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AN ACT relating to child support. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 403.211 is amended to read as follows: 3
(1) An action to establish or enforce child support may be initiated by the parent, 4
custodian, or agency substantially contributing to the support of the child. The 5
action may be brought in the county in which the child[ resides], mother, or[ where 6
the] defendant resides. 7
(2) At the time of initial establishment of a child support order, whether temporary or 8
permanent, or in any proceeding to modify a support order, the child support 9
guidelines in KRS 403.212 or 403.2121 shall serve as a rebuttable presumption for 10
the establishment or modification of the amount of child support. Courts may 11
deviate from the guidelines where their application would be unjust or 12
inappropriate. Any deviation shall be accompanied by a written finding or specific 13
finding on the record by the court, specifying the reason for the deviation. A child 14
support order shall be retroactive pursuant to Sections 2 and 3 of this Act. 15
(3) A written finding or specific finding on the record that the application of the 16
guidelines would be unjust or inappropriate in a particular case shall be sufficient to 17
rebut the presumption and allow for an appropriate adjustment of the guideline 18
award if based upon one (1) or more of the following criteria: 19
(a) A child's extraordinary medical or dental needs; 20
(b) A child's extraordinary educational, job training, or special needs; 21
(c) Either parent's own extraordinary needs, such as medical expenses; 22
(d) The independent financial resources, if any, of the child or children; 23
(e) Combined monthly adjusted parental gross income in excess of the Kentucky 24
child support guidelines; 25
(f) The parents of the child, having demonstrated knowledge of the amount of 26
child support established by the Kentucky child support guidelines, have 27 UNOFFICIAL COPY 24 RS SB 110/GA
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agreed to child support different from the guideline amount. However, no 1
such agreement shall be the basis of any deviation if public assistance is being 2
paid on behalf of a child under the provisions of Part D of Title IV of the 3
Federal Social Security Act; and 4
(g) Any similar factor of an extraordinary nature specifically identified by the 5
court which would make application of the guidelines inappropriate. 6
(4) "Extraordinary" as used in this section shall be determined by the court in its 7
discretion. 8
(5) When a party has defaulted or the court is otherwise presented with insufficient 9
evidence to determine gross income, the court shall order child support based upon 10
the needs of the child or the previous standard of living of the child, whichever is 11
greater. An order entered by default or due to insufficient evidence to determine 12
gross income may be modified upward and arrearages awarded from the date of the 13
original order if evidence of gross income is presented within two (2) years which 14
would have established a higher amount of child support pursuant to the child 15
support guidelines set forth in KRS 403.212 or 403.2121. 16
(6) The court shall allocate between the parents, in proportion to their combined 17
monthly adjusted parental gross income, reasonable and necessary child care costs 18
incurred due to employment, job search, or education leading to employment, in 19
addition to the amount ordered under the child support guidelines. 20
(7) (a) Pursuant to 45 C.F.R. sec. 303.31(a)(2), for the purposes of this section, 21
"health care coverage" includes fee for service, health maintenance 22
organization, preferred provider organization, and other types of private 23
health insurance and public health care coverage under which medical 24
services could be provided to a dependent child. If health care coverage is 25
reasonable in cost and accessible to either parent at the time the request for 26
coverage is made, the court shall order the parent to obtain or maintain 27 UNOFFICIAL COPY 24 RS SB 110/GA
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coverage, and the court shall allocate between the parents, in proportion to 1
their combined monthly adjusted parental gross income, the cost of health 2
care coverage for the child, in addition to the support ordered under the child 3
support guidelines. 4
(b) A parent, who has one hundred percent (100%) of the combined monthly 5
adjusted parental gross income, shall be entitled to a reduction in gross 6
income of the entire amount of premiums incurred and paid. 7
(c) The court shall order the cost of health care coverage of the child to be paid 8
by either or both parents of the child regardless of who has physical custody. 9
The court order shall include: 10
1. A judicial directive designating which parent shall have financial 11
responsibility for providing health care coverage for the dependent 12
child, which shall include but not be limited to health care coverage, 13
payments of necessary health care deductibles or copayments; 14
2. If appropriate, cash medical support. "Cash medical support" means an 15
amount to be paid toward the cost of health care coverage, fixed 16
payments for ongoing medical costs, extraordinary medical expenses, or 17
any combination thereof; and 18
3. A statement providing that if the designated parent's health care 19
coverage provides for covered services for dependent children beyond 20
the age of majority, then any unmarried children up to twenty-five (25) 21
years of age who are full-time students enrolled in and attending an 22
accredited educational institution and who are primarily dependent on 23
the insured parent for maintenance and support shall be covered. 24
(d) If health care coverage is not reasonable in cost and accessible at the time the 25
request for the coverage is made, the court order shall provide for cash 26
medical support until health care coverage becomes reasonable in cost and 27 UNOFFICIAL COPY 24 RS SB 110/GA
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accessible. 1
(8) (a) For purposes of this section, "reasonable in cost" means that the cost of 2
coverage to the responsible parent does not exceed five percent (5%) of his or 3
her gross income. The five percent (5%) standard shall apply to the cost of 4
adding the child to an existing policy, the difference in the cost between a 5
single and a family policy, or the cost of acquiring a separate policy to cover 6
the child. If the parties agree or the court finds good cause exists, the court 7
may order health care coverage in excess of five percent (5%) of the parent's 8
gross income. 9
(b) For purposes of this section, "accessible" means that there are providers who 10
meet the health care needs of the child and who are located no more than sixty 11
(60) minutes or sixty (60) miles from the child's primary residence, except 12
that nothing shall prohibit use of a provider located more than sixty (60) 13
minutes or sixty (60) miles from the child's primary residence. 14
(9) The cost of extraordinary medical expenses shall be allocated between the parties in 15
proportion to their combined monthly adjusted parental gross incomes. 16
"Extraordinary medical expenses" means uninsured expenses in excess of two 17
hundred fifty dollars ($250) per child per calendar year. "Extraordinary medical 18
expenses" includes but is not limited to the costs that are reasonably necessary for 19
medical, surgical, dental, orthodontal, optometric, nursing, and hospital services; 20
for professional counseling or psychiatric therapy for diagnosed medical disorders; 21
and for drugs and medical supplies, appliances, laboratory, diagnostic, and 22
therapeutic services. 23
(10) The court order shall include the Social Security numbers, provided in accordance 24
with KRS 403.135, of all parties subject to a support order. 25
(11) In any case administered by the Cabinet for Health and Family Services, if the 26
parent ordered to provide health care coverage is enrolled through an insurer but 27 UNOFFICIAL COPY 24 RS SB 110/GA
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fails to enroll the child under family coverage, the other parent or the Cabinet for 1
Health and Family Services may, upon application, enroll the child. 2
(12) In any case administered by the cabinet, information received or transmitted shall 3
not be published or be open for public inspection, including reasonable evidence of 4
domestic violence or child abuse if the disclosure of the information could be 5
harmful to the custodial parent or the child of the parent. Necessary information and 6
records may be furnished as specified by KRS 205.175. 7
(13) In the case in which a parent is obligated to provide health care coverage, and 8
changes employment, and the new employer provides health care coverage, the 9
Cabinet for Health and Family Services shall transfer notice of the provision for 10
coverage for the child to the employer, which shall operate to enroll this child in the 11
obligated parent's health plan, unless the obligated parent contests the notice as 12
specified by KRS Chapter 13B. 13
(14) Notwithstanding any other provision of this section, any wage or income shall not 14
be exempt from attachment or assignment for the payment of current child support 15
or owed or to-be-owed child support. 16
(15) A payment of money received by a child as a result of a parental disability shall be 17
credited against the child support obligation of the parent. A payment shall not be 18
counted as income to either parent when calculating a child support obligation. An 19
amount received in excess of the child support obligation shall be credited against a 20
child support arrearage owed by the parent that accrued subsequent to the date of 21
the parental disability, but shall not be applied to an arrearage that accrued prior to 22
the date of disability. The date of disability shall be as determined by the paying 23
agency. 24
Section 2. KRS 403.160 is amended to read as follows: 25
(1) In a proceeding for dissolution of marriage or for legal separation, or in a 26
proceeding for disposition of property or for maintenance or support following 27 UNOFFICIAL COPY 24 RS SB 110/GA
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dissolution of the marriage by a court which lacked personal jurisdiction over the 1
absent spouse, either party may move for temporary maintenance. The motion shall 2
be accompanied by an affidavit setting forth the factual basis for the motion and the 3
amounts requested. 4
(2) (a) In a proceeding for dissolution of marriage, legal separation, or child support, 5
either party, with notice to the opposing party, may move for temporary child 6
support. The motion shall be accompanied by an affidavit setting forth the 7
number of children of the marriage and the information required to calculate 8
the combined adjusted parental gross income set forth in KRS 403.212, and 9
the Social Security numbers, provided in accordance with KRS 403.135, of all 10
parties subject to the motion. The court shall, within fourteen (14) days from 11
the filing of said motion, order an amount of temporary child support based 12
upon the child support guidelines as provided by law, and the ordered child 13
support shall be retroactive to: 14
1. The date of the filing of the motion unless otherwise ordered by the 15
court; or 16
2. Nine (9) months prior to the birth of the child if the order is entered 17
within the first year after the birth of the child. 18
(b) Upon a showing of good cause, either party may move the court to enter an 19
order for temporary child support without written or oral notice to the adverse 20
party. After reviewing the affidavit required by paragraph (a) of this 21
subsection, the court may issue a temporary child support order based upon 22
the child support guidelines. The order shall provide that the order becomes 23
effective seven (7) days following service of the order and movant's affidavit 24
upon the adverse party unless the adverse party, within the seven (7) day 25
period, files a motion for a hearing before the court. The motion for hearing 26
shall be accompanied by the affidavit required by paragraph (a) of this 27 UNOFFICIAL COPY 24 RS SB 110/GA
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subsection. Pending the hearing, the adverse party shall pay child support in 1
an amount based upon the guidelines and the adverse party's affidavit. The 2
child support order entered following the hearing shall be retroactive to: 3
1. The date of the filing of the motion for temporary support unless 4
otherwise ordered by the court; or 5
2. Nine (9) months prior to the birth of the child if the order is entered 6
within the first year after the birth of the child. 7
(3) As part of a motion for temporary maintenance or support or by independent 8
motion accompanied by affidavit, either party may request the court to issue a 9
temporary injunction or restraining order pursuant to the Rules of Civil Procedure. 10
(4) If the court or agent of the court is made aware that there is reasonable evidence of 11
domestic violence or child abuse, the court shall determine whether disclosure to 12
any other person of the information could be harmful to the parent or child, and if 13
the court determines that disclosure to any person could be harmful, the court and 14
its agents shall not make the disclosure. 15
(5) On the basis of the showing made and in conformity with KRS 403.200, the court 16
may issue a temporary injunction or restraining order and an order for temporary 17
maintenance in amounts and on terms just and proper in the circumstances. 18
(6) A temporary order or temporary injunction: 19
(a) Does not prejudice the rights of the parties or the child which are to be 20
adjudicated at subsequent hearings in the proceeding; 21
(b) May be revoked or modified before final decree on a showing of the facts 22
necessary to revocation or modification under the circumstances; and 23
(c) Terminates when the final decree is entered or when the petition for 24
dissolution or legal separation is voluntarily dismissed. 25
Section 3. KRS 406.025 is amended to read as follows: 26
(1) Upon completion of a signed, notarized, voluntary acknowledgment-of-paternity 27 UNOFFICIAL COPY 24 RS SB 110/GA
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affidavit by the mother and alleged father, obtained through the hospital-based 1
paternity program, and submitted to the state registrar of vital statistics, paternity 2
shall be rebuttably presumed for the earlier of sixty (60) days or the date of an 3
administrative or judicial proceeding relating to the child, including a proceeding to 4
establish a child support order. 5
(2) Upon completion of a signed, notarized, voluntary acknowledgment-of-paternity 6
affidavit by the mother and alleged father obtained outside of the hospital and 7
submitted to the state registrar of vital statistics, paternity shall be rebuttably 8
presumed for the earlier of sixty (60) days or the date of an administrative or 9
judicial proceeding relating to the child, including a proceeding to establish a child 10
support order following the date of signatures on the notarized affidavit. 11
(3) Pending an administrative or judicial determination of parentage, or upon a signed, 12
notarized, voluntary acknowledgment-of-paternity form having been transmitted by 13
the local registrar and received by the Vital Statistics Branch, a temporary support 14
order shall be issued upon motion of any party if paternity is indicated by genetic 15
testing or other clear and convincing evidence. 16
(4) The motion shall be accompanied by an affidavit setting forth the factual basis for 17
the motion and the amounts requested. 18
(5) The court shall, within fourteen (14) days from the filing of the motion, order an 19
amount of temporary child support based upon the child support guidelines as 20
provided by KRS 403.212 or 403.2121. The ordered child support shall be 21
retroactive to; 22
(a) The date of the filing of the motion to move the court to enter an order for 23
temporary child support without written or oral notice to the adverse party; or 24
(b) Nine (9) months prior to the birth of the child if the order is entered within 25
the first year after the birth of the child. 26
(6) The order shall provide that the order becomes effective seven (7) days following 27 UNOFFICIAL COPY 24 RS SB 110/GA
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service of the order and movant's affidavit upon the adverse party unless the 1
adverse party, within the seven (7) day period, files a motion for a hearing before 2
the court. The motion for hearing shall be accompanied by the affidavit required by 3
KRS 403.160(2)(a). Pending the hearing, the adverse party shall pay child support 4
in an amount based upon the guidelines and the adverse party's affidavit. The child 5
support order entered following the hearing shall be retroactive to: 6
(a) The date of the filing of the motion for temporary support unless otherwise 7
ordered by the court; or 8
(b) Nine (9) months prior to the birth of the child if the order is entered within 9
the first year after the birth of the child. 10
(7)[(6)] Unless good cause is shown, court or administratively ordered child support 11
shall continue until final judicial or administrative determination of paternity. 12