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Reinle v. Com., 170 SW3d 417 (Ky. App., 2005)

Reinle v. Com., 170 SW3d 417 (Ky. App., 2005)
Trial court erred in holding real estate sales proceeds for an
incarcerated child support obligor to be held by Master
Commissioner to be applied to future child support payments.
Equitable remedies are inapplicable when there is a plain,
adequate legal remedy, which exits under KRS 387.290(1) under
which a curator of the estate of a prisoner may be appointed to
provide for the support of the family and education of the children
of the convict.

Just Becasue Your PI Finds the Goods Doesn't Mean You Won't Be In Trouble

The Family Law Professor's Blog reported on this case today following yet another N.Y. Times article. Detective Anthony Pellicano was indicted in February following a long investigation which is including more than one divorce lawyer in its net. One of the allegations is that the lawyer received wiretapping information from the detective. Moral of the story: Don't let your P.I. do anything you couldn't ethically do yourself.

ED v. Commonwealth of Kentucky and Cabinet for Health and Family Services, 152 SW3d 261 (Ky.App., 2004)

ED v. Commonwealth of Kentucky and Cabinet for Health and
Family Services, 152 SW3d 261 (Ky.App., 2004)
District Court order permitting grandparent to visit during parents'
visitation time was insufficient to entitle grandmother to visitation
after parental rights of parents were terminated. Statute governing
grandparent visitation requires a visitation order issued by Circuit
Court prior to the termination of parental rights.

Relocation

Chief Judge Stephen George gave an excellent presentation on relocation at the AAML/LBA seminar last week," Fenwick, Dead or Alive?" We have made an editorial decision, though, not to report on judges' comments on this blog. The ABA Family Law Advocate features relocation as the subject of its most recent edition and contains a good bibliography. Bill Hoge pointed out that you don't have to be an ABA member to subscribe to the Advocate.

Taping Phone Conversations

We found this helpful site, Reporters' Committee for Freedom of the Press, thanks to John Stout on the ABA Family Law Section listserve. We tell our clients in KY that phone conversations cannot be taped if the client is not a party to the conversation. The tricky part is conversations between persons in different states. Even if the client is a party, they may be illegal. The rcfp gives a state-by-state guide to what can be done where.

S.R.D. v. T.L.B., 174 SW3d 502 (Ky. App., 2005)

S.R.D. v. T.L.B., 174 SW3d 502 (Ky. App., 2005)
Husband who held himself out to be child's father for 9 years
was equitably estopped to deny paternity and child support
obligation when at the time of the divorce decree there was and
uncontested assertion that the marriage produced three
children.

Com., Cab. For Health & Family Services v. Byer, 173 SW3d 247 (Ky.App,. 2005)

Com., Cab. For Health & Family Services v. Byer,
173 SW3d 247 (Ky.App,. 2005)
Cabinet for Health & Family Services was a party to the action
because it initiated dependency action, but trial court order
directing the Cabinet to pay expert witness fees was reversed
because KRE 760(A) requires a court to enter a show cause order
why expert witnesses should not be appointed when the court
desires to appoint its own expert. This process guarantees the
parties will have notice and an opportunity to be heard.

Cox v. Cox, 170 SW3d 389 (Ky., 2005)

Cox v. Cox, 170 SW3d 389 (Ky., 2005)
Where Texas lacked minimum contacts with the husband
and, therefore, lacked jurisdiction to impose a lien on
property in Kentucky, its judgment regarding the lien was
not entitled to full force and credit and was not a "foreign
judgment" under the UEFJA.

Dobson v. Dobson, 159 SW3d 335 (Ky.App., 2004)

Dobson v. Dobson, 159 SW3d 335 (Ky.App., 2004)
Spouse granted innocent spouse relief by the IRS is
not entitled to res judicata and trial court assignment
of tax deficiency 40% to innocent spouse was upheld.
Tax audit has uncovered a tax deficiency, but trial court
reasoned that the parties benefited from the lower tax burden
and innocent spouse was later required to pay the share of
taxes for which she would have been responsible had the
deductions not been disallowed.

Goff v. Goff, 172 SW3d 352(Ky.,2005)

Goff v. Goff, 172 SW3d 352 (Ky., 2005)
Applying the UCCJA, Kentucky had subject matter jurisdiction
to enter the initial custody decree, but was without continuing
jurisdiction to modify it because Tennessee was unquestionably
the home state of the child.

Parties were married in Tennessee (June 1996) and purchased a home in Nashville. Less than a month after the wedding, Mr. Goff filed a petition for annulment in Warren County, Kentucky, where he had moved. Wife remained in Tennessee.

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