Kimbrough v. Commonwealth of Kentucky, Child Support Division ex rel. Belmar

215 S.W.3d 69 (2006)

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Kimbrough v. Commonwealth of Kentucky, Child Support Division ex rel. Belmar

Kentucky Court of Appeals
215 S.W.3d 69 (2006)

Facts

Two children were born to Shantrece Belmar (plaintiff) and Charles Kimbrough (defendant) while Belmar had custody of an older child from a prior relationship (prior-born child). The father of the prior-born child was incarcerated and therefore did not pay child support. In 1995, Belmar filed a paternity action against Kimbrough to establish the paternity of the two children, who lived with Belmar. The court established Kimbrough’s paternity of the two children and ordered Kimbrough to pay child support. In 2004, a later-born child was born to Kimbrough and his new partner, and this later-born child lived with Kimbrough. In 2005, Belmar filed a motion to increase Kimbrough’s child support for their two children based on the increased cost of living. Pursuant to the child-support guidelines, in calculating the increased amount of child support for Kimbrough and Belmar’s two children, the trial court deducted $413 in imputed child support from Belmar’s gross income to represent the cost of support that Belmar provided to her prior-born child. That calculation increased Kimbrough’s child-support amount by $50 per week. The child-support guidelines did not allow a deduction from Kimbrough’s gross income to represent the cost of support Kimbrough provided to his later-born child. Kimbrough appealed, arguing that the statute violated his equal-protection rights because he was not allowed to deduct the cost of support Kimbrough provided to his later-born child, while Belmar was permitted to deduct the cost of support she provided to her prior-born child.

Rule of Law

Issue

Holding and Reasoning (Schroder, J.)

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