Divorce Law Journal

Published Cases

Michael Stevens'  KentuckyLawBlog, KyCases, and LouisvilleLawWire have been of enormous help to the bar, providing a much needed  (and free!) service of publicizing appellate opinions. We all owe him a big thanks. This blog will not duplicate his efforts. We are working on a grouping of published family law cases which we will keep updated as the opinions become final. For example, the Kentucky Court of Appeals has rendered two important family law opinions within the year, neither of which are yet final. On March 15, 2006 the Kentucky Supreme Court granted discretionary review of Gripshover v. Gripshover, 2005WL1993603 and a motion for rehearing is pending in Smith v. Smith, 2006WL140577. What we hope to provide is an up-to-date listing of published family law cases that are final with SW3d cites. We hope to post the list covering about 16 months by mid-April and will keep it updated from then on.

Govenor Vetoes Change Relating to Child Support for Disabled Adult Children

After overwhelming passage in the house and senate, Gov. Fletcher vetoed today HB 204 which would  have provided that child support of a child found by the court to be disabled does not terminate at age 19 until the court determines otherwise.This would not have been much change in the law. However,  an amendment prohibited the continuation of child support beyond the age of 25.

Reporting of Certain Income to Child Support Authorities

HB 155 was passed and signed by Gov. Fletcher March 18, 2006. It requires employers of more than 20 persons to notify the Cabinet for Families and Children 45 days before a lump sum payment of $150 or more (or as soon as the decision to make such payment, if fewer than 45 days) is made and to hold the payment for 30 days after the date it would otherwise be paid. Upon motion, the court may direct that all or a specified part be paid to the Division of Child Support. Presumably the section applies only to employees who are subject to a wage assignment order for child support. For full text: http://www.kentuckyvotes.org/2005-HB-155

Men's Rights Group files challenge to child support laws as violation of reproductive freedom

Talk about innovative arguments! Here's the story: http://www.kaisernetwork.org/daily_reports/rep_index.cfm?DR_ID=35924

For another story on this reverse Roe v. Wade case: http://www.chicagotribune.com/news/nationworld/chi-0603100166mar10,1,1462426.story?coll=chi-newsnationworld-hed&ctrack=1&cset=true

Same Sex Custody Case in Supreme Court

The Kentucky Supreme Court has under submission a custody case involving same sex parents. Discretionary review of B.F. v. T.D. http://opinions.kycourts.net/COA/2004-CA-000083.pdf. was granted 11/16/05. The respondent  is represented by Franklin Jewell, a candidate for circuit Judge. Movant is represented by Bryan Gatewood and Courtney Joslin, pro hac vice. Ms. Joslin is associated with the National Center for Lesbian Rignts. After failing to conceive a child through artificial insemination, the committed couple adopted M.D., but because Kentucky law does not permit joint adoption by same-sex couples, only T.D. adopted the child. Even though B.F. was the child's primary financial provider, the Court of Appeals affirmed Judge Kevin Garvey's decision that she did not have standing to assert custody becasue she was only one of two caregivers and only a primary caregive has standing as a defacto custodian. Oddly, the court of appeals identifeid the parties only by initials because it is a child custody case. The supreme court has accelerated the case. It has been fully briefed and oral arguments have already been held. Justice Johnstone's monthly reports in the Louisville Bar Association Bar Briefs of cases that had been accepted for discretionary review did not mention this case. I found it quite by accident preparing for the LBA Annual Domestic Relations seminar.

Military Pension Division

Here's a new and helpful guide to military pension division:http://www.dod.mil/dfas/militarypay/garnishment/Speech5.pdf 

Virtual Visitation

When geogrphy prevents frequent parenting time, virtual visitation is an option. For a CNN report, http://www.cnn.com/2006/TECH/02/28/virtual.visitation.ap/index.html

AAML Membership

The Exeutive Committee of the American Academy of Matrimonial Lawyers will be hosting a coctail party at the Brown Hotel for propective members Friday, April 21,2006. If you are attending the AAML/LBA seminar you can rsvp when you register. For information on qualifications for membership and more info about the Academy go to www.aaml.org.

Justice Graves Exits Supreme Court Race

             Justice J. William Graves' withdrawal from the Kentucky Supreme Court race is yet another sad consequence of our insistence on electing our judiciary rather than appointing judges.  While I wholeheartedly agree with today's Courier Journal editorial comments which foresee a disservice and decline for the cause of justice, it overlooked the issue of attorney contributions to judicial races.  While contributions by lawyers to the campaigns of judges before whom they practice have no disciplinary consequences, they certainly can undermine the public confidence in our judicial system.  We often speak of avoiding appearances of impropriety, yet I can think of few matters which would appear more improper to a litigant than to note on the web pages of the Kentucky Registry of Election Finance the fact that the lawyer for his opposing party has contributed heavily to the campaign of the judge before whom he must appear.

            Over the last two decades, from time to time, we have debated in depth the best ways to obtain and maintain an objective and impartial judiciary. I cannot say that I ever witnessed favoritism to an opposing lawyer who contributed generously to a judicial campaign.  Nevertheless,  the public perception is tarnished by such practices.  In addition to addressing the concerns mentioned in the Courier Journal editorial of negative advertising, special interest groups funding and exploiting controversial issues, and aggressive fund raising, I think it is time we revisit appointing our judges rather than subjecting them to the elective process.

Pro Se Docket Division 10

Judge Sherlock's family court pro se docket is up and running on Tuesdays at 4pm. Volunteer mediators can call Sarah Carigainis, 595-3326 for more information on participating.

Save The Date AAML/LBA Annual Seminar

On April 20 and April 21, 2006 the Kentucky chapter of the American Academy of Matrimonial Lawyers and the Louisville Bar Association are hosting their annual seminar at the LBA in Louisville.

Download 2006Brochure.PDF (3473.5K)