COMMONWEALTH OF KENTUCKY
HOPKINS CIRCUIT COURT
MADISONVILLE, KENTUCKY 42431
CIVIL ACTION NO. 92-CI-00444
LAURA VANNOY PADGETT
AND REPORT AND RECOMMENDATION
THOMAS CARTER PADGETT
This matter is before the Court on the Motion of the
petitioner, Laura Vannoy Padgett, to enter pendente lite orders.
The Petitioner, hereinafter Laura, moved the Court to grant her
custody and control of the parties infant children namely, Julie
Elizabeth Padgett and Beau Granville Padgett, pendente lite. In
addition, she requests that the Respondent pay child support and
maintenance to the Petitioner. She further requests the awarding
of the personal marital property she now has in her possession and
that the proceeds of the sale of the parties former residence
located in Lexington, Kentucky be equally divided pendente lite.
A hearing on Laura's motion was held on Friday, September
18, 1992. Both parties were present and represented by counsel.
Laura is employed as a speech pathologist for the Hopkins County
Board of Education and she has gross monthly earnings of $2,140.00.
The Respondent, hereinafter Thomas, works as a manager for the
Radisson Plaza Hotel in Southfield, Michigan. Thomas earns gross
monthly wages of $7,083.00. During the hearing, Laura requested
sole temporary custody and Thomas requested joint custody. During
the hearing, it became apparent to the Special Master Commissioner
that at the present time Laura and Thomas were unable to make
reasoned joint decisions concerning their two children because of
-2-
their present animosity towards each other. In addition, because
of the distance between Madisonville, Kentucky and Southfield,
Michigan it is unclear to the Commissioner how the parties could
have a meaningful joint custody relationship with their children.
Therefore, for the foregoing reasons, the Commissioner recommends
that Laura have sole custody of the parties two children during the
pendency of this action. Thomas shall have visitation with his two
children one weekend per month. Thomas may choose his weekend but
must give Laura ten days prior notice of his intent to exercise
visitation. This is a deviation from the Hopkins Circuit Court
Guidelines to Child Visitation, however, Thomas requested this
deviation due to the distance between Southfield, Michigan and
Madisonville, Kentucky. Thomas shall be responsible for any
transportation costs, however, should Thomas choose to fly his
children to Southfield, Michigan for his visitation, Laura shall
be responsible for their transportation to and from either the
airport in Evansville, Indiana or the airport in Nashville,
Tennessee.
Both parties testified at the hearing that Laura has been
monitoring the conversations between her two children and their
father, Thomas. The Master Commissioner recommends that Thomas
shall be permitted to have private conversations with his children
by telephone at least once per week at his own expense.
In accordance with KRS 403.212, Thomas shall be required
to pay child support of $1,123.43 per month. Thomas shall also be
required to maintain hospitalization and health insurance for the
-3-
children with any medical expenses in excess of the amount of
insurance to be paid 77% by Thomas and 23% by Laura.
The Commissioner further recommends that Laura should
have the marital property presently in her possession pendente lite
which includes the parties Eagle automobile. Thomas shall have the
marital property presently in his possession pendente lite.
Laura requested that Thomas be required to maintain the
marital debt pendente lite. Both parties testified that the only
significant debt was for the parties Eagle automobile. Because of
the great disparity in income, it is recommended that Thomas be
required to pay the minimum monthly payment on the Eagle automobile
and maintain full coverage auto insurance on the Eagle automobile.
Laura shall make the minimum required monthly payments on her two
credit cards.
Laura requested that the proceeds from the sale of the
parties former residence in Lexington, Kentucky be divided equally
at this time. Both parties acknowledged that their is $28,068.55
being held in escrow from the sale of the parties marital
residence. Thomas testified that the equity from the sale of the
parties residence in Lexington, Kentucky is encumbered by a loan
obligation to his mother. Laura contends that there is no such
loan obligation. Therefore, it is the recommendation of the Master
Commissioner that the parties sign all appropriate documents to
transfer the entire $28,068.55 to a federally insured financial
institution in Madisonville, Kentucky where the $28,068.55 shall
be placed in a 6 month certificate of deposit. Division between
-4-
the parties of the proceeds from the sale of the house is deferred
until the final disposition in this matter.
It is also the recommendation of the Commissioner that
both parties not dispose of any marital property, which includes
personal property, real property and any investments, without prior
approval of the Court during pendency of this action.
Finally, the attorney representing the Respondent moved
the Special Master Commissioner to recuse himself because of past
and present cases in which we have been involved. Since, the
Special Master Commissioner does not know nor has he ever met
either of the Padgett's before the hearing held on September 18,
1992 and considering that the Special Master Commissioner has
practiced on opposite sides in divorce litigation with both
attorneys in this matter, the Special Master Commissioner declines
to recuse himself at this time.
So Ordered this 29 day of September, 1992
[signature]
Special Master commissioner
Hopkins Circuit Court
CERTIFICATE
This instrument filed of record in the office of the Clerk of the
Hopkins Circuit Court on this the 1 day of October
1992 . A copy of said instrument was mailed on this the
1 day of October, 1992 to the attorneys
of record and to the parties, if not represented by counsel.
PAUL A. SUMMERS, CLERK
[signature]
-4-
[signature]
Special Master commissioner
Hopkins Circuit Court
CERTIFICATE
This instrument filed of record in the office of the Clerk of the
Hopkins Circuit Court on this the 1 day of October
1992. A copy of said instrument was mailed on this the
1 day of October, 1992, to the attorneys
of record and to the parties, if not represented by counsel.
PAUL A. SUMMERS, CLERK
by: [signature]
D.C.
-4-
COMMONWEALTH OF KENTUCKY
WORKSHEET FOR MONTHLY
CHILD SUPPORT OBLIGATION
| |
A.CUSTODIAL
PARENT |
B.
NON-CUSTODIAL
PARENT |
C. BOTH
PARENTS |
| Monthly
Gross Income |
$2140
|
$7083 |
|
Reduction
for Payment of Child's Health
Insurance Premiums |
|
$96 |
|
| Reduction
for Ordered Child Support |
|
|
|
| Adjusted
Monthly Income |
$
2140 |
$
6987 |
|
| Combined
Parental Income |
|
|
$9127 |
| Percentage
of Combined Parental Income |
23% |
77% |
|
| [?] Child
Support Obligation |
|
|
$
1459 |
tion
of Work-Related Child Care Cost
(Discretionary
by the courts) |
|
|
|
| [?] Monthly
Child Support Obligation (add lines 7 + 8) |
|
|
$1459 |
| Parental
Obligations (Multiply line 9 by the Percentage amounts on
Line 6) |
$
335.57 |
$
1123.43 |
|
| Monthly
Child Support Obligation |
|
$
1123.43 |
|
INSTRUCTIONS FOR USE:
Enter each parent's gross monthly income.
Enter the amount actually paid by either or both parents for child(ren)'s
health insurance.
Enter child support paid under a pre-existing order.
Subtract any amounts on lines 2 and 3 from th eline amounts on line 1: if less
than 0, enter 0.
Add teh amounts on line 4 in Column A and B to obtain Combined Parental Income.
Divide each of the amounts on line 4 by the total on line 5. Enter the percentage
amounts on line 6.
Refer to the Guideline to determine the base support obligation.
Enter monthly payment for child care (Discretionary for the courts).
Add lines 7 and 8. This is the Monthly Child Support Obligation.
Multiply the total monthly obligation by the percentage amounts from line 6.
The dollar value of the non-custodial parent's percentage share of the total
monthly obligation on line 10B becomes the suppoort obligation.
|