17 Aug August Round Ups: Slow and Unsteady
The Round Up can’t tell whether the judges were taking it easy on their last vacation of the summer months or getting ready to send the kids off to school. Regardless, it was a slow few weeks at the Court of Appeals. There is just one Round Up case each from August 2 and August 9, both focusing on post-divorce issues.
August 2: Spencer Stone v. Catherine Stone, 2022-CA-0534, and associated appeals
The Court of Appeals delivers a second helping of what we might call “Shared Expenses à la Carte ” in the saga of Stone v. Stone. The case, presided over again by Judge Lauren Ogden of the Jefferson Family Court, rehashes the contentious post-divorce financial obligations between Spencer and Catherine Stone. Despite their marital settlement agreement – which should have been the final word on splitting costs for their children’s education, extracurricular activities, and medical needs – Spencer seemed to interpret “splitting” as more of an occasional suggestion than a binding commitment.
In the first trip to the appellate kitchen, Spencer was told that “tuition” includes mandatory fees and that extracurricular activities should come with a side of good faith and fair dealing. But Spencer wasn’t full up on denial, so back to court he went. This time, he argued that Catherine’s requests for payments were too salty, too spicy, or just not what he ordered.
Judge Ogden, however, wasn’t having any of it. She served up a judgment confirming that Spencer’s complaints lacked flavor and substance. The ruling affirmed that Spencer owes nearly $20,000 for various expenses, with no dessert offered. The Court even granted Catherine’s request for their children to attend private high schools – an extra dish that Spencer found hard to swallow, especially given his objections without alternatives.
In the end, Spencer’s attempts to overturn the order were met with a firm “no substitutions.” The Court of Appeals affirmed Judge Ogden’s rulings, reminding all that when it comes to MSAs, what’s on the menu is what you pay for—no exceptions. Unreported, but worth remembering. http://opinions.kycourts.net/COA/2022-CA-000534.PDF
August 9: Erin Turner v. Jonathan Young, 2023-CA-0531, and Criminal Tally
In the Erin Turner v. Jonathan Young case, we see yet another instance of a high-conflict post-divorce battle over timesharing and contempt claims. Erin, dissatisfied with the existing timesharing arrangement, sought to modify it. She wished to become the primary residential parent and move the children to Lawrenceburg. She also attempted to hold Jonathan in contempt for allegedly refusing to comply with the timesharing order, specifically around a weekend visitation in October 2022.
The Family Court, perhaps fed up with the ongoing disputes, denied Erin’s request to alter the timesharing arrangement. Instead, they kept to the status quo established in 2019. The judge also dismissed the contempt charge, chalking it up to a “genuine misunderstanding” between the parties, a diplomatic way of saying, “This isn’t worth my time.”
The Court of Appeals, affirming the lower court’s decision, was likely unimpressed with Erin’s arguments. They found no clear error in the judge’s factual determinations and no abuse of discretion in declining to hold Jonathan in contempt. The Court also subtly reprimanded both parties for their procedural missteps, though they graciously opted not to impose any sanctions. Unreported.http://opinions.kycourts.net/COA/2023-CA-000531.PDF
For our loyal criminal law fans, there was also not a lot to learn this week. The prosecutors scored a pair of minor unreported wins with the defense getting shut out. Will there ever be a break from this slump? Stay tuned.
August 16: Nothing Worth Rounding Up
It pains your dear editors to inform you that there will be no Round Up for August 16.
There were only two Family Court cases: an uncontested TPR case and a DNA case that was also a no-brainer. Together, they are not worth a bucket of warm spit. No offense to the parties.
In better news, we are now caught up, so stay tuned next week for a fresh Round Up!
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