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Moore v. Moore11/24/2004
AFFIRMING AS TO THE APPEAL AND AS TO THE CROSS-APPEAL
Earl Marson Moore and Debra Moore married in 1973, separated in 1989, and divorced in 1992. The divorce decree reserved the issues of maintenance, child support , attorney fees, and the division of property for a later determination. The parties have litigated these issues for the past twelve years. For the reasons stated in this opinion, we affirm the circuit court's judgment on the reserved issues.
Earl and Debra were married as college students. Earl became qualified as a Certified Public Accountant, and Debra earned her degree in social work. After college, they set up a CPA practice in Hindman, Kentucky, where they both worked. They had two children, Earl III and James Phillip. They maintained a comfortable standard of living during their sixteen years of marriage. Along with Moore's CPA practice, Earl and his brother were partners in Moore Brothers Stables, through which they purchased, showed, and sold Tennessee Walking Horses.
During the marriage, Earl and Debra received several generous gifts from Earl's parents, Earl Sr. and Geneva Moore. The elder Moores supported Earl and Debra while they were in college, helped finance their home in the Frogtown district of Hindman ("the Frogtown house"), purchased lots adjoining the Frogtown house that they gave to Earl and Debra, and helped buy furniture for Earl and Debra's marital residence.
Shortly after their separation, Earl purchased a home in Hager Hill, Kentucky ("the Hager Hill house"). Earl and Debra sold the CPA practice; and Earl began working for B. W. McDonald, with whom he also jointly owned several horses. Debra found employment as a bookkeeper with a coal company. In 1991, Debra was involved in a car accident that caused her extensive personal injuries. She was unable to return to work for several months after the accident.
In November 1991, Debra filed a petition for dissolution of marriage. On September 10, 1992, the court held a hearing and ordered Earl to pay Debra $1,216 monthly in temporary child support and $1,200 monthly in temporary maintenance. Eight days later, the court entered a decree dissolving the Moores's marriage. The issues of child support, property division, and maintenance were reserved to be decided after the divorce .
After years of litigation over these issues, the Domestic Relations Commissioner (DRC) entered Findings of Fact, Conclusions of Law, and Recommendations on December 26, 2001. The DRC recommended the following findings, which were contested:
1. The Frogtown house and the Hager Hill house were marital property as both had been acquired during the marriage.
2. The jewelry disputed by the parties was given as a gift to Debra from Earl and, therefore, was non-marital property.
3. The money and property from Earl Sr. and Geneva Moore were gifts made to both parties collectively and constituted marital assets.
4. Specific gifts of china, silver, and crystal were gifts from Geneva Moore to Debra, individually, and were non marital property.
5. The proceeds from the 1995 settlement of Debra's 1991 car accident were deemed non-marital as the settlement occurred three years after the divorce .
6. Proceeds from Earl's post-separation but pre-dissolution investments were marital and, therefore, had to be split between the parties as marital property.
7. One-half of one-fourth of the proceeds from the sale of Pride's Clutch, a prize-winning horse, was to be paid to Debra.
8. Earl was to pay the debts owed for any income tax liability for the years 1989-1991.
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