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Fowler v. Sowers, 151 SW3d 357 (Ky.App., 2004)

Fowler v. Sowers, 151 SW3d 357 (Ky.App., 2004)
Although Fenwick was decided after the 2001 changes
to KRS 403.340, the Court acknowledged its decision was
based on the older version because that version was in effect
at the time of the entry of the order under review. A contemplated
move to Alaska three years after a divorce is a change in
circumstances contemplated by KRS 403.340.A trial court should
conduct a full evidentiary hearing on the motion weighing all the
factors now encompassed by KRS 403.340.

Calendar Tool for Children's Activites

Thanks to Rob Robertson of Austin, TX for his ABA Family Law listserve posting suggesting the use of a new beta google calendaring utility in which parents can share a calendar for each child's activites. The more parents can share information about their children, the better. And, when it is just too difficult to communicate with the other parent, perhaps tech tools like this can help.

KCFN: New 2006-2007 officers

The Kentucky Collaborative Family Network, Inc. (KCFN) elected its new officers for 2006-2007. Steven Kriegshaber of Conliffe, Sullivan and Sandmann will succeed Patricia Bennett of Smith Barney as President. Allison Johnson, LCSW was elected Vice President and John Walsh and Sandra G. Ragland were re-elected Treasurer and Secretary.

Value of Homemaker Services

Bonnie Brown, a Louisville attorney, AAML fellow and KCFN member, sent this article from the May 3, 2006  Boston Globe quantifying the value of homemaker services. While divorce does not directly provide a vehicle for compensating such services, we remind each other from time to time of a case where she made this argument as part of a spousal support claim.

Great Gathering of KY Blawgers

It was my great pleasure to host most of the other lawyers in KY with blogs for an evening of lively discussion. Mike Stevens, after noting that he had to be dragged out the door, said in a nice note, "Again, you do not know how much the warmth and fellowship was appreciated. This is the way law used to be practiced and it is in dire need of it now, else it will no longer be a profession and just a trade." Funny how high tech can bring out the old aspirations. Musing, long ago Justice Charles Leibson penned a handwritten note to me (which I treasure to this day) following an article in the newpaper in the early 1980's. It started, "What a joy to behold a kindred spirit." Well, I don't know what Charlie would say about the bloggers (well, maybe we all do, but we won't go there), but it was wonderful being with kindred spirits as we follow this path to who knows where.

BenCowgill (Ben Cowgill on Legal Ethics and SoloBlawg (be sure to check out Ben's national Blawg Review this week on his SoloBlawg site, which is incredibly well done) Mike Stevens (Kentucky Law Blog, Kentucky Cases and Louiville Law Wire), David Hoskins (Kentucky Employment Law) and Ed Brutscher (Kentucky Tort and Inurance Law) were there as was Michelle Eisenmenger Mapes. Mike has said he'd love to do it again at his place, but I think his wife, Diane, ought to have some say about this.

Divorce Lawyer Shopping- Dirty Tricks

We occasiionally see clients consulting divorce lawyers for the purpose of creating a conflict and thus limiting a spouse's choice of attorneys. That's one of the reasons we do not talk with prospective clients until we meet and why we charge our usual fee for an initial consultation. Apparently New Jersey has decided that a lawyer advising a client to create such conflicts of interest is unethical. Makes good sense. Here's Charlie Abut's article from his New Jersey Divorce Blog:

More on Investigation of Children Improperly Removed from Domestic Violence Victims


The Kentucky Office of Inspector General is investigating whether children whose mothers are domestic-violence victims, and others are being inappropriately removed from their families to increase state foster-care adoptions and federal financial bonuses. The matter is also under review by the Cabinet for Health and Family Services, by various grass-roots organizations and, most recently, by Gov.

Gomez v. Gomez, 168 SW3d 51 (KY. App., 2005)

Gomez v. Gomez, 168 SW3d 51 (KY. App., 2005)
Hospital based medical practice valuation which included
no goodwill value was reluctantly affirmed because, while
capitalization of excess earnings method is an acceptable
approach, the trial court is not required to use this method
and trial court ruling as to valuation will not be disturbed
unless clearly contrary to the evidence submitted. The
Court of Appeals reversed the maintenance award ($5,000
per month for three years + $2,424 per month for first and
second mortgages where husband grossed $600,000) to
$800,000 per year. Assignment of $52,000 credit card debt to
wife was also reversed because at least $18,000 of the debt
was for two rugs, of which the husband received one and the
debt was in the husband's name. The Court of Appeals also
reversed the attorney fee award of only 22% of wife's attorney
fees as the trial court did not enumerate any of the factors set
out in Sexton v. Sexton.

Intro to Business Valuation

The April ABA e-news has a general posting about business valuations. I had no idea how "young" this sub-specialty is. If you are new to this area of divorce law, this article will untangle the alphabet soup. This is an area of family law that is near and dear to my heart. Stay tuned for much more posting about this field, including some discussion of "can bad accounting be good law?"

Divorce Lawyers as Objects of Violence

Law.com reports this month self-protective tips divorce lawyers can use to protect themselves from violence, which is important considering the stats that 60% of divorce lawyers have been threatened by adverse parties. It reprints an excellent article from The Matrimonial Strategist and links to the subsciption section of that publication.

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