KIMBROUGH v. COMMONWEALTH

No. 2005-CA-001532-MR.

215 S.W.3d 69 (2006)

Charles Alex KIMBROUGH, Appellant, v. COMMONWEALTH of Kentucky, CHILD SUPPORT DIVISION ex rel. Shantrece Laniece BELMAR, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court March 14, 2007.


Attorney(s) appearing for the Case

Teddy B. Gordon, Louisville, KY, for appellant.

Laura P. Russell, Louisville, KY, for appellee.

Before HENRY and SCHRODER, Judges; EMBERTON, Senior Judge.


OPINION

SCHRODER, Judge.

This is an appeal from an order denying a father's motion to set aside a prior order granting the mother's motion for an increase in child support. The father argues that KRS 403.212(2)(g)(4) is unconstitutional as a violation of equal protection because it favors prior-born children over later-born children. He also argues that KRS 403.212(2)(g)(4) as applied in this case denies him due process of law because his child support...

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