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Mays v. Mays

Court of Appeals of Kentucky

February 23, 2018

CLYDE DOUGLAS MAYS APPELLANT
v.
MELISSA ANN MAYS APPELLEE

         APPEAL FROM OLDHAM FAMILY COURT HONORABLE DOREEN S. GOODWIN, JUDGE ACTION NO. 15-CI-00564

          BRIEF FOR APPELLANT: Ashley Ahrens Flynn Louisville, Kentucky

          BRIEF FOR APPELLEE: Michael Pate La Grange, Kentucky

          BEFORE: ACREE, CLAYTON AND J. LAMBERT, JUDGES.

          OPINION

          ACREE, JUDGE.

         The 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.

         FACTS AND PROCEDURE

         Clyde 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.

         The parties separated on September 26, 2014. Madison was emancipated by that date.

         On 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.[1] The Separation Agreement provides for:

• 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 attending college.
• "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 books.[2]
• Clyde to provide health insurance for the children and pay all associated costs.
• Melissa to receive one-half of Clyde's military retirement pay.
• 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.

         The 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 ...


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