Trial court incorrectly imputed Father’s potential income, Ky Court of Appeals Opinion

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The trial court set child support based on Mother’s annual income of $46,000, imputing the same income to Father. Father appealed arguing that the trial court erred by “denying him an adequate hearing before it determined whether he was voluntarily unemployed or underemployed” and “imputing income to him in an amount based solely upon [Mother’s] annual earnings.”

The Court of Appeals vacated the judgment and remanded for further proceedings agreeing with Father holding that the court incorrectly based Father’s potential income solely upon Mother’s annual income in violation of KRS 403.212(2)(d).

 Digested by Elizabeth M. Howell.