McGregor v. McGregor
2011 Ky. App. LEXIS 30
| Ky. Ct. App. | 2011Background
- Lisa and Todd McGregor married on October 14, 1989 and have two children, Cameron (b. 1995) and Lauren (b. 1998).
- Lisa petitioned for dissolution in March 2008 seeking joint custody, child support, division of property, and maintenance.
- Temporary orders in June 2008 provided joint custody with roughly 50% time for each parent according to Todd's flight schedule and required Todd to pay $150 weekly maintenance plus shared expenses.
- A bench trial occurred October 9, 2008; the decree dissolving the marriage was entered January 6, 2009 with findings on custody, support, maintenance, and property division.
- Lisa moved to alter the findings; after amendments, the trial court allowed an appeal; the court of appeals affirmed the judgment.
- The trial court continued an equally shared custody schedule and imputed income to Lisa for support and maintenance purposes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the shared custody schedule was an abuse of discretion | McGregor contends the schedule is too restrictive and unworkable. | McGregor argues the schedule serves children's best interests and is supported by Todd's flight schedule. | No abuse; schedule supported by evidence |
| Whether imputing income to Lisa for support and maintenance was proper | Lisa argues she is not underemployed and should not be imputed. | Todd contends Lisa is voluntarily underemployed and capable of earning more. | Imputation upheld; Lisa found underemployed and capacity considered |
| Whether deviation from child support guidelines was justified | Lisa challenges deviation from guidelines given shared custody. | Todd supports deviation due to shared parenting and health insurance payments. | Deviation affirmed based on shared custody and related factors |
| Whether maintenance of $2,000 per month for seven years was appropriate | Lisa asserts maintenance inadequate in amount/duration. | Todd claims the award is excessive in amount and duration. | Maintenance supported; seven-year term reasonable given circumstances |
| Whether the debt assignment was fair | Lisa objects to bearing home equity line, mortgage share, and personal cards. | Todd argues the court properly allocated marital debts. | Debt division affirmed as not manifestly unfair |
Key Cases Cited
- Drury v. Drury, 32 S.W.3d 521 (Ky.App.2000) (manifest abuse standard in parenting schedules)
- Sherfey v. Sherfey, 74 S.W.3d 777 (Ky.App.2002) (substantial evidence standard for custody)
- Plattner v. Plattner, 228 S.W.3d 577 (Ky.App.2007) (deviation from guidelines permitted with justification)
- Downey v. Rogers, 847 S.W.2d 63 (Ky.App.1993) (consideration of time with each parent in support deviations)
- Evans v. Evans, 45 S.W.3d 523 (Mo.App.2001) (imputing income for maintenance purposes)