Young v. Young
| Decision Date | 17 March 1967 |
| Citation | 413 S.W.2d 887 |
| Parties | Kenneth YOUNG, Appellant, v. Ruth I. YOUNG, Appellee. |
| Court | United States State Supreme Court — District of Kentucky |
Clinton R. Burroughs, Oldham, Burroughs & Miller, Louisville, for appellant.
Martin F. Sullivan, Jr., Louisville, for appellee.
OSCAR SAMMONS, Special Commissioner.
The facts of this case are not in dispute. On March 9, 1956, a divorce judgment was entered between the appellee, Ruth I. Young, (now Ruth I. Colbert), and the appellant, Kenneth Young. The custody and control of the two children was awarded to appellee. The judgment made no mention of support for the two children. Kenneth Young has, however, made contributions toward the support, education and maintenance of the two children.
At the time the motion for a rule was instituted, Ester was 20 years of age and Sharon was 17 years of age. The rule was returnable July 20, 1965. Sharon became 18 years of age on August 17, 1965. The chancellor, on December 7, 1965, ordered appellant to pay the sum of $25.00 per week for the support of the two girls, effective July 20, 1965, and to continue paying the same until changed by order of the court.
The statutes applicable to this case are KRS 405.020(1) and KRS 403.070.
KRS 405.020(1) reads as follows:
(Emphasis added).
KRS 403.070 provides:
'Pending an application for divorce, or on final judgment, the court may make orders for the care, custody and maintenance of the minor children of the parties and any of their children of unsound mind. * * *'
The early opinions of this Commonwealth held that a parent had no legal obligation to support his child after it reached its majority, which was twenty-one years of age. See Commonwealth v. Willis Exr., 7 Ky.Law Rep. 677; Central Kentucky Asylum for Insane v. Knighton, 113 Ky. 156, 67 S.W. 366. The rule was relaxed, however, in Crain v. Malone, 130 Ky. 125, 113 S.W. 67, 22 L.R.A.,N.S., 1165 and Brewer v. Dowden, 207 Ky. 12, 268 S.W. 541, 42 A.L.R. 146, where it was recognized that a father may become liable for support of an adult child if the child is so weak in mind or body as to be incapable of care for himself.
Certainly, the two young ladies...
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...they marry or become self-supporting, ever which event should first occur." The court did not fix a specific amount. In Young v. Young, Ky., 413 S.W.2d 887 (1967), we held that in view of the enactment of KRS 2.015 fixing the age of majority at 18 the court was without right to require the ......
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