child Support Modification, Discharge Of Debt In Bankruptcy
Posted on June 16, 2009HOWARD V. HOWARD CHILD SUPPORT MODIFICATION; DISCHARGE OF MARITAL DEBT IN BANKRUPTCY TO BE PUBLISHED: AFFIRMED PANEL: SENIOR JUDGE LAMBERT PRESIDING; CLAYTON AND THOMPSON CONCUR COUNTY: LAUREL DATE RENDERED: 6/12/2009 Dad appealed TC?s finding that he was voluntarily underemployed and corollary order denying his motion for modification of child support, as well as TC?s finding that Dad was in contempt for his failure to pay a deficiency judgment related to a marital debt...
One To Be Published Family Law Opinion Issued By Ky COA June 12, 2009
Posted on June 14, 2009Howard v. Howard The issues presented here are whether the trial court was clearly erroneous in its determination that Appellant was voluntarily underemployed, thereby justifying the trial court?s refusal to modify its prior child support order; and whether the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, 11 U...
Kessler v. Switzer, Ky COA, No Hearing Required For Extension of DVO
Posted on June 10, 2009Kessler v. Switzer, __ S.W.3d __ (Ky. App. 2009); 2008-CA-002083-ME Switzer filed a motion to extend a domestic violence order (DVO) and attached an affidavit stating that she had filed charges against Kessler for violation of the DVO and that she was still in fear of Kessler...
Lichtenstein v. Barbanel, Child Support Enforcement
Posted on June 10, 2009Since the Kentucky Supreme Court has accepted discretionary review, here is a digest of the Court of Appeals Opinion: LICHTENSTEIN V. BARBANEL CHILD SUPPORT ENFORCEMENT 2007-CA-000509 NOT TO BE PUBLISHED: AFFIRMED PANEL: VANMETER PRESIDING; CLAYTON AND SPECIAL JUDGE KNOPF CONCUR COUNTY: JEFFERSON DATE RENDERED: 8/15/2008 Dad appealed TC?s entry of two income withholding orders, primarily arguing that TC had not resolved child support issue prior to entry of the Orders...
Kessler v. Switzer, Ky COA, No Hearing Required For Extension of DVO
Posted on June 10, 2009Kessler v. Switzer, __ S.W.3d __ (Ky. App. 2009); 2008-CA-002083-ME Switzer filed a motion to extend a domestic violence order (DVO) and attached an affidavit stating that she had filed charges against Kessler for violation of the DVO and that she was still in fear of Kessler...
Lichtenstein v. Barbanel, Child Support Enforcement
Posted on June 10, 2009Since the Kentucky Supreme Court has accepted discretionary review, here is a digest of the Court of Appeals Opinion: LICHTENSTEIN V. BARBANEL CHILD SUPPORT ENFORCEMENT 2007-CA-000509 NOT TO BE PUBLISHED: AFFIRMED PANEL: VANMETER PRESIDING; CLAYTON AND SPECIAL JUDGE KNOPF CONCUR COUNTY: JEFFERSON DATE RENDERED: 8/15/2008 Dad appealed TC?s entry of two income withholding orders, primarily arguing that TC had not resolved child support issue prior to entry of the Orders...
Gaskill v. Robbins Now Final
Posted on May 21, 2009Here is the final opinion, which was not modified.
Discretionary Review Granted In Lichtenstein v. Barbanel
Posted on May 21, 2009The Kentucky Supreme Court granted discretionary review in Lichenstein v. Barbanel, a child support enforcement case. The Court of Appeals opinion was designated not to be published. We will digest that opinion soon.
Discretionary Review Granted In Lichtenstein v. Barbanel
Posted on May 21, 2009The Kentucky Supreme Court granted discretionary review in Lichenstein v. Barbanel, a child support enforcement case. The Court of Appeals opinion was designated not to be published. We will digest that opinion soon.
Nelson v. Nelson, Ky COA, Support For Adult Dependant Child
Posted on May 18, 2009Nelson v. Nelson, __ S.W.3d __ (Ky. App. 2009); 2008-CA-001861-ME The parties divorced in 2004. Their property settlement agreement provided that the mother would not request financial assistance from the father for their adult dependent daughter for a period of two years...
Ky COA Publishes One Family Law Decision Yesterday
Posted on May 16, 2009Nelson v. Nelson, support of adult child. Digest to follow
Conn v. Ingram, Ky COA, Adult Adoption, Residency
Posted on April 28, 2009CONN v. INGRAM ADOPTION RESIDENCY REQUIREMENTS 2007-CA-002255 PUBLISHED: AFFIRMED PANEL: NICKELL PRESIDING; CAPERTON AND KELLER CONCUR COUNTY: MENIFEE DATE RENDERED: 4/24/2009 Dad appealed from TC order dismissing his petition to adopt his adult natural born Daughter because he failed to satisfy the residency requirement stated in KRS 199...
Conn v. Ingram, Ky COA, Adult Adoption, Residency
Posted on April 28, 2009CONN v. INGRAM ADOPTION RESIDENCY REQUIREMENTS 2007-CA-002255 PUBLISHED: AFFIRMED PANEL: NICKELL PRESIDING; CAPERTON AND KELLER CONCUR COUNTY: MENIFEE DATE RENDERED: 4/24/2009 Dad appealed from TC order dismissing his petition to adopt his adult natural born Daughter because he failed to satisfy the residency requirement stated in KRS 199...
New Ky Ethics Rules Online
Posted on April 24, 2009Here is the link to the sweeping new ethical rules issued by the Kentucky Supreme Court last week. We all will have to study them carefully. They become effective July 15, 2009.
One Ky Court of Appeals To Be Published Family Law Opinion Today
Posted on April 24, 2009Conn v. Ingram, affirmed order dismissing petition to adopt adult because petitioner failed to meet residency requirement of KRS 199.470(1). A digest will follow.
Ky Supreme Court Minutes Yesterday
Posted on April 24, 2009No family law to be published opinions were released, but discretionary review was granted in Commonwealth, Cabinet for Health and Family Services, v. L.J.P., et al. A digest of the court of appeals opinion and link to the decision is here. Briefing will be expedited and oral arguments will be held August 12, 2009 at 11 a...
Ky Supreme Court Minutes Yesterday
Posted on April 24, 2009No family law to be published opinions were released, but discretionary review was granted in Commonwealth, Cabinet for Health and Family Services, v. L.J.P., et al. A digest of the court of appeals opinion and link to the decision is here. Briefing will be expedited and oral arguments will be held August 12, 2009 at 11 a...
J.G. v. J.C., Ky COA, Defacto Custodian
Posted on April 07, 2009J.G. v. J. C. , __ S.W.3d __ (Ky. App. 2009), 2008-CA-1023 Parents appeal the judgment holding that the grandparents are the de facto custodians of S.G. The parents have three other children, all of whom had been previously removed. Due to previous issues, social services placed S...
New Ky Civil Rules Re Subpoenas and Privacy Protections
Posted on March 24, 2009The new CR 7.03 providing privacy protections and the new CR 45.01-45.05 are here. The revised subpoena form is here. All are effective April 1, 2009. These changes are very significant.
Kentucky Supreme Court Oral Family Law Arguments Scheduled
Posted on March 24, 2009Discretionary review was granted in Mullins v. Picklesimer, (child custody, lesbian partner of biological mother). The Court of Appeals opinion is here and our digest is here. Oral argument will be held April 15, 2009 at 9:00 a.m. Discretionary review was also granted in Mauldin v...
Hold Your Horses; Gaskill v. Robbins Not Yet Final
Posted on March 20, 2009The landmark goodwill case in divorce business valuations, Gaskill v. Robbins, rendered February 19, 2009 is not yet final. A petition for rehearing is pending.
2009 Family Law Legislation Pending
Posted on March 20, 2009I thought all proposed family law legislation was dead this session, but learned of the following two bills yesterday evening at the Family Law Forum hosted by the Jefferson Family Court Judges: HB 489, Amending KRS 403.211 to define "appropriate health care insurance coverage" as "accessible", "comprehensive", and "reasonable in cost; define "cash medical support"; require the court to determine if medical support for the child is available; require the court to order the parent to obtain or maintain coverage; change the term noncustodial parent to obligated parent...
Repairs
Posted on March 17, 2009If you subscribe to this blog by email, it may appear we had a posting frenzy today. We finally found time to figure out and correct the formatting on some prior posts, so many recent ones with no paragraphs were simply reposted. Problem solved!
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Is a child fathered out of wedlock by an American diplomat to a foreign women on foreign soil entitled to US Citizenship by jus sanguinis?
This is a very tough situation your friend is in. It is difficult to know the ex...
He is a very smart man who is always looking for ways around things. The judge granted our divorce for December 12,2007, and my ex-husband told me that he just got married just before Thanksgiving. He is a student at Cal
i can answer that for you. with all due respect. better your own life just as i ...
This case is regarding a case settlement from a divorce in 1990 and turned into an estate matter. The attorney I hired was to charge the estate for his legal fees in which I understood was legal. after the court settleme
American Bar Association...
Must I refinance my house aftering taking full ownership after a divorce via a quit claim?
When financing there are at least two documents...the mortgage and the note. The...
My exwife got a judgement aganst me. years latter i remarried and bought a home i told my new wife that I was not sure about owning real property so soon . our realtor told us I could file a quick claim deed. i sign it t
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