Schoenbachler v. Minyard

110 S.W.3d 776, 2003 Ky. LEXIS 82, 2003 WL 1937101
CourtKentucky Supreme Court
DecidedApril 24, 2003
Docket1999-SC-0628-DG
StatusPublished
Cited by11 cases

This text of 110 S.W.3d 776 (Schoenbachler v. Minyard) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schoenbachler v. Minyard, 110 S.W.3d 776, 2003 Ky. LEXIS 82, 2003 WL 1937101 (Ky. 2003).

Opinions

Opinion of the Court by

Justice KELLER.

I. ISSUES

The primary issue in this appeal concerns the trial court’s calculation of Appel-lee’s gross income and its decision not to order either party to pay child support to the other. The trial court awarded the parties joint custody of their minor child. Although Appellee produced tax returns that reflected a monthly income substantially smaller than Appellant’s, the trial court found that Appellee’s “lifestyle and property exceeded that which could be obtained” from Appellee’s claimed monthly income, and accordingly surmised that Ap-pellee “had some additional income from [778]*778another source.” The trial court then imputed additional monthly income to Appel-lee, found that the parties had equal monthly incomes, and did not award child support to either party. The Court of Appeals vacated and remanded with directions for the trial court “to calculate child support based upon the documented income of the parties.” Appellant asks this Court to decide whether, in calculating child support obligations, trial courts must consider only documented income. While we believe that, in such cases, parties must file documented income statements, we do not interpret “income” so narrowly as to include only documented income. We therefore hold that, in making child support determinations, courts must consider all income proven by substantial evidence, regardless of whether that income is documented. We nonetheless affirm the Court of Appeals on this issue because we agree that the evidence in the case at bar did not support the trial court’s finding imputing additional monthly income to Appellee.

The other primary issue on appeal concerns the trial court’s calculation of Appellant’s nonmarital interest in the parties’ marital residence. Appellant contributed nonmarital funds of $6,188.00 towards the parties’ original purchase of the marital residence. When the parties later satisfied the original mortgage and refinanced the marital residence at a lower interest rate, Appellant contributed additional non-marital funds of $8,577.61 to reduce the principal balance and pay for closing costs. In determining Appellant’s non-marital interest in that property, the trial court considered only Appellant’s contribution towards the original purchase of the residence, and not his contribution at the time of refinancing. The Court of Appeals found no error and affirmed. Did Appellant’s refinancing contribution give him an additional nonmarital interest in the marital residence? We hold that, to the extent that Appellant’s nonmarital contribution at the time of refinancing increased the parties’ equity in the marital residence, the contribution shall be considered in determining Appellant’s nonmari-tal interest in the property. However, to the extent that those nonmarital funds were applied to closing costs that did not increase the parties’ equity, they shall not be considered in determining Appellant’s nonmarital interest in the property.

II. FACTUAL BACKGROUND

The parties were married in 1989. Approximately four and one-half (4½) years later, in 1994, and after the birth of one (1) child, the parties separated, and Appellee filed a petition for dissolution of their marriage. The trial court dissolved the parties’ marriage, and after a contested trial in 1996, the trial court divided the parties’ property, assigned the marital debts, and awarded the parties joint custody of their minor child.

Appellant’s income is not disputed. He claimed, and documented, a gross monthly income of $3,333.33 from a bi-weekly salary of $1,538.46 from employment in the construction industry, and he testified that he had no other income. Appellee claimed total monthly income of $1,740.00. She produced income tax returns to substantiate $1,710.00 of her claimed monthly income, and she testified to additional monthly income of $30.00 from the sale of Kentucky Derby tickets. However, after finding that her “lifestyle and property exceeded that which could be obtained” from her claimed income, the trial court theorized that Appellee “had some additional income from another source” and imputed additional monthly income to Ap-pellee in an amount “at a minimum, the equivalent of [Appellant’s].” Accordingly, and after making the additional finding that the child’s time was to be equally [779]*779divided between the parties, the trial court did not order either party to pay child support to the other:

An award of child support shall be made pursuant to KRS 403.210. KRS 403.212(2) provides that “gifts” are to be included in gross income, and Angela has acknowledged the receipt of substantial gifts from friends and family. In addition, Angela clearly has cash flow in excess of IRS reported income, and has admitted to receiving income from the scalping of tickets and placing bets with bookies. While she protests that she has never made significant money from these activities, the testimony that she no longer engages in these activities is likewise unbelievable. This Court has a right to impute income to the Petitioner for the purposes of assigning child support and will do so. Given however the limited and speculative proof tendered as to the additional amounts she is given and “earns” however, and given their relatively equal time sharing afforded each parent, this Court will impute Petitioner’s income to be, at a minimum, the equivalent of respondent’s, thereby negating any necessity for either party to pay support to the other.

Appellee filed a motion for the trial court to reconsider its findings, and the trial court did so only to the extent that it clarified its finding that Appellee “admitted to receiving income from the scalping of tickets and placing bets with bookies.” However, the trial court continued to impute income to Appellee and reaffirmed its finding that the parties had equal incomes:

Petitioner requests in her Motion to Reconsider that the Court delete language in its Findings and Conclusions to the effect that she “told the Court” she had income from bookmaking and gambling. Petitioner contends that such was not her testimony. She claims she was never a bookmaker, and had quit gambling in the Fall of 1994 because she failed to make any money.
To clarify, the Court acknowledges that it is not entirely accurate to say that Petitioner “told the Court” she made money from bookmaking and gambling, and will therefore delete the language. The Court emphasizes, however, that it still finds that Petitioner had income from other sources than her waitressing job. While Petitioner did not “tell the Court” that she made money from bookmaking, gambling, and scalping tickets, it is evident that she engaged in some, if not all, of those activities. It is also evident that her lifestyle and property reflected an income greater than her W-2’s and tax returns indicated. The Court thus inferred that Petitioner had some income from her gambling and ticket scalping activities.
Second, in her Motion to Reconsider, Petitioner complains that this Court incorrectly found her income to be approximately the same as Respondent’s. Rather, she contends that her gross income is far less than Respondent’s, at $1,740.00 per month from her waitress-ing job.

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Schoenbachler v. Minyard
110 S.W.3d 776 (Kentucky Supreme Court, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
110 S.W.3d 776, 2003 Ky. LEXIS 82, 2003 WL 1937101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schoenbachler-v-minyard-ky-2003.