Published Child Support Opinion from Ky Court of Appeals August 28, 2015

Journal Categories

BOOTES V. BOOTES

Wife argued that the Trial Court erred by failing to include Husband’s income from a second business in its child support calculation. Husband ran a second business and gifted all his proceeds to his father. The Appellate Court held that the Trial Court erred by excluding the income from its child support calculation. Income from a small business, even if given away, is still income pursuant to KRS 403.212(2)(c). The Trial Court should have calculated the gross receipts of the business and subtracted the necessary expenses to determine the gross income to include in its child support calculation.

Wife also argued that the Trial Court erred when calculating the amount of income she was capable of earning. The Appellate Court affirmed the Trial Court, finding the Trial Court took appropriate factors into consideration when imputing income, including work history, prior income, and Wife’s new job. Next  Wife argued that the Trial Court erred by denying her maintenance and attorney fees. The Appellate Court again affirmed the Trial Court finding there was no abuse of discretion.

Digested by Elizabeth M. Howell

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