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)
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