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RENDERED: APRIL 8, 2005; 2:00 P.M. NOT TO BE PUBLISHED

Commonwealth Of Kentucky Court of Appeals
NO. 2003-CA-002755-MR

JOE BARTLETT HILL

APPELLANT

v.

APPEAL FROM BELL CIRCUIT COURT HONORABLE JAMES L. BOWLING, JR., JUDGE ACTION NO. 03-CI-00325

DEBORAH ANN GREEN HILL

APPELLEE

OPINION AFFIRMING IN PART, VACATING AND REMANDING IN PART ** ** ** ** ** BEFORE: BUCKINGHAM, McANULTY, AND VANMETER, JUDGES. In this divorce case, Joe Bartlett Hill (Joe)

McANULTY, JUDGE:

challenges the trial court's temporary and permanent child support orders. Joe claims that the trial court deviated from

the child support guidelines without making a specific finding that was appropriate to do so in this case. In addition, Joe

argues that it was fundamentally unfair for the trial court to order Joe to make the monthly payments on the former marital mobile home and pay his ex-wife $10,500.00 -- within 90 days -for her interest in the mobile home, but be deprived of its

possession for another six years (the time it would take until the youngest child reached the age of 18). Because it appears

that the trial court did deviate from the child support guidelines and did not make a finding that it was appropriate to do so in this case, we vacate and remand. In addition, we

vacate the trial court's order as to the division of the equity in the mobile home because such a division constituted an abuse of discretion given Joe's assets and financial situation after the divorce. We affirm, however, that part of the order that

pertains to Joe's responsibility for the monthly mobile home loan payment. Joe and Deborah Ann Green Hill (Deborah) married on July 4, 1981. Joe was 21. When they married, Deborah had just turned 16 and For the majority of their marriage, they resided in

a mobile home on property located in Page Cutoff, Bell County, Kentucky. Deborah and Joe have two sons who were 15 and 10 at the time Deborah and Joe separated in July of 2003. Prior to

their separation, Joe spent little time at the family's home -

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Kentucky Law