Seeger v. Lanham

The Supreme Court affirmed in part and reversed in part the decision of the court of appeals in this appeal brought by both parties from a judgment in a paternity action. The Court held (1) a paternity action can be brought by a private attorney, and therefore, the district court properly exercised jurisdiction over this case; (2) attorneys’ fees are not recoverable in paternity actions, and therefore, the court of appeals erred in ruling that Ky. Rev. Stat. 403.220 provided a statutory avenue for attorneys’ fees in this case; and (3) the court of appeals properly concluded that a trial court has the discretionary authority to allow credits of “excess” dependent benefits toward pre-petition liabilities, but rather than simply upholding the district court’s allowance of the credit, the case must be remanded for further factual findings and a renewed determination of whether that credit is appropriate. View "Seeger v. Lanham" on Justia Law