Admonishing the Bar for Failure to Follow Appellate Rules; Affirming Child Support Obligation Under Manifest Injustice Review – Published Opinion from Ky. Court of Appeals

Clark v. Workman

Father appealed Family Court’s child support order requiring him to pay child support to Mother. The Kentucky Court of Appeals first admonished the bar for noncompliance with the Rules of Appellate Procedure, describing the pervasiveness of the problem, which is continuously on the rise. Because Father’s brief violated at least 11 rules, the Court of Appeals reviewed for manifest injustice only.

Father earned $6,666.67 per month, and Mother earned $1,819.86 per month, for which the Child Support Guidelines would yield a base support obligation of $1,410.00, which became $2,284.96 including childcare and health insurance premiums. Father’s share of the obligation was $1,362.26. Family Court deviated from the guidelines due to the equally shared parenting time arrangement, such that Father’s obligation was $859.57. The Court of Appeals held that reducing Father’s child support obligation does not constitute manifest injustice.

Digested by Nathan R. Hardymon

Recent Posts

Senior man sitting alone in his home
Divorce and Hidden Assets
August 10, 2020
Together in the living room at home
Hearsay in Custody Evaluation Report Admissible When KRS 403.400 Followed; Appointment of FOC Amounts to Finding that FOC Qualified to Render Expert Opinion Concerning Parental Fitness and Custody Arrangements – Published Opinion from Supreme Court of Ky.
July 29, 2020
Flag of Kentucky
Affirming Denial of Writ of Prohibition and the UCCJEA – Published Opinion from Ky. Supreme Court
July 24, 2020