Kentucky Child Support Above the Guidelines Revisited
In March, I wrote about Kentucky Child Support Above the Guidelines. At that time, the Kentucky Supreme Court heard Oral Arguments in McCarty v. Faried. As you may recall, the father in the case was Kenneth Faried, a Morehead State basketball star who has gone on to success with the Nuggets. At the beginning of last month, the Supreme Court ruled in the case. They overruled the Court of Appeals and supported the Trial Court.
The facts of the case are as follows: McCarty earns $1,050 per month from part-time employment at a gas station; Faried earns $1,434,665 from the NBA and $197,240 from an endorsement contract each year; McCarty believed that $5,000 per month in support would be sufficient to support the parties’ daughter; and Faried believed that $2,575 would be sufficient as he contended that many of McCarty’s expenses were “speculative”. The Trial Court ultimately ruled that $4,250 per month was an appropriate level of support and set forth specific supportive findings for the award, including a categorical list of the child’s needs and a detailed contrast of the child’s lifestyle with each parent.
Ultimately, the Supreme Court held that the Trial Court made specific findings about the child’s needs and supported those findings with the evidence submitted by the parties. Where the Court of Appeals had believed that the Trial Court had run afoul of prior case law, the Supreme Court found no error (and issued a cautionary statement about the interpretation of those cases).
So, for those of you keeping score, the rulings are now as follows:
- In Ciampa v. Ciampa, a Court of Appeals case in which the Father earned $817,673 per year and the Mother earned $52,404, Child Support in the amount of $5,800 per month was acceptable.
- In Ali v. Saed, a Court of Appeals case in which the Father earned $385,000 per year and the Mother received spousal support of $5,000 per month, Child Support in the amount of $3,500 was acceptable.
- In McCarty v. Faried, a Supreme Court Case in whihc the Father earned $1,631,905 and the Mother earned $12,600, Child Support in the amount of $4,250 per month was acceptable.
A few points of interest: 1) Mr. Faried’s new NBA contract is for around $12,000,000 (so he got a bargain), 2) the Supreme Court notes, with interest, that Mr. Faried’s fines of $12,000 in 2012 were for technical fouls (Kentucky is truly basketball obsessed), and 3) the Supreme Court uses the child’s name (which is not supposed to happen).
If your family is going through a change, please feel free to give me a call. Also, please feel free to learn more at jrlloydlaw.com or thelouisvilledivorceattorney.com or thelouisvilledivorcelawyer.com if you are not ready to talk. Thanks for reading.