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Trial Court Erred by Awarding 100% of Post-Separation Increases to Husband
Thielmeier v. Thielmeier Case No. 2021-SC-0532-DG Jefferson Circuit Court Opinion by Lambert Date Rendered: December 15, 2022 Issue: Whether the family court abused its discretion by awarding husband 100 percent of the amount by which two marital assets increased in value during the two-and-a-half-year period between the parties’ separation and the date of the decree…
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Kentucky Supreme Court Overturns Court of Appeal’s, Upholds Circuit Court’s Modification of Maintenance Based Upon Changed Circumstances and Award of Attorney Fees.
Mahl v. Mahl Case Nos. 2021-SC-0481-DG and 2021-SC-0487-DG Appeals from Jefferson Circuit Court Opinion by Bisig, Judge Date Rendered: April 27, 2023 Issue: Whether Substantial and Continuing Change in Circumstances existed Warranting Modification of Maintenance Award, and Whether Failure to Name Attorney as a Party to an Appeal of and Award of Attorney Fees could…
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Federal Law Prohibiting Individuals Subject to Domestic Violence Order from Receiving or Possessing Firearms Held Unconstitutional by U.S. District Court
United States v. Sherman Kelvin Combs U.S. District Court for the Eastern District of Kentucky Appeal filed on February 23, 2023 Family Court issued a Domestic Violence Order (“DVO”) against Combs after “a hearing of which he received actual notice” and “an opportunity to participate.” The DVO prohibited Combs from “harassing, stalking, or threatening an…
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Biological Father Entitled to Intervene in Dissolution of Marriage and Obtain Relief Under CR 60.02
Wood v. Critz NO. 2021-CA-0902-MR Simpson Family Court Decided by Clayton, Chief Judge; Cetrulo, and K. Thompson, Judges Opinion by Thompson, K., Judge Date Rendered: January 6, 2023 Issue: Whether biological father could intervene in a dissolution action post-judgment. In 2015, Mother became pregnant by Biological Father while married to Husband and child was…
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Family Court Must Presume IRS Rules Apply as to Dependency Exemptions
Bankston v. Mattingly NO. 2021-CA-1490-MR Marion Circuit Court Decided by Thompson, Chief Judge; Jones, and Karem, Judges Opinion by Jones, Judge Date Rendered: February 17, 2023 Issue: Whether minor child could be claimed on federal income tax returns on a rotating basis. Father and mother shared equal parenting time. Father paid child support as he…
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