FROM OLDHAM FAMILY COURT HONORABLE DOREEN S. GOODWIN, JUDGE
ACTION NO. 15-CI-00564
FOR APPELLANT: Ashley Ahrens Flynn Louisville, Kentucky
FOR APPELLEE: Michael Pate La Grange, Kentucky
BEFORE: ACREE, CLAYTON AND J. LAMBERT, JUDGES.
main issue to be decided is whether the Oldham Family Court
abused its discretion when it declined to set aside the
parties' marital separation agreement as unconscionable.
We affirm in part, reverse in part, and remand for additional
proceedings as explained herein.
and Melissa Mays were married November 28, 1992. Three
children were born of the marriage: Madison Mays, born July
30, 1995; Hayden Mays, born December 13, 2000; and Emerson
Mays, born May 16, 2003. During the marriage, Clyde was a
Lieutenant Colonel and a pilot in the United States Marine
Corps. Melissa did not work outside the home. The parties and
their children resided in North Carolina.
parties separated on September 26, 2014. Madison was
emancipated by that date.
November 6, 2014, Clyde and Melissa entered into a
twenty-five-page Separation Agreement and Property Settlement
Agreement. Melissa's attorney drafted the document. Clyde
was not represented by counsel. The Separation Agreement provides
• Joint custody of the parties' minor children with
Melissa being the primary residential parent and Clyde
receiving reasonable parenting time at reasonable times with
a default schedule of every other weekend.
• Child support paid by Clyde to Melissa in the amount
of $933.00 per minor child per month for a total of $1,
866.00 per month. They agreed child support shall continue
until each minor child turns 22 years of age. In the event a
child chooses to attend college or trade school, Clyde's
child support obligation would be reduced to $250.00 per
month for that child until the child turns 22 years of age
• A monthly allowance of $200.00 paid directly by Clyde
to the parties' emancipated child Madison while she is
• "Alimony" (maintenance) paid by Clyde to
Melissa for eleven years. Clyde agreed to pay Melissa:
o $1, 250.00 per month from July 1, 2015 to June 30, 2016;
o $2, 000.00 per month from July 1, 2016 to June 30, 2017;
o $2, 500.00 per month from July 1, 2017 and continuing for a
period of 108 consecutive months.
• Clyde to be solely responsible for and pay 100% of all
the children's uninsured medical, dental, orthodontic,
optical, and other health-related expenses.
• Clyde to be solely responsible for and pay 100% of
each child's college tuition, room, board, and
• Clyde to provide health insurance for the children and
pay all associated costs.
• Melissa to receive one-half of Clyde's military
• Melissa to have exclusive use of the marital residence
until June 2015, and Clyde to be solely responsible for all
the expenses related to that residence, including the
mortgage of $1, 500 per month.
• Clyde to pay 50% of the maintenance and repair costs
and 100% of the insurance for Madison's vehicle.
• Melissa to claim the children as dependents on her
federal and state income tax returns beginning in 2015 and
continuing every year thereafter.
Separation Agreement further provides it is to be
comprehensive, interpreted by the laws of North Carolina, and
no modification of the terms of the agreement shall be valid
unless in writing and signed by both parties. Section 24
reiterates that the ...