Tag

Maintenance
Lambe v. Weber The Appellate Court first addresses maintenance, holding that income should not be imputed to a spouse when her underemployment is not voluntary. In this case, the child’s medical needs prevented the mother from working.
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Middleton v. Middleton Interesting 50 page opinion and dissent addressing characterization of distributions from family trust, nonmarital tracing and standard of proof, division of marital personalty, assignment of debt, attorney fees and costs.
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Larry James Ensor v. Deborah Lynn Ensor, 2010-CA-001660-MR, 2010-CA-001699-MR and 2010-CA-002048-MR Published: Affirming in part, Reversing in part, and Remanding County: Oldham  FACTS:
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Timothy M. Brosnan v. Margaret Brosnan No. 2010-CA-000229-MR, No. 2010-CA-000272-MR, No. 2010-CA-000849-MR Published: Opinion Affirming County: Jefferson Timothy Brosnan appeals and Margaret Brosnan cross-appeals from judgment of Jefferson Family Court dividing marital property and debts and awarding maintenance to Margaret. Margaret also appeals from Jefferson Family Court order denying her motion for attorney fees incurred...
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Brooks v. Brooks 2010-CA-001720-MR Published:  Affirming County: Wolfe
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Woodson v. Woodson 2010-SC-000053-DG Published:  Reversing and Remanding County: Jefferson Overruling Dame v. Dame, SC held that “a maintenance award in a fixed amount to be paid out over a definite period of time is subject to modification under KRS 403 .250(1).”  KRS 403 .250(1) states in part:
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Age v. Age, No. 2009-CA-001982-MR and Reid (formerly Age) v. Age, et al, No. 2009-CA-002173-MR Published:  Affirming County:     Oldham           Reid filed a petition for dissolution of a 33-year marriage in November, 2006.  After entry of the decree in June, 2008 the parties filed a settlement agreement which had been executed in April, 2008....
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The Court accepted discretionary review in Woodson v. Woodson, in which the Court of Appeals upheld the trial court as it lacked authority to rule contrary to Dame v. Dame. The Court of Appeals' unpublished opinion is here. So, the question is whether fixed payments of maintenance over a fixed period of time remain non-modifiable....
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Atkisson v. Atkisson and Atkisson v. Atkisson (consolidated appeals, separate opinions) ___S.W.3d____ (Ky App. 2009) and ___S.W.3d____(Ky App. 2009)
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