Sunday, July 23, 2006

Case Law Development: Child Support First-Family Preference Does Not Violate Equal Protection

The Kentucky child support statutes, like those of most states, provides a preference for prior-born children when calculating child support.  In this case of first impression, the Kentucky Court of Appeals holds that this preference does not violate equal protection. 

We agree with [other state] courts that the state's interest in seeing that prior-born children are provided for is a rational basis for the provision at issue in KRS 403.212(2)(g)(4). Clearly, the intention of the statute is not to deny financial resources to later-born children, but rather to make sure prior-born children are being supported. While in some cases application of the statute may result in later-born children having access to fewer financial resources than prior-born children, "[e]qual protection does not require there to be a perfect fit between means and ends."

Kimbrough v. Commonwealth ex rel Shantrece Laniece Belmar, 2006 Ky. App. LEXIS 226 (July 21, 2006)
Opinion on the web (last visited July 24, 2006 bgf)

http://lawprofessors.typepad.com/family_law/2006/07/case_law_develo_9.html

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