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

215 S.W.3d 69, 2006 Ky. App. LEXIS 226, 2006 WL 2034015
CourtCourt of Appeals of Kentucky
DecidedJuly 21, 2006
DocketNo. 2005-CA-001532-MR
StatusPublished

This text of 215 S.W.3d 69 (Kimbrough v. Commonwealth, Child Support Division ex rel. Belmar) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kimbrough v. Commonwealth, Child Support Division ex rel. Belmar, 215 S.W.3d 69, 2006 Ky. App. LEXIS 226, 2006 WL 2034015 (Ky. Ct. App. 2006).

Opinion

OPINION

SCHRODER, Judge.

This is an appeal from an order denying a father’s motion to set aside a prior order granting the mother’s motion for an increase in child support. The father argues that KRS 403.212(2)(g)(4) is unconstitutional as a violation of equal protection because it favors prior-born children over later-born children. He also argues that KRS 403.212(2)(g)(4) as applied in this case denies him due process of law because his child support obligation has been increased directly as a result of the failure of the father of the other parent’s prior-born child to pay child support. We reject both constitutional challenges and, thus, affirm.

This case began as a paternity action filed in 1995 by the mother, Shantrece Belmar, against Charles Alex Kimbrough regarding two children, Charles Kim-brough, born March 2, 1994, and Charna-sia Kimbrough, born March 3, 1995. Paternity was established and a child support order was entered requiring Charles to pay $62.25 a week. On March 15, 2005, Shantrece filed a motion for an increase in child support for child care costs and health care coverage. On June 20, 2005, the court entered an order increasing Charles’ child support obligation to $141.52 a week. On June 29, 2005, Charles filed a motion pursuant to CR 59.05 to set aside or modify the June 20, 2005, order. In the memorandum of law submitted in support of the CR 59.05 motion, Charles argued, apparently for the first time in the case, that KRS 403.212(2)(g)(4) was unconstitutional because it violated the equal protection and due process clauses of the United States and Kentucky Constitutions. Charles maintains that the statute is unconstitutional insofar as it allows the custodial parent to deduct an imputed child support amount for prior-born children in determining that parent’s gross income for purposes of calculating child support for later-born children. On July 12, 2005, the court entered an order denying the motion.2 This appeal by Charles followed.

Charles’ primary argument on appeal is that KRS 403.212(2)(g)(4) is unconstitutional as a violation of both the United States and Kentucky Constitutions’ right to equal protection and due process of law. The two factors used to determine the amount of child support under the guidelines in KRS 403.212 are “combined monthly adjusted parental gross income” and the number of children. KRS 403.212(2)(g) provides in pertinent part:

“Combined adjusted parental gross income” means the combined gross incomes of both parents, less any of the following payments made by the parent:
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4. A deduction for the support to the extent payment is made, if a parent is legally responsible for and is actually providing support for other prior-born children who are not the subject of a [72]*72particular proceeding. If the prior-born children reside with that parent, an “imputed child support obligation” shall be allowed in the amount which would result from application of the guidelines for the support of the prior-born children.

At the time of the motion for increase in support in this case, Shantrece had a 15-year-old child from a prior relationship of whom she had custody, and Charles had an 8-month-old child for whom he was financially responsible who resided with him in a current relationship. According to Charles, there was a child support order in the sum of $50 per week to be paid by the biological father of Shantrece’s 15-year-old child. However, the biological father of the child was apparently incarcerated and not paying child support. Thus, in determining Shantrece’s monthly adjusted parental gross income for purposes of calculating child support for the two later children, the court allowed Shantrece to deduct $413 as imputed child support for the prior-born child under KRS 403.212(2)(g)(4). This effectively increased the percentage of total child support that Charles was ordered to pay, and resulted in an increase of $50 a week in child support. Whereas, under that same statute, Charles was not entitled to deduct any imputed child support for his later-born 8-month-old child.

Charles argues that because KRS 403.212(2)(g)(4) allows the parent of a pri- or-born child to deduct imputed child support, but does not allow the same deduction for the parent of a later-born child whom the parent is financially responsible for, the statute denies the parent of the later-born child equal protection under the law. Charles also argues that it denies the later-born child equal protection because there are less financial resources available for the later-born child, effectively giving a benefit to the prior-born child at the detriment of the later-born child. Further, Charles argues that he is being denied his property without due process of law because he is essentially being forced to pay a greater amount of child support because the father of the prior-born child is incarcerated and is not paying child support, and Charles has no way to challenge the father’s failure to comply with the child support order.

A statute carries a strong presumption that it is constitutional. Wynn v. Hold, Inc., 969 S.W.2d 695 (Ky.1998). When the constitutionality of a statute is challenged, it is the appellate court’s responsibility to “draw all reasonable inferences and implications from the act as a whole and thereby if possible sustain the validity of the act.” Graham v. Mills, 694 S.W.2d 698, 701 (Ky.1985). The burden of establishing unconstitutionality of a statute rests upon the party challenging it. Stephens v. State Farm Mut. Auto. Ins. Co., 894 S.W.2d 624 (Ky.1995).

In analyzing the equal protection argument, we apply the rational basis standard of review because the claim does not involve a suspect classification or a fundamental right. Massachusetts Board of Retirement v. Murgia, 427 U.S. 307, 96 S.Ct. 2562, 49 L.Ed.2d 520 (1976); Earthgrains v. Cranz, 999 S.W.2d 218 (Ky. App.1999), overruled on other grounds, City of Louisville v. Slack, 39 S.W.3d 809 (Ky.2001). Under the rational basis standard, this Court must uphold a statute if the statutory classification bears some rational relationship to a legitimate state purpose. Weber v. Aetna Casualty & Surety Co.,

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Related

Dandridge v. Williams
397 U.S. 471 (Supreme Court, 1970)
Weber v. Aetna Casualty & Surety Co.
406 U.S. 164 (Supreme Court, 1972)
Massachusetts Board of Retirement v. Murgia
427 U.S. 307 (Supreme Court, 1976)
Heller v. Doe Ex Rel. Doe
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Gallaher v. Elam
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Wynn v. Ibold, Inc.
969 S.W.2d 695 (Kentucky Supreme Court, 1998)
Graham v. Mills
694 S.W.2d 698 (Kentucky Supreme Court, 1985)
Keith v. Hopple Plastics
178 S.W.3d 463 (Kentucky Supreme Court, 2005)
Feltman v. Feltman
434 N.W.2d 590 (South Dakota Supreme Court, 1989)
Stephens v. State Farm Mutual Automobile Insurance Co.
894 S.W.2d 624 (Kentucky Supreme Court, 1995)
Commonwealth v. Thompson
697 S.W.2d 143 (Kentucky Supreme Court, 1985)
Pohlmann v. Pohlmann
703 So. 2d 1121 (District Court of Appeal of Florida, 1997)
Earthgrains v. Cranz
999 S.W.2d 218 (Court of Appeals of Kentucky, 1999)
Fanelli v. Commonwealth
423 S.W.2d 255 (Court of Appeals of Kentucky (pre-1976), 1968)
City of Louisville v. Slack
39 S.W.3d 809 (Kentucky Supreme Court, 2001)

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Bluebook (online)
215 S.W.3d 69, 2006 Ky. App. LEXIS 226, 2006 WL 2034015, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kimbrough-v-commonwealth-child-support-division-ex-rel-belmar-kyctapp-2006.