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Alimony Recapture

When maintenance is front-end-loaded, the payor may be required to recapture in the third year excess alimony. Two calculations are necessary.The first compares the second year payments to the third year payments. If the amount paid in year three plus $15,000 is less than paid in the second year, the excess will be recaptured. The second computation compares the first year payments to the adjusted average of the second and third year payments.  If this average plus $15,000 is less than the payments in the first year, the excess is recaptured.

Paternity Fraud

An April 10, 2006 National Law Journal article on paternity fraud has been reprinted at www.law.com. This is the flip side of the dual paternity issue where non-biological fathers have been required to pay child support. It is important to distinguish the rights/duties of husbands who are non-bio dads who want to raise and support children born during a marriage. The Uniform Parentage Act (not adopted in KY) was well studied, but there may be some glitches.

Dual Paternity

Utah has decided an important dual paternity case, link below. The law in Kentucky is unsettled where a husband/non-biological father wants to continue a relationship with and support of a child born during the marriage. Although a case is pending in the Kentucky Court of Appeals, until a KY case is published the Utah decision lends support to the argument that unnecessary attacks on paternity should be discouraged.

http://www.utcourts.gov/opinions/appopin/pearson033006.pdf

Published Cases

Michael Stevens'  KentuckyLawBlog, KyCases, and LouisvilleLawWire have been of enormous help to the bar, providing a much needed  (and free!) service of publicizing appellate opinions. We all owe him a big thanks. This blog will not duplicate his efforts. We are working on a grouping of published family law cases which we will keep updated as the opinions become final. For example, the Kentucky Court of Appeals has rendered two important family law opinions within the year, neither of which are yet final.

Govenor Vetoes Change Relating to Child Support for Disabled Adult Children

After overwhelming passage in the house and senate, Gov. Fletcher vetoed today HB 204 which would  have provided that child support of a child found by the court to be disabled does not terminate at age 19 until the court determines otherwise.This would not have been much change in the law. However,  an amendment prohibited the continuation of child support beyond the age of 25.

Reporting of Certain Income to Child Support Authorities

HB 155 was passed and signed by Gov. Fletcher March 18, 2006. It requires employers of more than 20 persons to notify the Cabinet for Families and Children 45 days before a lump sum payment of $150 or more (or as soon as the decision to make such payment, if fewer than 45 days) is made and to hold the payment for 30 days after the date it would otherwise be paid. Upon motion, the court may direct that all or a specified part be paid to the Division of Child Support. Presumably the section applies only to employees who are subject to a wage assignment order for child support.

Same Sex Custody Case in Supreme Court

The Kentucky Supreme Court has under submission a custody case involving same sex parents. Discretionary review of B.F. v. T.D. http://opinions.kycourts.net/COA/2004-CA-000083.pdf. was granted 11/16/05. The respondent  is represented by Franklin Jewell, a candidate for circuit Judge. Movant is represented by Bryan Gatewood and Courtney Joslin, pro hac vice. Ms. Joslin is associated with the National Center for Lesbian Rignts.

Virtual Visitation

When geogrphy prevents frequent parenting time, virtual visitation is an option. For a CNN report, http://www.cnn.com/2006/TECH/02/28/virtual.visitation.ap/index.html

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