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Child Support Above Ky Guidelines: McCarty v Faried

Attached is a recent case from Bath County, Kentucky about child support and high earning individuals. the case involved a professional athlete, NBA star Kenneth Faried, and the mother of his child, Rebekah McCarty. McCarty v Faried is the case which the trial court ordered monthly support of over $4,000.  The trial court's award was originally overturned by the Court of Appeals, but was again reversed, thereby affirming the trial court order by the Kentucky Supreme Court.  (If you are confused, the Supreme Court upheld the $4,250 monthly child support award). The crux of the case hinged on combined income in excess of the Kentucky child support guidelines.  Because the table ends at $15,000 in combined monthly income, KRS 403.212(5) provides: "The court may use its judicial discretion in determining child support in circumstances where combined adjusted parental gross income exceeds the uppermost levels of the guideline table." SUMMARY: Mother and Father were not married when Mother gave birth to their daughter in 2010. In 2012, Mother filed a motion for child support.  At trial in 2013 the trial court established joint custody and directed Father to pay $4,250 a month in child support. The order made the monthly amount retroactive to 2012 and calculated back child support to be $24,100. The Court of Appeals vacated and remanded the trial court's award of child support, concluding that the trial court abused its discretion by not basing its award on the child's reasonable needs as set out in the court's "specific supporting findings" and that some of Mother's requests for support were speculative. The Supreme Court reversed the Court of Appeals and reinstated the circuit court's orders, holding (1) the Court of Appeals imposed an overly burdensome standard; (2) child support in the amount of $4,250 is reasonable and in the child's best interest; and (3) the trial court did not err in making the order retroactive.

This case is important to understand that the support can include additional expenses not traditionally included in child support.  For example, the mother's housing, vehicle, insurance were included to calculate support.  Traditionally, only food, extra cost of housing and child expenses would have been included and those other costs would only be allocated as spousal maintenance in a divorce action.

Read full case annotation by clicking above.  For consultation or representation regarding custody and child support, whether in divorce or unmarried, contact Michael Bouldin at [email protected] or call 581-MIKE.  859-581-6453.

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