Family Law – material change per KRS 403.213 to modify child support: Howard v. Howard (COA 6/12/2009)

Howard v. Howard
2008-CA-001059 06/12/2009 2009 WL 1635137 DR Pending

Opinion by Senior Judge Lambert; Judges Clayton and Thompson concurred. The Court affirmed an order of the trial court denying a motion to modify a prior child support order and holding appellant in contempt for failure to comply with a provision of a divorce decree requiring him to pay toward a deficiency judgment arising from the repossession of an automobile. The Court first held that appellant failed to meet the requirements of KRS 403.213 to put forth the necessary evidence required to establish a material change in circumstances requiring modification of the child support obligation. The Court next held that 11 U.S.C. § 523(a)(15) was applicable to deny discharge in bankruptcy of the automobile debt agreed to by the parties and imposed by the court’s final decree. Thus, the trial court did not err in resolving this issue. The Court finally held that the trial court did not abuse its discretion in awarding attorney’s fees based on its resolution of the other issues.