Smith v. Smith
2014 Ky. App. LEXIS 83
| Ky. Ct. App. | 2014Background
- Janet Smith (now Milby) appeals post-dissolution orders from Taylor Circuit Court affirming property division and child-support decision.
- The dissolution decree was entered in 2001 after a long, contentious history including final property hearings in 2003 and numerous motions up to 2010.
- Janet claimed several nonmarital-assets issues (pre-marital funds and pensions) and disputing valuation, distribution, and a back-child-support amount of $15,385.65.
- The court found a joint venture during cohabitation (1979–1984) and divided marital assets while characterizing certain pre-marital assets as nonmarital or jointly owned; Janet failed to prove nonmarital tracing.
- The appellate court affirmed, reviewing nonmarital tracing, joint venture, property valuation, debt allocation, and back-child support, and found no clear error in the trial court’s discretion.
- The record on appeal did not certify video recordings, so the court relied on the certified record and found missing portions supported the trial court’s decisions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Nonmarital vs. marital property characterization | Janet argues pre-marital funds and stock were nonmarital and should be restored | John contends commingling and joint venture during cohabitation render assets marital | affirmed trial court’s characterization and joint-venture finding |
| Tracing nonmarital assets (15,000; 47,333.33; 16,077.41) | Janet seeks restoration of nonmarital portions | Assets were commingled or lacked sufficient proof of nonmarital origin | trail court’s tracing rejected; no restoration awarded |
| Miscellaneous property distribution decisions (withdrawals, car repair, personal property valuation) | Janet challenges allocations and valuations | Court acted within discretion with appropriate valuation methods | affirmed; no abuse of discretion in those rulings |
| Back child support payment amount | John overpaid/incorrect income data | Trial court had discretion; data supported its decision | affirmed; back-child-support amount stands |
| Use of video-recordings and completeness of record on appeal | Requests review of hearings via videotapes | Record cert lacked video designations; missing portions assumed in favor of trial court | record deemed sufficient; missing video portions not reviewable |
Key Cases Cited
- Chenault v. Chenault, 799 S.W.2d 575 (Ky. 1990) (tracing nonmarital funds into marital assets; burden to prove nonmarital status)
- Sexton v. Sexton, 125 S.W.3d 258 (Ky. 2004) (definition of tracing; burden of proof; nonmarital property during marriage)
- Akers v. Stamper, 410 S.W.2d 710 (Ky. 1966) (joint venture/partnership implied ownership of assets)
- Ensor v. Ensor, 431 S.W.3d 462 (Ky.App. 2013) (guidance on division of marital vs nonmarital property)
- Davis v. Davis, 777 S.W.2d 230 (Ky. 1989) (discretion in property division; not required to be equal)
- Neidlinger v. Neidlinger, 52 S.W.3d 513 (Ky. 2001) (assignment of debts; factors guiding allocation)
- Polley v. Allen, 132 S.W.3d 223 (Ky. App. 2004) (relaxed tracing standard for nonmarital property)
- Commonwealth v. Thompson, 697 S.W.2d 143 (Ky. 1985) (record completeness; omission presumption in appeal)
- Travis v. Travis, 59 S.W.3d 904 (Ky. 2001) (source-of-funds rule; tracing concepts)
- Smith v. Smith, 235 S.W.3d 1 (Ky. App. 2006) (standard of review CR 52.01; credibility of witnesses)
- Downing v. Downing, 45 S.W.3d 449 (Ky. App. 2001) (abuse of discretion standard in child-support matters)
- English v. Commonwealth, 993 S.W.2d 941 (Ky. 1999) (broad discretion in domestic relations rulings)