Leathers v. Ratliff

925 S.W.2d 197, 1996 Ky. App. LEXIS 109, 1996 WL 354029
CourtCourt of Appeals of Kentucky
DecidedJune 28, 1996
DocketNo. 94-CA-002400-MR
StatusPublished
Cited by5 cases

This text of 925 S.W.2d 197 (Leathers v. Ratliff) 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
Leathers v. Ratliff, 925 S.W.2d 197, 1996 Ky. App. LEXIS 109, 1996 WL 354029 (Ky. Ct. App. 1996).

Opinion

EMBERTON, Judge.

Richard Leathers brings this appeal from the judgment of the Pike Circuit Court entered May 17,1994. He challenges the order which provided:

That the Petitioner, Richard Edward Leathers, continue to make the child support payments ordered by this Court in that his son is not now married, his son is a high school student, and that said obligation to pay support shall continue while the parties’ son is a high school student but not beyond that school year in which [198]*198the parties’ son reaches the age of nineteen (19) years.

For the reasons that follow, it is our opinion the order was proper. We affirm.

Richard and Brenda Leathers were married on March 4, 1975. One child, Joseph Edward, was born of the marriage on April 29,1976. In December of 1977, Richard filed a Petition for Dissolution of Marriage. A supplement decree entered May 3, 1978, awarded permanent custody of two-year-old Joseph to his mother. The decree provided: “Petitioner [Mr. Leathers] is ordered to pay the Respondent [Mrs. Leathers] for the maintenance and care of said child the sum of $225.00 per month, until further orders of this Court.”

In his preschool years, Joseph was diagnosed as suffering from attention deficit disorder. The record reveals that through the years he has had great difficulty with his emotional and educational development. In consultation with his physicians and the school authorities, Mrs. Leathers made the decision to have her son repeat second grade in the school year of 1984-85. Consequently, Joseph was still attending high school when he became eighteen years old. Based upon these facts, Mrs. Leathers made application to the court that child support continue pursuant to Ky. Rev. Stat. (KRS) 403.213(3).

KRS 403.213(3)1 became effective on July 14,1992, and provides in pertinent part:

Unless otherwise agreed in writing or expressly provided in the decree, provisions for the support of a child shall be terminated by emancipation of the child unless the child is a high school student when he reaches the age of eighteen (18). In cases where the child becomes emancipated because of age, but not due to marriage, while still a high school student, the court-ordered support shall continue while the child is a high school student, but not beyond completion of the school year during which the child reaches the age of nineteen (19) years.

Although it has not gone unnoticed by this court that Mr. Leathers exhibits an uncommon lack of caring and sensitivity to his son’s learning disability, as well as a total lack of understanding of the additional responsibility carried by the custodial parent, he raises a valid question of law.

The appellant’s central argument is that to extend his child support obligation by the application of KRS 403.213(3) runs afoul of KRS 446.080(3) which provides: “No statute shall be construed to be retroactive, unless expressly so declared.” Mr. Leathers claims that because the decree was entered in 1978, the duration of his support obligation is controlled by the statute in effect at that time; namely KRS 403.250(3)2 which provided in pertinent part:

Unless otherwise agreed in writing or expressly provided in the decree, provisions for the support of a child are terminated by emancipation of the child but not by the death of a parent obligated to support the child.

In 1978, the date the original child support order was entered, KRS 2.015 was in effect. The statute defines the legal “age of majority” in Kentucky as eighteen;3 thus, Mr. Leathers maintains the court lacked authority to order him to pay support beyond his son’s eighteenth birthday.

We have reviewed a line of eases stemming from the legislature’s reduction of the age of majority from twenty-one to eighteen in 1964. At first reading, several of these cases seem to support Mr. Leathers’ position that the statute in effect on the date the decree was entered controls. See Showalter v. Showalter, Ky., 497 S.W.2d 420 (1973); Worrell v. Worrell, Ky., 489 S.W.2d 817 [199]*199(1973); Collins v. Collins, Ky., 418 S.W.2d 739 (1967); and Wilcox v. Wilcox, Ky., 406 S.W.2d 152 (1966). However, upon closer scrutiny, and when read in conjunction with other cases grappling with the issue, it is evident the holdings turned on an interpretation and enforcement of the parties’ contractual intent at the time their agreements regarding support were entered. The agreements in Showalter, Worrell, Collins and Wilcox utilized language to the effect that the support would continue until the child reached the “age of majority” or for so long as the child was an “infant.”

In those eases, the court recognized that at the time the parties entered into their respective agreements the age of majority was statutorily defined as twenty-one not eighteen. In construing the contract, and the manner in which it was to operate, the court acknowledged that the parties’ intent at the time of the agreement governed. To determine that intent it was necessary to consider the circumstances at the time the contract was executed. See Parrish v. Newbury, Ky., 279 S.W.2d 229 (1955) and Jones v. Linkes, Ky., 267 S.W.2d 936 (1954). Accordingly, because the age of majority at that time was statutorily defined and established as being twenty-one, the court found it to be the age the parties’ intended with respect to the duration of the support obligation. Thus, despite the subsequent enactment of KRS 2.015 which, when read together with KRS 403.250, limited the court’s authority to require payment of child support beyond age eighteen, the court could nevertheless enforce a party’s contractual agreement to pay support beyond that point.

On the other hand, Young v. Young, Ky., 413 S.W.2d 887 (1967) and Blackard v. Blackard, Ky., 426 S.W.2d 471

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Bluebook (online)
925 S.W.2d 197, 1996 Ky. App. LEXIS 109, 1996 WL 354029, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leathers-v-ratliff-kyctapp-1996.