Family Law – venue (motion to transfer, waiver), property distribution, tax refund, medical care for child: Stipp v. St. Charles (COA 7/2/2009)

Stipp v. St. Charles
2008-CA-000400 07/02/2009 2009 WL 1884435

Opinion by Judge Acree; Judge Nickell and Senior Judge Knopf concurred.

The Court affirmed orders of the family court denying a motion requesting a transfer on grounds of improper venue, distributing marital assets, awarding maintenance, ordering continued health insurance coverage and allocating the parties’ income tax refund in a dissolution of marriage action. The Court first held that the family court did not abuse its discretion in denying the motion to transfer. Appellee waived objection to improper venue by filing the petition and appellant’s failure to assert the defense of improper venue or to timely file a motion pursuant to CR 12.01, constituted a waiver of his objection to venue. Further, appellant evidenced a waiver of any objection by choosing to proceed in the venue and availing himself of the court’s time and judicial resources. The Court then held that the trial court did not abuse its discretion in distributing the marital assets, awarding maintenance to appellant after considering the factors set forth in KRS 403.200(2)(a)-(f), shortening the period appellee was required to pay appellant’s health insurance premiums based on the length of COBRA coverage under appellee’s plan, or in allocating a tax refund to pay for the parties’ child’s tuition and medical care for inpatient counseling and treatment.

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