Plattner v. Plattner, child support in 50/50 timesharing where parents have equal income

Plattner v. Plattner, Kentucky Court of Appeals, rendered: June 29, 2007

Dad appealed a trial court’s order refusing to alter the amount of child support owed to his children’s mother. Originally, mom was designated as the primary residential custodian of the parties’ two children and dad was ordered to pay child support. Eventually, the parents entered into an agreed order and shared the children exactly fifty percent of the time. Additionally, the parties earned approximately the same amount of money.

The CA reversed and remanded the case to the trial court. The CA opined that under KRS 403.211(2) and (3) the trial court may deviate from the child support guidelines when it finds that their application would be unjust or inappropriate. The CA held that the TC ruling was in error because the parties had equal custody and made equal amounts of money.

The court distinguished the instant case from Downey v. Rogers, 847 S.W.2d 63 (Ky.App. 1993). In Downey, unlike the instant case, the father had agreed to pay a portion of his child support obligation. Additionally, he earned twice as much money as the children’s mother.

Digested by Linda Dixon Bullock, Diana L. Skaggs + Associates