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Late motion to alter, amend or vacate custody decision when neither party received Order within 10 days from entry - Published Opinion from Ky Court of Appeals

HOFFMAN V. HOFFMAN

The trial court entered an Order reducing maintenance which neither party received until twelve days after the Order was entered. Wife filed a motion to alter, amend, or vacate pursuant to CR 59.05, CR 60.01 or CR 60.02. The trial court found that no fault could be attributed to Wife for the late filing of her motion, but concluded it had no discretion to consider her motion stating it had lost jurisdiction after ten days expired.

Extension of Domestic Violence Order as Sanction for Contempt - Published Opinion from Ky Court of Appeals

MORRIS V. MORRIS

Wife filed and was granted a DVO. Husband continued making threats and Wife filed a Motion for Contempt. At the hearing on Wife’s contempt motion, the trial court extended the DVO as a contempt sanction. After Husband’s appeal of its order, concerned Wife would be left without protection, the trial court vacated the order of extension made at the contempt hearing, conducted a hearing pursuant to KRS 403.750, and granted an extension of the DVO. Husband appealed that order as well.  

Is non-modifiable maintenance modifiable? Unpublished opinion from Ky Court of Appeals

We do not usually post unpublished opinions from the Ky Court of Appeals but Geralds v. Geralds  is notable, giving guidance to the bench and bar about an issue that has perplexed us since Woodson v. Woodson in 2011.  Geralds holds that agreements for non-modifiable maintenance are enforceable. We don't know why the opinion was designated not to be published, but hope the court changes its mind. 

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