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Important published opinion from Ky Supreme Court today on attributing a portion of children's expenses to maintenance recipient

JUDE WEBER V. THOMAS FRANCIS LAMBE

The trial court awarded maintenance based on its finding that Wife’s reasonable living expenses totaled $5,800 monthly, including $1,440 of the children’s living expenses. Accordingly, Husband was ordered to pay maintenance. Husband was also ordered to pay an additional $15,000 for wife’s attorney fees based on an imbalance in financial resources.

 

Ky Court of Appeals Published Opinion - Judgement Denying Diminuition of Value Affirmed

 

HARVEY V. ROBINSON

 

Wife and Husband’s divorce was finalized in 2002 at which time Wife was awarded the marital home and property valued at $856,000. At that time, Husband was ordered to return the landscape around the home to an appropriate residential landscape, as he had business equipment on the property. There is no dispute that Husband removed his business equipment.

Grandparent Visitation - Ky Court of Appeals Published Decision

NEIN V. COLUMBIA, ET AL.

 

Grandparents had frequent contact with grandson, acting as his primary caregiver until Mother slowly cut off their time with grandson completely. Grandparents filed a Petition for Grandparent Visitation and the trial court awarded them grandparent’s visitation rights.

 

Child Custody - Published Opinion from Ky Court of Appeals

VARNEY V. BINGHAM

Unmarried Father and Mother were involved in a long, contentious custody proceeding. Ultimately, Father was awarded sole custody of the child. In supporting its decision, the Trial Court cited Mother’s past drug use and criminal history as “evidence of a weak mental condition that could negatively affect her ability to parent.” Mother appealed.

 

Aunt not a defacto custodian where she was paid for services - Published opinion from Ky Court of Appeals

JONES V. JONES, ET AL.

The Trial Court held that Aunt met the standards for a de facto custodian and awarded joint custody to Father and Aunt, imposing a child support obligation against Father without consideration of Aunt’s income and requiring Father to pay a portion of Aunt’s attorney’s fees. Father appealed as to custody, attorney fees, and child support.

Transmutation of Nonmarital Property and Division of Personal Property by Lot - Ky Supreme Court Published Opinion

ALBERT W. BARBER, III V. ELIZABETH D. BRADLEY

 

Husband appealed to the Court of Appeals arguing the trial court erred by finding the equity in the parties’ residence was marital property and ordering the division of household goods and furnishings by lot. The Court of Appeals affirmed the trial court. The Supreme Court granted discretionary review.

 

Attorney an Indispensable Party to Appeal Contesting the Fee Award - Ky Court of Appeals Published Opinion

FINK V. FINK

Husband filed an appeal of an award of attorney fees, but failed to name Wife’s attorney as a party. As the fee award was “ordered paid directly to the attorney, the attorney ‘may enforce the order in his own name’ and, thus is the real party in interest and a necessary and indispensable party to any appeal from that order.”

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