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Jones v. Livesay, published Ky Court of Appeals Opinion affirming last week

JONES V. LIVESAY

After dissolution of marriage proceeding, Wife appealed on four issues. The Court of Appeals begins with a lengthy discussion of substantial compliance because Wife failed to follow the Civil Rules.

 

First, Wife argues that “the visitation schedule is improper and should be set aside.” As she did not advance a substantive argument on this issue, the Court of Appeals does not address it pursuant to its holding in Milby v. Mears, 580 S.W.2d 724, 727 (Ky. App. 1979).

 

Allocation of dependent-child tax exemptions supported by sufficient findings, published opinion from Ky Court of Appeals

HILLARD V. KEATING

 

Mother and Father had significant post-decree litigation regarding child support, tax exemptions, and uncovered medical expenses which ultimately resulted in a ruling that modified the allocation of dependent-child tax exemptions allowing Father to claim two children. Mother appealed arguing that the Family Court erred in modifying the tax exemptions without making specific findings.

 

Ky Court of Appeals in a published opinion upholds DVO against mother for her boyfriend's abuse of child

DUNN V. THACKER

Family Court granted Father’s request for DVO against Mother on behalf of himself and child, after finding Mother’s boyfriend was a physical threat to child. Mother appealed arguing the DVO could not stand because it was her boyfriend, not Mother “who committed the alleged domestic violence against Child.”

 

Ky Court of Appeals in a published opinion vacates DVO against former husband for discarding abandoned property

MATEHUALA V. TORRES

Family Court entered a DVO against Husband citing Husband’s actions in discarding former Wife’s personal property from an abandoned trailer as support. Husband appealed arguing, “none of [former Wife’s] allegations rose to the level of domestic violence under the definition contained in KRS 403.270.” The Court of Appeals agreed holding that “no evidence of violence or harm was presented, nor was any testimony elicited regarding infliction of fear of imminent injury, abuse or assault.”

Employee forgivable loans; appreciation of nonmarital accounts;and minority discount - Divorce opinion from Ky Court of Appeals

COBANE V. COBANE

 

In a dissolution of marriage proceeding with complex assets, Husband appealed on a variety of asset classification, valuation, and division issues.

 

Defacto custodians - published opinion from Ky Court of Appeals

GARVIN V. KRIEGER, ET AL.

 

Paternal grandfather and his girlfriend were adjudged de facto custodians of minor child and were awarded sole permanent custody. Maternal grandmother was awarded grandparent visitation pursuant to KRS 405.021.

 

Grandparent visitation and particular-case jurisdiction - published opinion from Ky Court of Appeals

GOODLETT V. BRITTAIN, ET AL.

 

Father took custody of his two minor children after the death of mother. Maternal grandparents filed a Petition for grandparent visitation which was granted by the trial court.

 

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