Carl D. Devine practices primarily family law and joined the firm in 1997. He is a past chair of the Fayette County Domestic Relations Section. Carl is on the Grandparents as Parents Committee that works to support Grandparents and other relative caregivers that care for children when their parent can not. Carl was born in Springfield, Kentucky in 1972. He graduated Magna Cum Laude from Georgetown College in 1994 and obtained his J.D. from the University of Kentucky College of Law in 1997.
Robinson v. Robinson, (2015-CA-915, Fayette Circuit Court, Family Division)
A divorce action concluded over a decade earlier gave rise to an effort to hold ex-husband in contempt. The claimed contempt arose from his conveyance of marital real property during the divorce as part of the redistribution of marital assets ordered by the Divorce Decree. Ex-wife contended by motion practice initiated in the long-closed divorce action that ex-husband failed to convey the real property in proper condition. However, the conveyance was by quitclaim deed and no issue had been raised for over a decade. Ex-wife raised an issue because she now claimed that her recent sale of the property for several million dollars brought about $250,000 less than it should have based upon the property condition. Ex-husband challenged the matter by arguing that the Family Court lacked subject matter jurisdiction over a property conveyance dispute that had taken place over a decade earlier which also raised statute of limitations issues. The Family Court denied ex-husband’s challenges, further denied the motion to hold ex-husband in contempt (see Fayette Family Court Order of May 14, 2015) but awarded ex-wife approximately $3000 in fee recovery for her current efforts (see Fayette Family Court Order entered June 26, 2015). Ex-wife appealed the denial of her requested relief of the $250,000 loss from the sales price of the real estate. The matter remains pending before the Kentucky Court of Appeals.
Family court jurisdiction/subject matter jurisdiction/real estate dispute/divorce decreeJanuary 1, 2016 Filed Under: Litigation Transactional Law Family Law
Sotingeanu v. Benton, COA 2013-CA-1060 (Whitley Circuit Court, October 24, 2014)
Parents who never married presented an issue of whether a trial court’s order directing and authorizing one parent to obtain a passport for their minor child was an enforceable order. The mother argued that the order was a modification of the custody decree without proper findings of fact and conclusions of law. On appeal the Court of Appeals affirmed the trial court that it followed the proper procedure in conjunction with the federal regulation (22 CFR 51.28) that governs issuance of a passport for a minor child.
Modification of custody decree/issuance of passport/22 CFR 51.28/CR 52/findings of fact/conclusions of lawLitigation Transactional Law Family Law
Dimaghani v. Showalter 2009-CA-2171 (Fayette Family Court, August 31, 2012)
This appeal involves a person’s ability to orally modify a maintenance obligation.Family Law
Sabharwal v. Hoskins, Fayette Circuit Court 2012-CA-732 (2012)
This family court case involves recovery of a significant attorneys’ fee award.Family Law
White v. Hawes, 2010-CA-1089/1239 (Fayette Circuit, March 4, 2011)
This case involves De Facto Custodian (caregivers other than biological parents being placed on the same footing as parents) matters.Family Law