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KRS 403.220 Preempts CR 69 Offer of Judgment Rule
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Picard v. Knight 2023-SC-0043-DG Pulaski Circuit Court Kentucky Supreme Court Opinion by Justice Thompson Date Rendered: October 24, 2024 Issue: Whether an offer of judgment pursuant to CR 68 is permissible in a family law matter. Mother and Father litigated multiple issues including child support related to a shared child. Subsequent to a hearing and…
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Kentucky Follows Objective Method in Determining Temporary Absence from State Under UCCJEA
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Aldava v. Johnson Case No. 2023-SC-0251-MR Jefferson Family Court Opinion by Chief Justice VanMeter Date Rendered: March 14, 2024 Issue: Whether Kentucky or Texas had jurisdiction over child custody action, and whether child living for months in a third state for the fatherโs job constituted a โtemporary absenceโ under UCCJEA for jurisdiction purposes. Child was…
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Notice of Appeal Cannot be Electronically Filed in Termination of Parental Rights (โTPRโ) Cases.
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CHFS v. D.W. Case No. 2022-SC-0521-DGE Jefferson Family Court Opinion by Justice Conley Date Rendered: December 14, 2023 Issue: Whether electronically filed notice of appeal in termination of parental rights matter is timely when it was filed in the incorrect matter. On July 20, 2021, the Family Court issued a written final order terminating the…
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Trial Court Erred by Awarding 100% of Post-Separation Increases to Husband
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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 partiesโ separation and the date of the decree…
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Kentucky Supreme Court Overturns Court of Appealโs, Upholds Circuit Courtโs Modification of Maintenance Based Upon Changed Circumstances and Award of Attorney Fees.
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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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