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Where parent never had exercised custodial control nor directly endangered the child it was error to find child was neglected

Published Opinion from Ky Court of Appeals:

 C.B. V. CABINET FOR HEALTH AND FAMILY SERVICES, COMMONWEALTH OF KENTUCKY, ET AL.

The trial court found that Child was neglected by the Father, although Father had sought drug treatment, ceased drug use, followed his case plan, and obtained employment.

Unvested Restricted Stock Units and double dipping for support- Ky Court of Appeals published divorce opinion

DUFFY V. DUFFY

Trial court found unvested RSUs were marital property subject to division, although Husband forfeited his right to the RSUs during the dissolution proceedings by leaving his employer two months before the RSUs vested. The trial court did not count the RSU income in setting Husband’s gross income calculation for child support.

 

Contingent fee contracts are marital property to be divided using delayed division method - Ky Supreme Court Published Opinion

GRASCH V. GRASCH

At the time of dissolution, Husband had an active law practice in which he had executed contingent-fee contracts with some clients. The trial court treated the contingent-fee contracts as a component of Husband’s income when received and not as property. The Court of Appeals agreed. The Supreme Court accepted discretionary review.

Priest 2 - military retirement - family law published opinion from Ky Court of Appeals

PRIEST V. PRIEST

The Court of Appeals previously ruled in this case (Priest v. Priest, No. 2014-CA-000148-MR) holding Wife’s share of Husband’s military retirement “should be calculated based upon the DFSA, Section IV(c) as outlined in Poe v. Poe. 711 S.W.2d 849, 850 (Ky. App. 1986). The family court divided the military retirement benefit utilizing the hypothetical award formula set out in DFSA IV(c) pursuant to Poe. Wife again appealed arguing the family court incorrectly applied the DFSA formula.

Payment of mortgage in lieu of support - doctrine of estoppel by acquiescense - published opinion from Ky Court of Appeals

DIXON V. DIXON

Parties entered into a marital settlement agreement requiring husband to make payments for maintenance and child support. Instead, husband paid wife’s mortgage which was in excess of his child support and maintenance obligations. Wife objected but did not request a hearing on the issue for two years, which was more than a year after payments stopped. The family court, applying the doctrine of latches, found that Wife had “failed to consistently pursue her claim” and therefore no arrearages were due.

The Ky Court of Appeals has two openings for staff attorneys - October 16 deadline for application

The Kentucky Court of Appeals has asked us to post the two openings they have for staff attorneys.

Here are the details:

COA STAFF ATTORNEY - NT

JOB CODE : 89140V001504

TITLE : COA STAFF ATTORNEY - NT

DEPARTMENT : KENTUCKY COURT OF APPEALS

GRADE : 15

SALARY : $42,500.16 - $56,100.00 (MIN TO MAX ANNUAL SALARY RANGE)

TENURED : NO

LOCATION : Franklin

TYPE : State Funded Full-time

Post ID : 4825 Position # : 30000930

COUNTY WORKSTATION : Franklin

JOB SPECIFICATION REPORT

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