Law Office Memorandum

TO: Ms. Kramer

FROM: Cathy McDermott

DATE: October 5 2024

RE: Ms. Pearl- Joint Custody and Child Support

Outline with relevant authorities

Kentucky Revised Statutes, Chapter 403

Briggs v. Clemons, Ky.App., 3 S.W.3d 760 (1999)

Squires v. Squires, Ky., 854 S.W.2d 765 (1993)

Krugler, Amanda. "Kentucky's Default Joint Custody and Equal Parenting Time:

Special Interest Lobbying in Child Custody." SSRN Electronic Journal, 2019, doi:10.2139/ssrn.3524601.

Issues

What is joint custody and if it truly means equal time?

Whether a court could and would be likely to award joint custody in the situation.

Whether any parent would still pay child support even if both parents share custody.

How does the court go about determining who pays child support and how much they have to pay?

Brief Answer

The KRS 403.270 provides that custody cases shall be determined by the court with the child's best interests and equal consideration to both parents and any de facto custodian being paid regard to. The laws provided for a rebuttable presumption that joint custody and equal parenting time is in the child's best interests. Further, the KRS proceeds to list the factors to be taken into consideration when making a child custody order. In Squires v Squires, the court stated that joint custody was in the best interests of the child despite the fact that the parents were not willing to cooperate. Under the laws of Kentucky, both parents have the responsibility to financially support the children but the parent without custody is in most cases required to make the payments. Under 403.211 child support can be initiated by the parent or custodian, and further reference is made to child support guidelines which provide for terms applicable in calculations. The guidelines provide that the courts should consider factors such as the gross income of the parents, the number of children in the family and their special needs, etc. when making child support orders.

Statement of Facts

Mr. Red White and Mrs. Pearl White have been married for 13 years and have been blessed with two children; Crystal, age 12, and Ivory, age 9. They decided to obtain a divorce and have been living apart for the last five months with Ms. Pearl living in the matrimonial home and Mr. Red in an apartment. Red is a corporation vice-president and has an annual income of $100,000 whereas Pearl is a homemaker who has not worked outside the home for 13 years. There have been several arguments between the two concerning custody and child support of the two children. KRS 403.270 provides for joint custody and equal parenting time, which can be granted by the court at its discretion after considering the circumstances listed therein. In Briggs v Clemons, the parents were awarded equal parenting time for their children and the case further provided for grounds under which joint custody can be modified, that is, where the health and physical well-being of the child are in jeopardy. The general rule is that the child's best interests of the child are paramount in making the decision concerning custody. The laws further stipulate that joint custody and equal parenting time are for the child's best interests and can, therefore, proceed to issue joint custody even in situations where the parents are not in agreement. In Squires v Squires, the parents were granted joint custody after the courts assessed the importance of joint custody to the child such as shared decision making. The parents had a four-year-old son and they could not settle on custody when they divorced. In Briggs, the court overturned the principles in Mennemeyer which was hinted at sole custody and opposed to joint custody where there was bad faith by the parents to cooperate. Further, in disagreeing with the principles of Mennemeyer, the court in Scheer v Zeigler, stated that joint custody is in the best interests of the child and where its modification would further such interests then the modifications can be permitted. On child support, the laws provide that a parent or custodian can apply for the same and in most situations, the parent without custody may be required to make the payments. The courts look at the income of the parents, the number of children when making child support orders and calculations are undertaken as per the provisions of the guidelines.

How can I make this interoffice memo better and add 2 cases cited to it?