720 S.W.3d 885
Ky. Ct. App.2025Background
- Chad and Haley Herl divorced in 2022; their Marital Settlement Agreement (MSA), incorporated into the final decree, expressly provided that no child support would be set and that daycare/child expenses would be shared equally.
- In October 2023 Haley moved to set child support and submitted paystubs, childcare receipts, and a proposed worksheet calculating support.
- At the March 1, 2024 hearing both parties testified they remained in the same jobs, the parenting schedule was unchanged, and Chad disputed any material change in circumstances; Haley testified Chad had been inconsistent in reimbursing shared child expenses.
- The family court entered an order on March 6, 2024 setting child support at $754/month retroactive to November 1, 2023, and created an arrearage, but made no findings about a material change in circumstances or whether the statutory presumption under KRS 403.213(2) was rebutted.
- The Court of Appeals vacated and remanded, holding that (1) the MSA/decree was a "decree respecting child support" governed by KRS 403.213, (2) the 15% statutory presumption applied because the guideline amount exceeded $0 by more than 15%, and (3) the family court failed to make the required findings on whether that presumption was rebutted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the family court could set child support without finding a "material change in circumstances that is substantial and continuing" under KRS 403.213(1). | Haley: The decree incorporated an MSA but KRS 403.213 governs modifications; she met statutory prerequisites to seek support. | Chad: The MSA expressly waived support; Haley has not shown a material change—this is a change of heart, not circumstances. | Court: Family court erred—KRS 403.213 applies; it must make findings on material change. Order vacated and remanded. |
| Whether the rebuttable presumption in KRS 403.213(2) (>=15% guideline change) applies when prior obligation was $0 by agreement. | Haley: Guideline calculation from $0 to $754 exceeds 15%, so the statutory presumption of material change applies. | Chad: A prior agreed waiver of support precludes the 15% presumption; Thomas supports that presumption does not apply when no prior child-support order exists. | Court: Follows Nelson and Tilley—presumption applies even when prior agreed support was $0; presumption is rebuttable. Remand to determine whether Chad rebutted it. |
Key Cases Cited
- Martin v. Cabinet for Health & Family Servs., 583 S.W.3d 12 (Ky. App. 2019) (decree incorporating waiver is a decree respecting child support; KRS 403.213 applies)
- Nelson v. Ecklar, 588 S.W.3d 872 (Ky. App. 2019) (15% presumption applies where prior agreed order provided $0 support)
- Tilley v. Tilley, 947 S.W.2d 63 (Ky. App. 1997) (a 15% discrepancy between existing obligation and guideline amount gives rise to a rebuttable presumption of material change)
- Wilson v. Inglis, 554 S.W.3d 377 (Ky. App. 2018) (standard of review: abuse of discretion for child support modifications)
- Anderson v. Johnson, 350 S.W.3d 453 (Ky. 2011) (family courts must enter findings of fact and conclusions of law on modification motions)
- Ak Steel Corp. v. Adkins, 253 S.W.3d 59 (Ky. 2008) (rebuttable presumptions are governed by KRE 301)