Carver v. Carver

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One year after their son was born with Down Syndrome and other serious health issues Lance Carver filed for divorce from Michelle Carver. The parties settled the division of their property and custody, support and visitation, but neither the decree nor the property settlement agreement stated a specific amount of child support. Michelle later asked the court to set a specific amount according to the statutory guidelines. The Boyd County Domestic Relations Commissioner (DRC) deviated from the guidelines and set Lance’s child support obligation at $60 per month based on his living expenses. The circuit court and court of appeals affirmed. The Supreme Court (1) affirmed the court of appeals’ conclusion that a deviation from the guidelines was appropriate under the facts of this case; but (2) reversed of portion of the opinion holding that the DRC did not abuse her discretion in setting Lance’s child support at $60 per month based on Lance’s living expenses, as the trial court should first ascertain what is a reasonable amount of support for the child and then determine how much of that support should be the responsibility of each parent. Remanded. View "Carver v. Carver" on Justia Law