Husband and Wife divorced and the family court entered an order on child support, maintenance, and property division. Wife appealed challenging the family court’s conclusions of law on a number of issues.

Wife first argued that the trial court erred in failing to make adequate findings and by considering the nonmarital inheritance she received in setting maintenance. The Court of Appeals affirms the family court holding that “It is well within the court’s discretion to consider nonmarital assets when calculating the amount and duration of maintenance.” The family court properly considered Wife’s financial resources, education level, the marital standard of living, along with other factors.

Wife next argues that the trial court erred in finding Husband’s unvested RSUs were nonmarital property. The Court of Appeal disagrees affirming the family court holding that the trial court properly concluded the RSUs were nonmarital property belonging to Husband and should be excluded from calculating Husband’s income in calculating maintenance and child support.

Wife makes a number of additional arguments on property division, child support, and attorney fees. The Court of Appeals upholds the trial court on all issues.

Digested by Elizabeth M. Howell

The post Unvested restricted stock units declared nonmarital property – Ky Court of Appeals Published Opinion last week appeared first on Goldberg Simpson - Family Law Group.

Digest to follow.

Ruby
v. Scherzer, attorney fee lien statute (KRS 376.460) is not applicable in dissolution
actions.

Digest to follow.

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M.L.C.
v. Cabinet for Health and Family Services.  
Termination of parental rights reversed where findings did not cite any
evidence supporting what reunification efforts were made nor how termination
was in children’s best interest and appeared to rely on incarceration alone.

The post One published family law opinion from Ky Court of Appeals September 13, 2013 appeared first on Goldberg Simpson - Family Law Group.

McFella
v. McFella  - 
Court may take into account parents’ timesharing in deciding the amount of
child support to be paid, but it is not mandatory.

http://opinions.kycourts.net/sc/2012-SC-000737-DGE.pdf –
Where appeal of DVO not timely filed trial court’s denial of CR60.02 motion
affirmed.

Digests of these two opinions from Ky Supreme Court to follow.

The post Court may take into account parents’ timesharing in deciding the amount of child support to be paid, but it is not mandatory – from Ky Supreme Court yesterday appeared first on Goldberg Simpson - Family Law Group.

Ciampa
v. Ciampa  Trial Court’s findings supported reduction of child support by only 3% following
emancipation of older child where income substantially exceeded guidelines.
Trial court included private high school tuition as part of child’s needs.

Digest to follow.

Ciampa
v. Ciampa  Trial Court’s findings supported reduction of child support by only 3% following
emancipation of older child where income substantially exceeded guidelines.
Trial court included private high school tuition as part of child’s needs.

Digest to follow.

The post Published Child Support Modification Case from Ky Court of Appeals Today appeared first on Goldberg Simpson - Family Law Group.

Digest to follow.

Bjelland
v. Bjelland, 
where mother did not request court to make additional findings, order requiring
her to share in cost of non-mandatory field trip cost was affirmed.

Digest to follow.

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Muir v. Muir. Restoration of nonmarital property, division of mailital property in just proportions, attorney fees.

There were no published family law opinions released on August 2, 2013. Digests to follow. Eventually.

From July 26, 2013: Ensor v. Ensor. The Opinion of April 12, 2013 was withdrawn and this opinion substitued. This is the case concerning the Grantor Retained Annuity Trust (GRAT).

Muir v. Muir. Restoration of nonmarital property, division of mailital property in just proportions, attorney fees.

There were no published family law opinions released on August 2, 2013. Digests to follow. Eventually.

The post Published Family Law Opinions from Ky Court of Appeals appeared first on Goldberg Simpson - Family Law Group.

Triplett
v. Triplett, coverture fraction of pension upheld where appellant failed to
preserve subtraction or bright line arguments in trial court.

Ipock
v. Ipock, et al, CR60 may be used to disestablish paternity with the results of
a completed DNA test in which case the results of the test shall be the
predominant factor in the trial court’s decision. Order allowing CHFS and GAL to
intervene in divorce action affirmed.

Seay
v. Seay, Emancipation of one child  triggers review of child support
without regard as to whether the new amount is 15% greater or lower.

Digests to follow. Eventually. Running behind.

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Hicks
v. Halsey,
digest to follow.

Hicks
v. Halsey,
digest to follow.

The post Defacto Custodian Published Opinion from Ky Court of Appeals Today appeared first on Goldberg Simpson - Family Law Group.