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

100 Dollar Bill


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. 

Recent Posts

Kentucky Court of Appeals Affirms Barren Family Court Order Holding Cabinet in Contempt After it Fails to Return Child to North Dakota
March 27, 2023
Kentucky Court of Appeals reverses Marion Circuit Court, holds that tax credit for child goes to parent with higher adjusted gross income if parents are joint custodians with equal timesharing
March 27, 2023
Kentucky Court of Appeals reverses Allen Family Court, vacates IPO extension based on insufficient written findings to support evidence of stalking by Respondent
March 20, 2023