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Downing v. Downing

Court of Appeals of Kentucky
45 S.W.3d 449 (2001)


Facts

When Donald Downing (defendant) and Sharon Downing (plaintiff) divorced in 1992, Mrs. Downing was awarded sole custody of their two children. In 1998, Mrs. Downing moved the court to increase Mr. Downing’s child-support obligations on the ground that his monthly income had increased from $40,000 to $57,000. The Domestic Relations Commissioner (DRC) increased the support payment to $3,745 per month, based on an application of the state child-support guidelines to a calculation of the Downings’ combined monthly income. The guidelines only specified child-support payments for monthly incomes up to $15,000, but they permitted deviations from the schedule where parental incomes exceeded $15,000 per month. To reach the $3,745 per month amount, the DRC noted that child support at the upper end of the guidelines reflected approximately four percent of parental monthly income. Thus, the DRC calculated four percent of the Downings’ monthly income above $15,000 and added such amount to the child-support rate based on a $15,000 monthly income. Both parties appealed.

Rule of Law

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Issue

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Holding and Reasoning (Knopf, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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