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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.

Ideas: How to Make a Great Statewide Divorce Law Resource

We would love to have guest articles from financial experts and mental health professionals. Having guest submissions from divorce lawyers in northern, central, and western Kentucky and from our Louisville colleagues would also be a welcome resource. Send us your news, your hot tips, and insights from your professional realm as we build a blog for family lawyers that will help all of us serve our clients better. We will give you generous attribution and link to your webstie.

Collaborative Family Law in KY- A Look Back

A couple of years ago the Courier-Journal published a piece I wrote on the Kentucky Collaorative Family Law Network,as we prepared to transition to an interdisciplinary group. It gives a little perspective on where we were at the time and it's posted here. As we blog along, I'll update you as to where we are now and where we're headed.

Rodney P. v. Stacy B., 169 SW3d 834 (Ky., 2005)

Rodney P. v. Stacy B., 169 SW3d 834 (Ky., 2005)
Increase in obligor's income does not warrant increase in child
support where child is committed to the state. A parent cannot
be obligated to pay both the state for the support of a child and the
custodial parent. If the obligor becomes required to pay support to the
Department, the consequence would be conceptually the same as if the child
were in split custody. In that event, the trial court should calculate
child support to the custodial parent pursuant to KRS 403.212(6)-
Split Custody.

Mattingly v. Mattingly, 164 SW3d 518 (Ky.App., 2005)

Mattingly v. Mattingly, 164 SW3d 518 (Ky.App., 2005)
Obligation to pay college for a child over 18 was not dischargeable
in bankruptcy, even where mother failed to contest dischargeability
in Bankruptcy Court.

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