“The Supreme Court of Canada sent a warning to divorced parents on Monday that they better come clean when their income goes up, or they could face sizable retroactive child support bills, ” reports the Family Law Prof Blog. “The Supreme Court stopped short of ordering a duty to disclose salary increases automatically, but the...Read More
Although federal college financial aid amounted to $90 billion in 2004-2005, colleges provided $24 billion of their own money, and their treatment of stepparent income and non custodial income varies significantly. Some consider only the resources of biological or adoptive parents, some consider stepparent income only in the custodial household, and some collect income information...Read More
“The Kentucky child support statutes, like those of most states, provides a preference for prior-born children when calculating child support. In this case of first impression, the Kentucky Court of Appeals holds that this preference does not violate equal protection. ‘We agree with [other state] courts that the state’s interest in seeing that prior-born children...Read More
An interesting decision from New Jersey, digested by Charles Abut on the ABA Family Law listserve: J.R. v. L.R., ___ N.J. Super. ___ (App. Div.); New Jersey App. Div., July 17, 2006 “On the biological father’s appeal from an order requiring he and his daughter’s psychological father each to pay child support, held :Read More
Updates in Michigan Family Law blog nicely digests and links to the Roe v. Wade For Men 6th Circuit decision that was rendered this week, which rejected the theory as frivolous. We reported on this pending case in March, link here.Read More
Using financial planners to help divorcing parents deal with their children’s college expenses was the subject of a posting on the South Carolina Family Law Blog. In the states where there is no legal requirement for support beyond high school, as with Kentucky, perhaps the language of financial planners could help us convince parents (over...Read More
Rodney P. v. Stacy B., 169 SW3d 834 (Ky., 2005) Increase in obligor’s income does not warrant increase in child support where child is committed to the state. A parent cannot be obligated to pay both the state for the support of a child and the custodial parent. If the obligor becomes required to pay...Read More
Mattingly v. Mattingly, 164 SW3d 518 (Ky.App., 2005) Obligation to pay college for a child over 18 was not dischargeable in bankruptcy, even where mother failed to contest dischargeability in Bankruptcy Court.Read More
Combs v. Daugherty and Jennifer Combs, Real Party in Interest, 170 SW3d 424 (Ky.App., 2005) Discovery from child support obligor for purpose of recalculating child support is not permitted until a motion for modification of support is filed.Read More
Thompson v. Thompson, 172 SW3d 379 (Ky. 2005) Child support accrues as each installment becomes due and such fixed, liquidated debt is not subject to retroactive modification.Read More