Robert Earl Romaine v. Jessica Rose Romaine

CourtCourt of Appeals of Kentucky
DecidedOctober 10, 2025
Docket2024-CA-1232
StatusUnpublished

This text of Robert Earl Romaine v. Jessica Rose Romaine (Robert Earl Romaine v. Jessica Rose Romaine) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robert Earl Romaine v. Jessica Rose Romaine, (Ky. Ct. App. 2025).

Opinion

RENDERED: OCTOBER 10, 2025; 10:00 A.M. NOT TO BE PUBLISHED

Commonwealth of Kentucky Court of Appeals NO. 2024-CA-1232-MR

ROBERT EARL ROMAINE APPELLANT

APPEAL FROM MCCRACKEN FAMILY COURT v. HONORABLE DEANNA WISE HENSCHEL, JUDGE ACTION NO. 23-CI-00342

JESSICA ROSE ROMAINE APPELLEE

OPINION AFFIRMING

** ** ** ** **

BEFORE: CETRULO, L. JONES, AND LAMBERT, JUDGES.

CETRULO, JUDGE: Robert Earl Romaine (“Robert”) appeals a family court

post-dissolution order and challenges the family court’s determinations on

parenting time, maintenance, arrearages (for child support and maintenance),

contempt, and the award of attorney fees. After review, we affirm the McCracken

Family Court. FACTS & BACKGROUND

In 2011, Robert married Appellee Jessica Rose Romaine (“Jessica”).

Jessica entered the marriage with a child (“Daughter”), who Robert adopted, and

the couple had one child together during their marriage (“Son”). In March 2023,

the couple separated, and a contentious divorce ensued. At that time, Daughter

was approximately 15 years old, and Son was approximately 9 years old.

In June 2023, the McCracken Family Court entered a temporary

agreed mediation order (“2023 Mediation Agreement”). In the 2023 Mediation

Agreement, Robert and Jessica agreed to joint custody of both children. Robert

worked a 29 days on/29 days off schedule on a riverboat. The parties agreed that

while he was working, the children would live with Jessica; when he was not

working, i.e., “off the boat,” the children would live with Robert but have an

overnight with Jessica every Wednesday. Further, the 2023 Mediation Agreement

also stated that the parents and children “will participate in family counseling

through Compass Counseling.” Based on Robert’s monthly income of $14,600

and Jessica’s monthly income of $1,550, the 2023 Mediation Agreement

determined that Robert would pay child support in the amount of $700 per month

and maintenance in the amount of $2,100 per month.

In August 2023, the family court entered findings of fact, conclusions

of law, and an interlocutory decree of dissolution. This decree dissolved the

-2- marriage but reserved “all issues” for later adjudication. The next month, in

September, Jessica moved to modify the parenting time arrangement in the 2023

Mediation Agreement, asserting that her absence from the children for most of the

month Robert was off the boat created a hardship for the children. In support of

this claim, Jessica submitted letters from both of the children’s counselors. Son’s

counselor stated that Son struggled with being away from his mother and

that if it were just a week or two, he wouldn’t be so anxious, but he has a hard time specifically missing his mother when he goes to dad’s. He cries often and makes facetime/phone calls when he is gone and becomes emotional the week prior to having to leave in anticipation of what’s to come. For his mental and emotional wellbeing, it is my clinical recommendation to adjust the visitation schedule so that it is not every other month at each parent’s home.

Similarly, Daughter’s counselor also put forth a letter of concern. In

this letter, the counselor suggested that Daughter “be able to speak for herself in

regard to visitation with [Robert].” The counselor also stated that Daughter

is currently struggling with mental health symptoms indicative of trauma reactions. She exhibits anxiety, depression, emotionally intense reactions, and more. [Daughter] also notes being extremely distressed when having to be around [Robert], including their family therapy sessions.

On May 15, 2024, the parties submitted a second Agreed Mediation

Order (“2024 Mediation Agreement”). In this 2024 Mediation Agreement, Robert

agreed to terminate his parental rights to Daughter. This agreement also allocated

-3- residences and divided some personal property, but reserved on numerous issues,

including but not limited to, parenting time, child support and maintenance

arrearages, Jessica’s attorney fee claim, outstanding contempt issues, division of

property, and matters concerning counseling for Son.

The family court held a final hearing over two days – May 19 and 20,

2024. At this hearing, Robert and Jessica were both present, represented, and

testified. Robert called four character witnesses and Jessica called two. Admitted

evidence included financial disclosure statements, pay stubs, tax returns, Son’s

pediatrician’s appointment notes, and depositions of the children’s counselors. We

need not recount the entirety of the two-day hearing, but parts of Robert and

Jessica’s testimonies are relevant to this appeal.

At the hearing, Robert testified that he was content with keeping the

parenting time arrangement as is. Conversely, Jessica stated the current parenting

time plan had not been working well. She said Son was struggling being away

from her for most of a month and missing counseling appointments while with his

father.

Robert acknowledged that he was aware of and signed the 2023

Mediation Agreement – that stated parents and children “will participate in family

counseling through Compass Counseling” – but he did not believe that he was

required to take Son to counseling. In fact, he admitted he stopped taking Son to

-4- Compass Counseling and did not intend to take him back. Jessica testified that

during their marriage Robert had been against the children receiving counseling,

but that Son’s counseling was extremely beneficial, and Compass Counseling had

turned into his “safe space.”

At the hearing, Robert argued that the prior personal property division

was not equal. Jessica asserted that the personal property in their respective

possession was no longer at issue as those property matters had been resolved by

the prior mediation agreements, to which the family court agreed. However, on

Robert’s request, the court stated it would consider the personal property but only

in assessing Jessica’s need for maintenance, not as items needing valuation or

dividing. The parties agreed.

Additionally, the family court heard a detailed walkthrough of

Robert’s expenses. Over the course of this litigation, Robert had submitted two

financial disclosure statements: one in June 2023 with monthly expenses of

$5,076, and the second in May 2024 with monthly expenses of $12,512. During

the final hearing, Robert explained this $7,436 discrepancy was due to various

factors such as increased tithing, house repairs, a new marriage/person to support,

medical issues, and typographical errors in the original financial disclosure

statement.

-5- His explanation of these factors, however, produced additional

inconsistencies. For example, Robert testified his original expense report listed

only $46 per month for truck fuel, but he needed $800 per month for truck fuel to

drive around Paducah (not including motorcycle fuel or road trips). Robert stated

he needed $900 per month for church tithings, but he only presented evidence of

one $500 donation in the years prior. Robert requested $450 per month for

medication, but admitted he was not currently taking medication and had not been

for the previous three months (except for heartburn medicine). He requested $260

per month for braces, but admitted he had dental insurance and did not currently

have braces.

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Robert Earl Romaine v. Jessica Rose Romaine, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-earl-romaine-v-jessica-rose-romaine-kyctapp-2025.