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Commonwealth of Kentucky

Court of Appeals

NO.  2007-CA-002098-ME
WILLIAM EMMETT NASH SR. APPELLANT
APPEAL FROM FRANKLIN CIRCUIT COURT
v. HONORABLE O. REED RHORER, JUDGE ACTION NO. 06-CI-00803
SUSAN BETH NASH APPELLEE
OPINION
AFFIRMING

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BEFORE: CAPERTON AND STUMBO, JUDGES; BUCKINGHAM, SENIOR JUDGE.1
BUCKINGHAM, SENIOR JUDGE:  William Emmett Nash, Sr. (Bill), appeals
from a Findings of Fact, Conclusions of Law and Order and a Decree of
Dissolution of Marriage entered by the Franklin Family Court on August 2, 2007.
He contends that the court erred in ordering him to pay his ex-wife, Susan Beth
1  Senior Judge David C. Buckingham sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and KRS 21.580.
him for purposes of calculating his child support obligation.  We affirm.
Bill and Beth were married on December 15, 1995.  They separated on June 7, 2006.  There were two children born of the marriage:  William Emmett Nash, Jr., and Kathryn Coleman Nash.  William Jr. was ten years old at the time of the divorce, and Kathryn was six years old.  The parties were awarded joint custody of the children, with Beth designated as the primary residential provider.  
At the time of the divorce, Beth was 40 years old and had been a teacher employed by the Franklin County Board of Education for 16 years.  Her salary was $3,616 per month, or approximately $44,000 annually.  Early in the marriage, Bill had been employed as a golf professional.  In 1999, the parties purchased a Subway franchise, which they sold in 2005.  Bill had served as owner/operator of the business.  At the time of the divorce, Bill was 44 years old and held two part-time jobs, working for UPS and for Action Landscape.  Bill earned $8.50 per hour working for UPS and $10.00 per hour working for Action Landscape.  The court found his gross monthly wage to average $1,909 per month, or approximately $23,000 annually.
The parties owned a residence, and the court ordered that Beth could remain living in the residence until it sold, at which time the proceeds remaining after the payment of indebtedness would be divided equally between the parties. The court ordered that the parties each pay one-half of the $1,400 monthly mortgage payment.  Beth was awarded a 2000 Ford Windstar van that had a value value of $8,225 with a debt of $7,382 to be paid from the proceeds from the sale of the residence.  Until the house sold, Bill was responsible for the payments on his van.
Beth was awarded her state deferred compensation account that had a net value of $6,000.  By agreement, she was also awarded her teachers retirement account.  Bill was awarded an IRA retirement account in his name valued at $1,558. Each party was awarded his or her nonmarital items, and the parties agreed to each keep their own bank accounts and life insurance policies.
In addition to the mortgage indebtedness, the parties owed the IRS $18,500, the payment of which was secured by a lien on the marital residence.  The debt was to be paid from the proceeds of the sale of the residence.  In addition, there was a credit card debt of $11,000 that also was to be paid from the proceeds of the sale of the residence.  Likewise, the debt owed on Bill

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Kentucky Law