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Published Family Law Opinion from Ky Court of Appeals Today: Choice of Law to Determine Whether State Disability Retirement Benefits are Marital Property

Kirilenko v. Kirilenko

In a KY divorce, the trial court erred in applying KY law to characterize CN state disability retirement benefits as nonmarital property. Instead, the Restatement (Second) of Conflict of Laws "most significant relationship"  test should be applied and CN law is more appropriate.

Ky Supreme Court Published Opinion Today: Social Security Retirement Dependent Benefits

C.D.G. v. N.J.S.

Where child receives social security retirement dependent  benefits, and child support obligation of retired child support obligor is not modified, child support payor is entitled to a credit against child support. And, where such benefits are paid retroactively so there is a fund available for recoupement, trial court did not abuse its discretion in ordering mother to reimburse father for the 22 months of dependent benefits paid in a lump sum.

Published Family Law Opinion from Ky Supreme Court - Whether a child testifies is in the discretion of the trial court and six hour time limit on trial was reasonable

ADDISON V. ADDISON

After significant ongoing litigation over custody, the Trial Court ordered that custody be transferred to Father and that Mother have supervised visitation. The Court of Appeals reversed because of the arbitrary time limitation at trial. Upon discretionary review the Ky Supreme Court reversed the Court of Appeals and reinstated the trial court’s judgment.

Time Limitations

Published Family Law Opinion from Ky Court of Appeals:Burden of proof that child support has been paid rests on obligors

SALLEE V. SALLEE

The Appellate Court vacated and remanded the Family Court’s denial of a Motion for Contempt for Father’s failure to pay child support. The Family Court incorrectly placed the burden of proof on the Mother/obligee to prove an arrearage was owed. Once the child support obligation is established, the child support obligor, in this case Father, carries the burden of proof. The Family Court also failed to make the findings of fact required by CR 52.01.

Published Family Law Opinion from Ky Court of Appeals: Written Findings Required in Domestic Violence Proceedings

BOONE V. BOONE

The mandate for written findings of fact and conclusions of law applies to DVO cases. CR 52.01 and KRS Chapter 403, along with the holding in Keifer, require findings in family law cases be reduced to writing. DVOs affect child custody, therefore they fall within the purview of CR 52.01. In this case, although adequate findings were made orally from the bench, the Appellate Court remands the case to the Trial Court for written findings of fact and conclusions of law.

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