Test Kentucky Divorce Law

Divorce Lawyers as Objects of Violence

Law.com reports this month self-protective tips divorce lawyers can use to protect themselves from violence, which is important considering the stats that 60% of divorce lawyers have been threatened by adverse parties. It reprints an excellent article from The Matrimonial Strategist and links to the subsciption section of that publication.

Collaborative Family Law in KY- A Look Back

A couple of years ago the Courier-Journal published a piece I wrote on the Kentucky Collaorative Family Law Network,as we prepared to transition to an interdisciplinary group. It gives a little perspective on where we were at the time and it's posted here. As we blog along, I'll update you as to where we are now and where we're headed.

Ideas: How to Make a Great Statewide Divorce Law Resource

We would love to have guest articles from financial experts and mental health professionals. Having guest submissions from divorce lawyers in northern, central, and western Kentucky and from our Louisville colleagues would also be a welcome resource. Send us your news, your hot tips, and insights from your professional realm as we build a blog for family lawyers that will help all of us serve our clients better. We will give you generous attribution and link to your webstie. The result will also hopefully become a resource where we have loads of family law practice aids archived at our fingertips.

Rodney P. v. Stacy B., 169 SW3d 834 (Ky., 2005)

Rodney P. v. Stacy B., 169 SW3d 834 (Ky., 2005)
Increase in obligor's income does not warrant increase in child
support where child is committed to the state. A parent cannot
be obligated to pay both the state for the support of a child and the
custodial parent. If the obligor becomes required to pay support to the
Department, the consequence would be conceptually the same as if the child
were in split custody. In that event, the trial court should calculate
child support to the custodial parent pursuant to KRS 403.212(6)-
Split Custody.

Mattingly v. Mattingly, 164 SW3d 518 (Ky.App., 2005)

Mattingly v. Mattingly, 164 SW3d 518 (Ky.App., 2005)
Obligation to pay college for a child over 18 was not dischargeable
in bankruptcy, even where mother failed to contest dischargeability
in Bankruptcy Court.

Father's obligation under Settlement Agreement to pay children's college expenses was not dischargeable in bankruptcy. KRS 405-020(1) did not preclude trial court from finding that father's obligation to pay for children's college expenses under Divorce Decree was in the nature of support, as parties are free to "agree otherwise" in writing. Nor does the mother's failure to challenge the discharge of the debt in the bankruptcy proceedings preclude her from bringing a claim in Family Court. Both state courts and federal courts have jurisdiction to determine dischargeability of an obligation.

Reinle v. Com., 170 SW3d 417 (Ky. App., 2005)

Reinle v. Com., 170 SW3d 417 (Ky. App., 2005)
Trial court erred in holding real estate sales proceeds for an
incarcerated child support obligor to be held by Master
Commissioner to be applied to future child support payments.
Equitable remedies are inapplicable when there is a plain,
adequate legal remedy, which exits under KRS 387.290(1) under
which a curator of the estate of a prisoner may be appointed to
provide for the support of the family and education of the children
of the convict.

Thompson v. Thompson, 172 SW3d 379 (Ky. 2005)

Thompson v. Thompson, 172 SW3d 379 (Ky. 2005)
Child support accrues as each installment becomes due and such
fixed, liquidated debt is not subject to retroactive modification.

Combs v. Daugherty and Jennifer Combs, Real Party in Interest,170 SW3d 424 (Ky.App., 2005)

Combs v. Daugherty and Jennifer Combs, Real Party in Interest,
170 SW3d 424 (Ky.App., 2005)
Discovery from child support obligor for purpose of recalculating
child support is not permitted until a motion for modification of
support is filed.

Discovery from child support obligor for purpose of recalculating child support subsequent divorce decree is not permitted until a motion for modification of support is filed. CR 76.36(4) Motion for Intermediate Relief seeking a stay of enforcement of an Order Compelling Discovery, which provided a warrant of arrest would issue if the discovery was not produced, was granted.

ED v. Commonwealth of Kentucky and Cabinet for Health and Family Services, 152 SW3d 261 (Ky.App., 2004)

ED v. Commonwealth of Kentucky and Cabinet for Health and
Family Services, 152 SW3d 261 (Ky.App., 2004)
District Court order permitting grandparent to visit during parents'
visitation time was insufficient to entitle grandmother to visitation
after parental rights of parents were terminated. Statute governing
grandparent visitation requires a visitation order issued by Circuit
Court prior to the termination of parental rights.

Statute granting grandparent visitation requires a visitation order issued by Circuit Court prior to the termination of parental rights of grandparents' son or daughter to protect grandparent visitation rights with the children of that son or daughter. A District Court order establishing the number of hours of visitation that parents could have with their children in state custody and providing that grandparents may visit the children during this time was not sufficient to serve as a basis for maternal grandmother to have visitation with the children upon termination of the parents' parental rights. This order did not give grandparents visitation independent of the parents nor specify visitation rights for the grandmother, and there was no indication that court was aware of the maternal grandmother or her fitness for visitation.

Just Becasue Your PI Finds the Goods Doesn't Mean You Won't Be In Trouble

The Family Law Professor's Blog reported on this case today following yet another N.Y. Times article. Detective Anthony Pellicano was indicted in February following a long investigation which is including more than one divorce lawyer in its net. One of the allegations is that the lawyer received wiretapping information from the detective. Moral of the story: Don't let your P.I. do anything you couldn't ethically do yourself.