FAMILY LAW – trial judge abused discretion in increasing child support: BELL V. CARTWRIGHT (1/16/2009)

Bell v. Cartwright
2008-CA-001137
01/16/2009
2009 WL 103230
Opinion by Judge Lambert; Judge Taylor and Senior Judge Graves concurred.

The Court vacated and remanded an order of the family court increasing appellant’s monthly child support obligation. The Court held that the family court abused its discretion in increasing the child support solely based on appellant’s increased income without supportive evidence of an increase in the child’s reasonable needs. The Court remanded with direction for the family court to address the modification under the proper standards set forth in Downing v. Downing, 45 S.W.3d 449 (Ky. App. 2001).