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Wright v. Wright and Fraley v. Fraley, 181 SW3d 49, (Ky.App., 2005)

Wright v. Wright and Fraley v. Fraley, 181 SW3d 49
(Ky.App., 2005)
A full evidentiary hearing must be afforded by the
Court before entering or denying a DVO.

Stratton v. Commonwealth of Kentucky, 182 SW3d 516 (Ky., 2006)

Stratton v. Commonwealth of Kentucky, 182 SW3d 516
(Ky., 2006)
Actions of Cabinet for Families and Children in investigating
allegations of child abuse are discretionary, therefore, Cabinet
has immunity from negligence claims.

Wheeler v. Wheeler, 154 SW3 291 (Ky.App., 2005)

Wheeler v. Wheeler, 154 SW3 291 (Ky.App., 2005)
Where first maintenance modification motion was denied,
and no modification resulted, the trial court must look at change
of circumstances since the original agreement or decree.
Res judica does not preclude the court from looking at facts and circumstances
occurring prior to the first motion for modification when no
modification was granted. In modifying an agreement
that is subject to further orders of court, the court must
examine the factors set out in Combs v. Combs to determine
whether cohabitation justifies a reduction in maintenance.

Blitz of Final Decisions with SW3d Cites

We have been slowly doling out the final KY decisions of the last year as we build our online database, so we can keep the blawg interesting with other material. Now we're ready to move on to the latest and greatest, so you will see a blitz of the final decisions of the last year over the weekend. Stay tuned to Michael Steven's KyCases and KentuckyLawBlog for cases as they are decided. There is often a long lag before cases become final, because of motions for rehearing or discretionary review.

Jeffrey v. Jeffrey, 153 SW3d 849 (Ky.App., 2005)

Jeffrey v. Jeffrey, 153 SW3d 849 (Ky.App., 2005)
KRS 454.220, enacted in 1992, supersedes prior case law
and permits a divorce court in Kentucky to assert long arm
jurisdiction to distribute marital property, wherever located,
and to set spousal support where Kentucky was the matrimonial
domicile and the action was filed within one year of the date the
respondent became a non-resident of Kentucky.

Helping Parents Reduce the Conflict; An Interesting Resourse

There is an online site to help parents eliminate the conflict and put their children's interest first, Up To Parents. Looks like these folks have the right idea! Michelle Eisenmenger Mapes learned of this resource on the Indiana Bar listserve.

Waiver of Tax Advice in Agreements?

The Tax Code is law. We are lawyers. Why, then, do we see so many agreements that say "The parties acknowledge that their attorneys have not provided any tax advice, blah, blah, blah?" Yes, it is an attempt at an exculpatory clause for the attorneys. However, did you know that such language could be used to preclude your client from tax deducting legal fees in the instances where fees are tax deductible in divorce? We learned tax law in law school. It was on the bar exam.

Need Research or a Brief, but are Understaffed ?

Several Kentucky divorce attorneys, including yours truly, have used Laura (the "goddess") Morgan's Family Law Consulting Service. She has been so generous with her time coming to KY to teach at our seminars, meeting with our Child Support Commission, answering our telephone questions, and magically appearing with "white papers" at precisely the right time, that I am pleased to spread the word that she provides a great brief writing and legal research service. Her website lists what others say about her...

Parent-Child Speech Restrictions; Will Best Interests Withstand Constitutional Challenge?

Eugene Volokh, a professor at UCLA School of Law, a prolific writer, and in a former life a law clerk to Justice Sandra Day O'Connor, will publish this month a significant piece of legal scholarship, Parent-Child Speech Restricitons. I am please to have his permission to link to the draft.

Hollbrook v. Hollbrook, 151 SW3d 825 (Ky.App., 2005)

Hollbrook v. Hollbrook, 151 SW3d 825 (Ky.App., 2005)
Where wife did not file a complaint in Bankruptcy Court,
the Court did not have jurisdiction to reverse the order of
the Bankruptcy Court discharging husband's debt to wife
arising from pension benefits he received prior to entry
and acceptance of QDROs.

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