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Bjelland v. Bjelland

Court of Appeals of Kentucky

August 9, 2013

MARY ELIZABETH BJELLAND APPELLANT
v.
THOMAS STUART BJELLAND APPELLEE

APPEAL FROM CAMPBELL CIRCUIT COURT HONORABLE CHRISTOPHER J. MEHLING, JUDGE ACTION NO. 93-CI-01157

BRIEF FOR APPELLANT: Mary Bjelland, Pro se Fort Thomas, Kentucky.

BRIEF FOR APPELLEE: Thomas Stuart Bjelland, Pro se Covington, Kentucky.

OPINION

BEFORE: CLAYTON, LAMBERT, AND THOMPSON, JUDGES.

CLAYTON, JUDGE.

Appellant, Mary Bjelland ("Mary"), appeals from the December 16, 2011 order of the Campbell Circuit Court requiring her to share a portion of the expenses of her children's extracurricular activities with her former husband, Appellee, Thomas Stuart Bjelland ("Thomas"). For the following reasons, we affirm the circuit court's decision.

FACTUAL AND PROCEDURAL BACKGROUND

The following are the relevant facts for this case as summarized by this Court upon consideration of a prior appeal:

The parties were married in November of 1989 and have two children. On June 28, 1994, the trial court entered the parties' decree of dissolution of marriage and incorporated the parties' property settlement agreement. By the terms of the property settlement agreement the parties shared joint custody of the children with [Appellant] as the primary custodian.
For years the children primarily resided with [Appellant] and attended the local public school, Ft. Thomas/Highland Heights. However, due to a dependency action, the children moved into Thomas's home which was not in the Ft. Thomas/Highland Heights school district. Thomas made multiple motions to the trial court concerning child support, reimbursement of medical expenses, reimbursement of extracurricular expenses, school district and tuition, and the children's bank accounts.
In the court's February 14, 2008, order, the court ruled upon all pending motions. The court set child support and ordered the parties to split the medical expenses and the extracurricular expenses[[1] for the children with Thomas having 55% of the financial responsibility and [Appellant] 45%. The court then found that it was in the best interest of the children to remain in their current school system of Ft. Thomas/Highland
Heights. Thus, out-of-district tuition was included as an extracurricular expense for the academic year 2007–2008.

Bjelland v. Bjelland, 2010 WL 2573879 (Ky. App. 2010)(2008-CA- 000523-MR, 2008-CA-001852-MR). *1[2]

Mary appealed this order, and a panel of our Court affirmed the decision to divide the out-of-district tuition between the parties, vacated the trial court's order to divide expenses incurred from extracurricular activities, and remanded the latter issue to the trial court to determine which ...


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