Downing v. Downing
Court of Appeals of Kentucky
45 S.W.3d 449 (2001)
When Donald and Sharon Downing divorced in 1992, Sharon (plaintiff) got sole custody of their two children. In 1998, she sought more child support after Donald's (defendant) income rose from $40,000 to $57,000 per month. Because Kentucky's guidelines only set support amounts up to $15,000 in monthly income, the Domestic Relations Commissioner calculated the increase by taking the guidelines' roughly 4% support rate at the top income level and simply applying that same 4% to all of Donald's income above $15,000, arriving at $3,745 per month. Both parties appealed.
Whether a court has discretion to increase child support above the guidelines' income ceiling based solely on a mathematical projection of the guidelines formula, without separately considering the children's needs and the family's standard of living.