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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.

B.C. v. B.T. and K.F., Joint Custodians of N.C., 182 SW3d 213, (Ky.App., 2005)

B.C. v. B.T. and K.F., Joint Custodians of N.C.,
182 SW3d 213, (Ky.App., 2005)
Appeal to Court of Appeals proper since Circuit had a
Family Court. Evidence was sufficient to establish father as
unfit, although such finding was unnecessary as grandmother
was found to be a de facto custodian and, thus, had equal
footing with father and the Court need only consider the
best interest of the child in making permanent custody award.

More on RSS feeds from Ben Cowgill

Today on Ben Cowgill’s SoloBlawg he links to a nice tutorial on RSS feeds. FeedDemon is easy, and I also recommend it. When you subscribe to RSS feeds, you can check all your favorite news and blog updates at leisure, and all in one place. Set up a news aggregator such as FeedDemon, then link to our RSS feed by simply following the orange button in the middle of the right sidebar.

Clark v. Com., Cabinet for Health and Family Services, 170 SW3d 426 (Ky.App., 2005)

Clark v. Com., Cabinet for Health and Family Services,
170 SW3d 426 (Ky.App., 2005)
Premature notice of appeal from an intermediate order may
proceed even though a second notice of appeal was not filed
from the final order.

Thorn v. Commonwealth of Kentucky and Shirley Robinson, 181 SW3d 560 (Ky.App., 2005)

Thorn v. Commonwealth of Kentucky and Shirley Robinson,
181 SW3d 560 (Ky.App., 2005)
Appeals from Family Court are to be taken to Court of Appeals.

Appeals from Family Court are to be taken to Court of Appeals. KRS 620.155 is
intended for use in counties that do not have a family court. When two statutes are in conflict, they are to be construed to give meaning to both.

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