NEWS AND ARTICLES ON FAMILY LAW

In the News:

• "Divorce Lawyers say, 'Facebook tops in online evidence in court'", 06/29/2010, Louisville Courier-Journal

  • "Facebook is divorce lawyers' new best friend -- Whatever you share online can (and will) be used against you in court", 06/28/2010, MSNBC

  • "Divorce Lawyers:  Facebook tops in online evidence in court", 06/28/2010, Lexington Herald

  • And elsewhere across the Web

• "Couples who split after long marriages have adjustment issues of their own" -- 06/21/2010, Lexington Herald

• "Custody battle simmers beneath nanny's rescue; Boy's mom and man who's raised him are at odds", 04/08/2010, Louisville Courier-Journal

• "Kentucky Supreme Court OKs joint custody for ex-lesbian couple":

  • Danville Advocate-Messenger, 01/24/2010 

  • WLKY-TV in Louisville, 01/21/2010

  • Read the Kentucky Supreme Court's 01/21/2010 decision in Mullins v. Picklesimer  

• "Teen runs away to escape custody order -- Parents' dispute leaves family court with few good options" -- Louisville Courier-Journal, 05/07/2009

• "Not Your Dad's Divorce -- How changes in child-support laws, and a push by fathers for equal time, are transforming the way this generation of ex-spouses raise their children" -- Newsweek web exclusive, 12/15/2008

• "Kids First -- 'Tis the season to be collaborative.  Ten ways divorced parents can make the holidays better for their children -- and themselves" -- Newsweek web exclusive, 12/15/2008

• "Equal Time -- How I divide my life between my divorced parents' homes" -- Newsweek web exclusive, 12/15/2008

• "I just want to leave him, but I can't afford it"; Unhappy couples staying together as economy makes divorcing too costly -- MSNBC Business news story, 11/23/2008

• For richer, for poorer; Money issues are making it too expensive for some couples to pursue a divorce -- WESH-TV in Orlando, Florida, 11/12/2008

• Money Matters for Couples, Families; money issues continue to be among the primary reasons for marital problems and divorce -- University of Kentucky News, Lexington, 11/07/2008

• Domestic violence shelter opens in Madison County, KY -- Richmond Register newspaper, 11/06/2008

• Murdered woman's daughter reaching out to domestic violence victims; allegedly murdered by her husband five days after she was denied a Domestic Violence Order in Jefferson County, KY  -- WAVE-3 TV, Louisville, 10/30/2008

• Important new published Kentucky Supreme Court decisions:

  • Relocation case: PENNINGTON v. MARCUM (Supreme Court of Kentucky decision on 10/23/2008); dissenting opinion by Justice Cunningham cites the Model Relocation Act proposed by the "prestigious American Academy of Matrimonial Lawyers" in 1998 as providing guidelines that could give courts greater guidance than "best interests".

  • Relocation case:  Frances v. Frances (related Supreme Court of Kentucky decision on 10/23/2008

  • Abrogation of Marital Settlement Agreement:  CAMERON v. CAMERON (Supreme Court of Kentucky decision on 09/18/2008); examines effect of "separation agreements" when parties reconcile and/or cohabitate again

• RECENT KENTUCKY APPELLATE COURT DECISIONS IN FAMILY LAW:

  • Denial of father's appellate action alleging child support miscalculation, abatement of support during his summer parenting time and inclusion of Earned Income Credit in calculation:  BRAUSCH v. BRAUSCH (Court of Appeals decision on 09/25/2008)

  • Termination of open-ended maintenance [wife's cohabitation with her boyfriend constituted a changed circumstance sufficient to make the payment of maintenance unconscionable]:  CASTLE v. CASTLE (Court of Appeals decision on 09/12/2008)

• Fighting over Fido: Pet custody battles on the rise; Dogs are like kids to splitting couples, but to many courts, they’re property -- NBC Today Show, 09/18/2008

• "Kentucky Court Bars Lesbian Adoption As Stepparents", from WLKY-TV, 09/16/2008

  • To read the Court of Appeal's actual 61-page decision, see:  http://162.114.92.72/COA/2006-CA-001730.pdf

  • See also:

    • "Ky. court strikes down lesbian adoption", from United Press International (UPI), 09/16/2008

• Kentucky woman believed to have four husbands; first time bigamy charged brought against a female in Kentucky -- United Press International, 08/26/2008

  • Kentucky Police search for convicted female bigamist -- NBC News, 08/26/2008

• RECENT KENTUCKY APPELLATE COURT DECISIONS IN FAMILY LAW:

  • Interpretation of Marital Settlement Agreement Re Life Insurance: DOWNS v. DOWNS (Court of Appeals decision on 7/11/2008)

  • Family Court had subject matter jurisdiction on parent's relocation to another county upon remarriage since it had determined that the moving papers were sufficient: COFFMAN V. RANKIN (Supreme Court decision on 6/19/2008)

  • Trial court reversed on failure to enter findings of fact regarding imputed income and child support obligations: MCKINNEY V. MCKINNEY (Court of Appeals decision on 6/13/2008)

  • Non-biological "parent" of child in same-sex relationship found not to be de facto custodian and biological parent did not waive her superior right of custody and no claim of unfitness results in no standing to assert custody: PICKLESIMER v. MULLINS (Court of Appeals decision, modified 6/6/2008)

  • Father required to pay child's funeral expenses: JEWELL V. JEWELL (Court of Appeals decision on 5/22/2008)

  • Family court award of permanent custody reversed for failure to have evidentiary hearing: BEARDEN V. MAULDIN (Court of Appeals decision on 5/22/2008)

  • Family court does not have Subject matter jurisdiction to determine biological paternity of child born during marriage: J.N.R. and J.S.R. V. HON. JOSEPH O'REILLY (Supreme Court decision on 4/24/2008)

  • Child custody jurisdiction and out of state proceedings: SKINNER V. SKINNER (COA 3/14/2008)

  • Denial of child visitation affirmed when only 1 of 6 experts believed the father abused the child: HOPPE V. TALLEN (Court of Appeals decision on 3/7/2008)

• Police say "Neglected Child Found Covered in Feces" -- WKYT-TV, Lexington, Kentucky, 08/14/2008

  • Woman Arrested After Dirty Discovery -- WTVQ-TV, Lexington, Kentucky, 08/14/2008

  • Child Found Living in Filthy Conditions -- WLEX, Lexington, Kentucky, 08/14/2008

• Divorcing with family ties; Attorneys collaborate to reach settlements both parties can live with -- Business of Law supplement to Louisville's Business First newspaper, 07/11/2008

  • Featuring comments from Bill Hoge about the benefits of collaborative family law

  • "The whole idea that divorce ends a relationship is ludicrous, especially if you have children."

• Booster car seats now required for young children, Maysville Ledger Independent newspaper, 07/15/2008

• Four kids removed from cockroach-infested home -- WLKY-TV, Louisville, Kentucky, 07/14/2008

  • Parents charged with leaving children alone in roach-infested home -- WAVE-TV, Louisville, Kentucky, 07/14/2008

• Four-day school week needs to be worked out -- News-Enterprise newspaper, Elizabethtown, Kentucky 07/14/2008 (pros and cons of 4-day school weeks)

• New Kentucky laws aimed at protecting children; legislation goes into effect 07/15/2008 -- Jeffersonville (Indiana) Evening News story on 07/15/2008; new laws include:

  • Animal Bullying

  • Animal torture penalties

  • 16-year-olds permitted to donate blood (with parental consent)

  • Children too big for infant car seats must be placed in booster seats (under 7 and between 40-50 inches tall)

  • Creation of "Golden Alerts", similar to "Amber Alerts" but for reporting missing adults who are impaired with Alzheimer's Disease, etc.

  • Child sexual abuse laws broadened to include older teenaged children

  • Criminalization of the sale, purchase or use of alcohol vaporizing devices (used to inhale intoxicating fumes)

  • Children enrolling in public school or preschool required to get dental checkups

  • Increased accountability for teachers, priests and others to report sexual abuse

  • Thrill ride operators must be at least 18 years old

• Louisville man facing child abuse charges after he allegedly beat up his 5- and 6-year-old children -- WHAS TV, Louisville, Kentucky, 07/09/2008

• Kidnapping Suspect Surrenders Peacefully After Standoff -- Montgomery Co., KY parental abduction; toddler injured in car crash; non-custodial father fled scene; eventually surrendered after police standoff -- WKYT TV, Lexington, Kentucky, 07/03/2008

• International Parental Abduction -- Macedonian father in U.S. Federal Prison for 3 years for parental kidnapping -- Deseret News, Salt Lake City, Utah, 06/24/2008

• "Laid Off?  Here's How to Stay Afloat" -- SmartMoney.com, 06/19/2008:  Excellent advice on preparing for and reacting to layoffs and shutdowns

• "Federal lawmaker pushes amendment to the Defense Authorization Bill to bar courts from taking away custodial rights of military parents deployed overseas" -- Dayton (OH) Daily News, 05/25/2008

• "Deployed Troops Battle for Custody" -- Military.com, 05/07/2008

• Bill Hoge prominently featured in an March 14, 2008 article in Business First of Louisville, Kentucky on the subject of hotly contested or high-conflict divorce actions (External link to article: "What are the most emotional cases you encounter as an attorney?").

• "Rogue debt collectors: How to fight them" -- CNN newstory, 02/29/2008

• "Bachelor dad: Keeping it together . . . Father got primary custody of his four kids. Now he has to figure out how to juggle his career and family and cover those endless bills" -- CNN Money, 02/20/2008

• "Holidays give way to divorce season" -- Ft. Wayne Journal-Gazette, 02/17/2008

• "Protecting your credit in a divorce" -- Los Angeles Times, 02/15/2008

• Alcohol, Infidelity and Relatives:  Recipe for Divorce" -- ABC News 1/10/2008

• "Keen Interest in Gentler Ways to Divorce" -- Associated Press 12/18/2007

• "20th Annual American Bar Association Conference on Lawyer Assistance Programs Meets in Halifax, Nova Scotia"  -- 20th anniversary celebration featuring three individuals – Billy Hoge, Bonnie Waters and Ed Blewer – who have supported lawyers’ assistance programs since they were formalized in the 1980s.

• "Census finds most marriages don't last 25 years: Your chances are less than even" -- New York Times article by Sam Roberts, published 09/19/2007.

• In August 2007, Billy Hoge was interviewed by ABCNews.com for a story on trends in the filing of new divorces as summer draws to a close.  The story was published 08/28/2007 as "End of Summer, Time for a Divorce?  Divorce Lawyers Say More Couples Split Up at the End of Summer".  The story was previously available on the ABCNews.com website.

  • An abbreviated version of this story is available at the United Press International's website.

• "What Parent Wants a Child Divided?" -- Chicago Tribune, 04/29/2007

• Dr. Tom Robbins did a segment in 2005 on Tony Cruise's WHAS morning drive-time show about Collaborative Divorce.  Listen Here>>

• Mr. Hoge was featured in 2005 on WLKY-TV (Channel 32) in a story about Collaborative Law.  See it here>>

Articles and Presentations by Bill Hoge on Divorce, Children and other Family Law Issues:

American Academy of Matrimonial Lawyers:

"Torts and Domestic Violence Claims in Family Law Practice" – AAML/LBA CLE 1999

"Attorney Fees -- When, Why, and How Much" – AAML/LBA CLE 2002

"Dissipation and Fault Maintenance" -- AAML/LBA CLE 2003

"Alternative Dispute Resolution in Family Law Matters" -- AAML/LBA CLE 2006

American Bar Association:

• "Enlightened Self-Interest and Compassion" – Presentation to the ABA Young Lawyers Division in May 2000

• "High-Conflict Custody Cases -- Reforming the System for Children" – ABA 2000 Wingspread Report

• "Unapologetic Advocate on Court-Appointed Experts (Rule 706) REVISITED" – ABA 2001 Annual Meeting, President’s Award

Kentucky Bar Association:

• Attorney Fees and Litigation Costs – The Lifeblood of Family Law Practice – Protecting Yourself and Your Clients"; presented to the KBA Annual Convention on June 19, 1998

• "Spousal Support: Maintenance or More?" – 1999

• "Excellence and Compassion" - 2002 Fifth Annual Family Law Seminar (also published in May 2002 LBA Bar Briefs)

• "Memo from a Reformed Family Law Litigator"- March 2004

Louisville Bar Association:

• "Nuts & Bolts of Family Law" - 2002, 2003, 2004, 2005, 2006 and 2007 Presentations at the LBA’s Nuts & Bolts Seminar (for legal professionals new to Family Law)

• "Relocation . . . The Toughest Frontier in Family Law" – presented at LBA CLE entitled "Focus on the Children: Difficult Child Custody and Support Cases" – December 2002

• "Collaborative Law Training - No Discovery, No Motions, No Court, No Fear" - March 2002

• "Non-Vested Corporate Stock – Future Value Marital Property" - 2003

• "Creative Solutions to Dissolution Cases: Collaborative Law" - June 2003

• "Teaching a Family Law Lawyer New Techniques" - June 2004

• "Nuts & Bolts of Family Law" - 2005 Presentation at the LBA’s Nuts & Bolts Seminar

• "Co-Parenting Counterpoints" - June 2007 Bar Briefs

University of Kentucky:

• Author, UK/CLE, Kentucky Domestic Relations Practice, 1st Ed., Chapter 14 (2006)

Kentucky Academy of Trial Attorneys (now Kentucky Justice Association:

"How Not to Malpractice Your Divorce Case" – September 2001

"An Overlooked Tool: Dissipation Claims in Dissolution Cases" – March/April 2002 Advocate

"Collaborative Law, Mediation & Arbitration" - KATA Domestic Violence Seminar, 3/14/2003

"Maintenance in Family Law: A Lawyer’s Liability Bear Trap" - September/October 2003 Advocate

"Lodestar Custody Decision" - January/February 2004 Advocate

"Top Ten Tips for Family Law Litigation" - January/February 2004 Advocate

"Creative Solution to the Domestic Case: Collaborative Law, Mediation and Arbitration" - March 2004 Presentation at the Domestic Relations Seminar

"People who love sausage and respect the law should never watch either of them being made" -- May/June 2004

"Domestic Violence Torts in Family Law Practice" - September 2004 Annual CLE

"Family Law Perspective on Health Care and the Law" - November/December 2004 Advocate

"Trial Tips from a Family Law Perspective" - January/February 2005 Advocate

"Electronic Evidence Discovery" - July/August 2005

"Deductibility of Attorney's Fees in Dissolution Cases" - November/December 2005 Advocate

"Deal or No Deal" - July/August 2006 Advocate

"Learning Ambitious Divorce Negotiation Skills" - January/February 2007 Advocate

Fair $hare magazine:

• "An Unapologetic Advocate for Court-Appointed Experts" – April 2000

Presentation to the Kentucky General Assembly:

"Special Task Force on Parenting and Child Custody" – November 12, 1998

Lay Publications:

Business First -- "Collaborative Law Process Offers Divorce with Dignity" - April 2004

Today’s Woman magazine:

"Building New Holiday Traditions" – Winter 1999

"Planning for the Unexpected" – June 2000

"How Do You Spell L-O-V-E for Your Children? With your TIME!" – December 2000

"Will a Pre-Nuptial Agreement Take the Romance Out of Your Engagement?" – January 2000

Books by Bill Hoge:

Divorce in Kentucky – The Divorce Resolution System – An Interactive Organizer

Author, UK/CLE, Kentucky Domestic Relations Practice, 1st Ed., Chapter 14 (2006)

In-House Publications and Brochures for Clients:

"Congratulations! Your Divorce is Final! What Happens Now?

"Controlling Legal Costs in a Divorce Action"

"‘Discovery’ Has Nothing to Do with Columbus – Understanding the Legal Discovery Process"

"Divorce Process Flow Chart"

"My Domestic Violence Safety Plan"

"What on Earth is a Case Management Conference?"

"Why Do I Have to Go to Mediation?"

"How does Domestic Violence Impact on Child Custody and Visitation Decisions?" – Hoge & Tingley Family Law Newsletter, Summer 1997

"Drafting Your Child Custody Affidavit"

"Custody Litigation Plan"

"Collaborative Law Handbook for Clients"

"Custody Litigation Plan"

"Before You Engage In A Custody Battle Over Your Children. . ."

Other:

"Domestic Violence in Kentucky – Key Points to Consider in Child Custody and Visitation"

"Domestic Violence: Child Custody and Visitation"

"Fault: A Confusing Concept in Kentucky Case Law"

"Key Points to Consider in Full and Fair Civil Compensation"

"Should Parents Seek Custody of Their Children or a Parenting Plan?"

"Permissive Joinder in Family Courts"

"Valuing Professional Goodwill"

"Deductibility of Attorney Fees"