Legal Memorandum
maya99
Statutes.docxBaldwin's Kentucky Revised Statutes Annotated
Title XXXV. Domestic Relations
SuperBrowse Chapter 403. Dissolution of Marriage; Child Custody (Refs & Annos)
1. Proposed Legislation
Effective: July 14, 2018
KRS § 403.270
403.270 Custodial issues; best interests of child shall determine; rebuttable presumption that joint custody and equally shared parenting time is in child’s best interests; de facto custodian
(1) (a) As used in this chapter and KRS 405.020, unless the context requires otherwise, “de facto custodian” means a person who has been shown by clear and convincing evidence to have been the primary caregiver for, and financial supporter of, a child who has resided with the person for a period of six (6) months or more if the child is under three (3) years of age and for a period of one (1) year or more if the child is three (3) years of age or older or has been placed by the Department for Community Based Services. Any period of time after a legal proceeding has been commenced by a parent seeking to regain custody of the child shall not be included in determining whether the child has resided with the person for the required minimum period.
(b) A person shall not be a de facto custodian until a court determines by clear and convincing evidence that the person meets the definition of de facto custodian established in paragraph (a) of this subsection. Once a court determines that a person meets the definition of de facto custodian, the court shall give the person the same standing in custody matters that is given to each parent under this section and KRS 403.280, 403.340, 403.350, 403.822, and 405.020.
(2) The court shall determine custody in accordance with the best interests of the child and equal consideration shall be given to each parent and to any de facto custodian. Subject to KRS 403.315, there shall be a presumption, rebuttable by a preponderance of evidence, that joint custody and equally shared parenting time is in the best interest of the child. If a deviation from equal parenting time is warranted, the court shall construct a parenting time schedule which maximizes the time each parent or de facto custodian has with the child and is consistent with ensuring the child's welfare. The court shall consider all relevant factors including:
(a) The wishes of the child's parent or parents, and any de facto custodian, as to his or her custody;
(b) The wishes of the child as to his or her custodian, with due consideration given to the influence a parent or de facto custodian may have over the child's wishes;
(c) The interaction and interrelationship of the child with his or her parent or parents, his or her siblings, and any other person who may significantly affect the child's best interests;
(d) The motivation of the adults participating in the custody proceeding;
(e) The child's adjustment and continuing proximity to his or her home, school, and community;
(f) The mental and physical health of all individuals involved;
(g) A finding by the court that domestic violence and abuse, as defined in KRS 403.720, has been committed by one (1) of the parties against a child of the parties or against another party. The court shall determine the extent to which the domestic violence and abuse has affected the child and the child's relationship to each party, with due consideration given to efforts made by a party toward the completion of any domestic violence treatment, counseling, or program;
(h) The extent to which the child has been cared for, nurtured, and supported by any de facto custodian;
(i) The intent of the parent or parents in placing the child with a de facto custodian;
(j) The circumstances under which the child was placed or allowed to remain in the custody of a de facto custodian, including whether the parent now seeking custody was previously prevented from doing so as a result of domestic violence as defined in KRS 403.720 and whether the child was placed with a de facto custodian to allow the parent now seeking custody to seek employment, work, or attend school; and
(k) The likelihood a party will allow the child frequent, meaningful, and continuing contact with the other parent or de facto custodian, except that the court shall not consider this likelihood if there is a finding that the other parent or de facto custodian engaged in domestic violence and abuse, as defined in KRS 403.720, against the party or a child and that a continuing relationship with the other parent will endanger the health or safety of either that party or the child..
(3) The abandonment of the family residence by a custodial party shall not be considered where said party was physically harmed or was seriously threatened with physical harm by his or her spouse, when such harm or threat of harm was causally related to the abandonment.
(4) If the court grants custody to a de facto custodian, the de facto custodian shall have legal custody under the laws of the Commonwealth.
Credits
HISTORY: 2018 c 198, § 1, eff. 7-14-18; 2004 c 133, § 42, eff. 7-13-04; 2000 c 14, § 51, eff. 7-14-00; 1998 c 250, § 1, eff. 7-15-98; 1992 c 169, § 2, eff. 7-14-92; 1980 c 158, § 1; 1978 c 369, § 1, c 86, § 1; 1972 c 182, § 17
KRS § 403.270, KY ST § 403.270
Current with emergency effective legislation through Chapter 181 of the 2019 Regular Session
KRS § 403.290
403.290 Child; court may interview, court may seek advice of professional personnel
(1) The court may interview the child in chambers to ascertain the child's wishes as to his custodian and as to visitation. The court may permit counsel to be present at the interview. The court shall cause a record of the interview to be made and to be part of the record in the case.
(2) The court may seek the advice of professional personnel, whether or not employed by the court on a regular basis. The advice given shall be in writing and made available by the court to counsel upon request. Counsel may examine as a witness any professional personnel consulted by the court.
Credits
HISTORY: 1972 c 182, § 19, eff. 6-16-72
KRS § 403.212
403.212 Child support guidelines; terms to be applied in calculations; table
(1) The following provisions and child support table shall be the child support guidelines established for the Commonwealth of Kentucky.
(2) For the purposes of the child support guidelines:
(a) “Income” means actual gross income of the parent if employed to full capacity or potential income if unemployed or underemployed.
(b) “Gross income” includes income from any source, except as excluded in this subsection, and includes but is not limited to income from salaries, wages, retirement and pension funds, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, Social Security benefits, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, Supplemental Security Income (SSI), gifts, prizes, and alimony or maintenance received. Specifically excluded are benefits received from means-tested public assistance programs, including but not limited to public assistance as defined under Title IV-A of the Federal Social Security Act1, and food stamps.
(c) For income from self-employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership or closely held corporation, “gross income” means gross receipts minus ordinary and necessary expenses required for self-employment or business operation. Straight-line depreciation, using Internal Revenue Service (IRS) guidelines, shall be the only allowable method of calculating depreciation expense in determining gross income. Specifically excluded from ordinary and necessary expenses for purposes of this guideline shall be investment tax credits or any other business expenses inappropriate for determining gross income for purposes of calculating child support. Income and expenses from self-employment or operation of a business shall be carefully reviewed to determine an appropriate level of gross income available to the parent to satisfy a child support obligation. In most cases, this amount will differ from a determination of business income for tax purposes. Expense reimbursement or in-kind payments received by a parent in the course of employment, self-employment, or operation of a business or personal use of business property or payments of expenses by a business, shall be counted as income if they are significant and reduce personal living expenses such as a company or business car, free housing, reimbursed meals, or club dues.
(d) If a parent is voluntarily unemployed or underemployed, child support shall be calculated based on a determination of potential income, except that a determination of potential income shall not be made for a parent who is physically or mentally incapacitated or is caring for a very young child, age three (3) or younger, for whom the parents owe a joint legal responsibility. Potential income shall be determined based upon employment potential and probable earnings level based on the obligor's or obligee's recent work history, occupational qualifications, and prevailing job opportunities and earnings levels in the community. A court may find a parent to be voluntarily unemployed or underemployed without finding that the parent intended to avoid or reduce the child support obligation.
(e) “Imputed child support obligation” means the amount of child support the parent would be required to pay from application of the child support guidelines.
(f) Income statements of the parents shall be verified by documentation of both current and past income. Suitable documentation shall include, but shall not be limited to, income tax returns, paystubs, employer statements, or receipts and expenses if self-employed.
(g) “Combined monthly adjusted parental gross income” means the combined monthly gross incomes of both parents, less any of the following payments made by the parent:
1. The amount of pre-existing orders for current maintenance for prior spouses to the extent payment is actually made and the amount of current maintenance, if any, ordered paid in the proceeding before the court;
2. The amount of pre-existing orders of current child support for prior-born children to the extent payment is actually made under those orders; and
3. A deduction for the support to the extent payment is made, if a parent is legally responsible for and is actually providing support for other prior-born children who are not the subject of a particular proceeding. If the prior-born children reside with that parent, an “imputed child support obligation” shall be allowed in the amount which would result from application of the guidelines for the support of the prior-born children.
(h) “Split custody arrangement” means a situation where each parent is the residential custodian for one (1) or more children for whom the parents share a joint legal responsibility.
(3) The child support obligation set forth in the child support guidelines table shall be divided between the parents in proportion to their combined monthly adjusted parental gross income.
(4) The child support obligation shall be the appropriate amount for the number of children in the table for whom the parents share a joint legal responsibility. The minimum amount of child support shall be sixty dollars ($60) per month.
(5) The court may use its judicial discretion in determining child support in circumstances where combined adjusted parental gross income exceeds the uppermost levels of the guideline table.
(6) The child support obligation in a split custody arrangement shall be calculated in the following manner:
(a) Two (2) separate child support obligation worksheets shall be prepared, one (1) for each household, using the number of children born of the relationship in each separate household, rather than the total number of children born of the relationship.
(b) The nonresidential custodian with the greater monthly obligation amount shall pay the difference between the obligation amounts, as determined by the worksheets, to the other parent.
(7) The child support guidelines table is as follows:
|
COMBINED MONTHLY ADJUSTED PARENTAL GROSS INCOME |
ONE CHILD |
TWO CHILDREN |
THREE |
FOUR |
FIVE |
SIX OR MORE |
|
|
|
|
|
|
|
|
|
$ 0 |
$ 60 |
$ 60 |
$ 60 |
$ 60 |
$ 60 |
$ 60 |
|
100 |
60 |
60 |
60 |
60 |
60 |
60 |
|
200 |
70 |
70 |
70 |
70 |
70 |
70 |
|
300 |
80 |
80 |
80 |
80 |
80 |
80 |
|
400 |
90 |
90 |
90 |
90 |
90 |
90 |
|
500 |
100 |
105 |
110 |
115 |
120 |
125 |
|
600 |
120 |
125 |
130 |
135 |
140 |
145 |
|
700 |
140 |
156 |
161 |
166 |
171 |
176 |
|
800 |
160 |
203 |
208 |
213 |
218 |
223 |
|
900 |
180 |
261 |
266 |
271 |
276 |
281 |
|
1,000 |
195 |
303 |
325 |
330 |
335 |
340 |
|
1,100 |
212 |
324 |
384 |
389 |
394 |
399 |
|
1,200 |
229 |
346 |
433 |
446 |
451 |
456 |
|
1,300 |
246 |
367 |
460 |
504 |
510 |
515 |
|
1,400 |
262 |
392 |
491 |
554 |
576 |
582 |
|
1,500 |
277 |
417 |
522 |
588 |
642 |
650 |
|
1,600 |
293 |
437 |
548 |
618 |
674 |
717 |
|
1,700 |
308 |
458 |
574 |
647 |
706 |
755 |
|
1,800 |
322 |
478 |
599 |
675 |
736 |
788 |
|
1,900 |
336 |
495 |
620 |
699 |
763 |
816 |
|
2,000 |
350 |
512 |
642 |
723 |
789 |
844 |
|
2,100 |
364 |
529 |
663 |
747 |
815 |
872 |
|
2,200 |
376 |
546 |
684 |
771 |
841 |
900 |
|
2,300 |
389 |
563 |
706 |
795 |
868 |
928 |
|
2,400 |
401 |
580 |
727 |
819 |
894 |
956 |
|
2,500 |
413 |
597 |
749 |
843 |
920 |
984 |
|
2,600 |
424 |
614 |
770 |
867 |
946 |
1,012 |
|
2,700 |
435 |
630 |
790 |
889 |
970 |
1,038 |
|
2,800 |
445 |
646 |
809 |
911 |
994 |
1,064 |
|
2,900 |
455 |
662 |
829 |
934 |
1,019 |
1,090 |
|
3,000 |
465 |
677 |
849 |
956 |
1,043 |
1,116 |
|
3,100 |
475 |
693 |
868 |
978 |
1,067 |
1,142 |
|
3,200 |
485 |
709 |
888 |
1,001 |
1,092 |
1,168 |
|
3,300 |
495 |
725 |
908 |
1,023 |
1,116 |
1,194 |
|
3,400 |
506 |
741 |
928 |
1,045 |
1,140 |
1,220 |
|
3,500 |
516 |
757 |
947 |
1,067 |
1,164 |
1,246 |
|
3,600 |
526 |
773 |
967 |
1,090 |
1,189 |
1,272 |
|
3,700 |
536 |
790 |
988 |
1,113 |
1,215 |
1,299 |
|
3,800 |
548 |
808 |
1,011 |
1,139 |
1,243 |
1,329 |
|
3,900 |
559 |
826 |
1,033 |
1,164 |
1,270 |
1,359 |
|
4,000 |
571 |
844 |
1,056 |
1,190 |
1,298 |
1,388 |
|
4,100 |
580 |
862 |
1,078 |
1,215 |
1,326 |
1,418 |
|
4,200 |
592 |
880 |
1,101 |
1,240 |
1,353 |
1,448 |
|
4,300 |
603 |
898 |
1,123 |
1,266 |
1,381 |
1,477 |
|
4,400 |
615 |
916 |
1,146 |
1,291 |
1,409 |
1,507 |
|
4,500 |
626 |
933 |
1,161 |
1,316 |
1,435 |
1,535 |
|
4,600 |
636 |
949 |
1,181 |
1,338 |
1,459 |
1,561 |
|
4,700 |
647 |
964 |
1,200 |
1,360 |
1,483 |
1,586 |
|
4,800 |
657 |
980 |
1,220 |
1,381 |
1,507 |
1,612 |
|
4,900 |
667 |
995 |
1,239 |
1,403 |
1,531 |
1,637 |
|
5,000 |
676 |
1,010 |
1,257 |
1,424 |
1,554 |
1,661 |
|
5,100 |
686 |
1,025 |
1,275 |
1,444 |
1,576 |
1,685 |
|
5,200 |
695 |
1,039 |
1,294 |
1,465 |
1,599 |
1,709 |
|
5,300 |
705 |
1,054 |
1,312 |
1,486 |
1,621 |
1,733 |
|
5,400 |
714 |
1,069 |
1,330 |
1,506 |
1,644 |
1,757 |
|
5,500 |
724 |
1,083 |
1,348 |
1,527 |
1,666 |
1,781 |
|
5,600 |
733 |
1,098 |
1,367 |
1,548 |
1,689 |
1,805 |
|
5,700 |
743 |
1,113 |
1,385 |
1,568 |
1,712 |
1,829 |
|
5,800 |
753 |
1,127 |
1,403 |
1,589 |
1,734 |
1,853 |
|
5,900 |
762 |
1,142 |
1,421 |
1,610 |
1,757 |
1,877 |
|
6,000 |
772 |
1,157 |
1,440 |
1,630 |
1,779 |
1,901 |
|
6,100 |
781 |
1,171 |
1,458 |
1,651 |
1,802 |
1,926 |
|
6,200 |
791 |
1,186 |
1,476 |
1,672 |
1,824 |
1,950 |
|
6,300 |
800 |
1,198 |
1,498 |
1,690 |
1,844 |
1,970 |
|
6,400 |
808 |
1,209 |
1,511 |
1,705 |
1,860 |
1,988 |
|
6,500 |
816 |
1,219 |
1,524 |
1,720 |
1,876 |
2,005 |
|
6,600 |
823 |
1,230 |
1,538 |
1,735 |
1,893 |
2,023 |
|
6,700 |
830 |
1,240 |
1,551 |
1,750 |
1,909 |
2,040 |
|
6,800 |
837 |
1,251 |
1,564 |
1,764 |
1,925 |
2,058 |
|
6,900 |
844 |
1,261 |
1,577 |
1,779 |
1,942 |
2,075 |
|
7,000 |
851 |
1,272 |
1,591 |
1,794 |
1,958 |
2,093 |
|
7,100 |
858 |
1,282 |
1,604 |
1,809 |
1,975 |
2,110 |
|
7,200 |
865 |
1,293 |
1,617 |
1,824 |
1,991 |
2,127 |
|
7,300 |
872 |
1,303 |
1,630 |
1,839 |
2,007 |
2,145 |
|
7,400 |
879 |
1,313 |
1,644 |
1,854 |
2,024 |
2,162 |
|
7,500 |
885 |
1,324 |
1,657 |
1,869 |
2,040 |
2,179 |
|
7,600 |
891 |
1,333 |
1,668 |
1,881 |
2,053 |
2,194 |
|
7,700 |
896 |
1,342 |
1,679 |
1,893 |
2,066 |
2,208 |
|
7,800 |
901 |
1,350 |
1,691 |
1,905 |
2,079 |
2,223 |
|
7,900 |
907 |
1,359 |
1,702 |
1,917 |
2,093 |
2,238 |
|
8,000 |
912 |
1,368 |
1,713 |
1,929 |
2,106 |
2,252 |
|
8,100 |
917 |
1,377 |
1,724 |
1,941 |
2,119 |
2,267 |
|
8,200 |
922 |
1,386 |
1,736 |
1,953 |
2,133 |
2,281 |
|
8,300 |
928 |
1,395 |
1,747 |
1,965 |
2,146 |
2,296 |
|
8,400 |
933 |
1,404 |
1,758 |
1,977 |
2,159 |
2,311 |
|
8,500 |
938 |
1,413 |
1,769 |
1,989 |
2,173 |
2,325 |
|
8,600 |
944 |
1,421 |
1,780 |
2,002 |
2,186 |
2,340 |
|
8,700 |
949 |
1,430 |
1,792 |
2,014 |
2,199 |
2,354 |
|
8,800 |
954 |
1,437 |
1,800 |
2,024 |
2,210 |
2,366 |
|
8,900 |
958 |
1,444 |
1,809 |
2,033 |
2,220 |
2,376 |
|
9,000 |
962 |
1,450 |
1,817 |
2,042 |
2,230 |
2,387 |
|
9,100 |
966 |
1,457 |
1,825 |
2,052 |
2,241 |
2,398 |
|
9,200 |
971 |
1,463 |
1,833 |
2,061 |
2,251 |
2,408 |
|
9,300 |
975 |
1,470 |
1,842 |
2,070 |
2,261 |
2,419 |
|
9,400 |
979 |
1,476 |
1,850 |
2,079 |
2,271 |
2,430 |
|
9,500 |
983 |
1,483 |
1,858 |
2,089 |
2,281 |
2,440 |
|
9,600 |
988 |
1,489 |
1,866 |
2,098 |
2,291 |
2,451 |
|
9,700 |
992 |
1,496 |
1,874 |
2,107 |
2,301 |
2,461 |
|
9,800 |
996 |
1,502 |
1,883 |
2,117 |
2,311 |
2,472 |
|
9,900 |
1,000 |
1,508 |
1,891 |
2,126 |
2,321 |
2,483 |
|
10,000 |
1,005 |
1,515 |
1,899 |
2,165 |
2,331 |
2,493 |
|
10,400 |
1,022 |
1,541 |
1,932 |
2,202 |
2,372 |
2,536 |
|
10,500 |
1,027 |
1,548 |
1,940 |
2,212 |
2,382 |
2,546 |
|
10,600 |
1,032 |
1,554 |
1,948 |
2,221 |
2,392 |
2,557 |
|
10,700 |
1,036 |
1,561 |
1,956 |
2,230 |
2,402 |
2,567 |
|
10,800 |
1,040 |
1,567 |
1,965 |
2,240 |
2,412 |
2,578 |
|
10,900 |
1,044 |
1,573 |
1,973 |
2,249 |
2,422 |
2,589 |
|
11,000 |
1,049 |
1,580 |
1,981 |
2,258 |
2,432 |
2,599 |
|
11,100 |
1,053 |
1,587 |
1,989 |
2,268 |
2,443 |
2,610 |
|
11,200 |
1,058 |
1,593 |
1,997 |
2,277 |
2,453 |
2,620 |
|
11,300 |
1,062 |
1,600 |
2,005 |
2,286 |
2,463 |
2,631 |
|
11,400 |
1,066 |
1,606 |
2,013 |
2,295 |
2,473 |
2,642 |
|
11,500 |
1,070 |
1,613 |
2,021 |
2,305 |
2,483 |
2,652 |
|
11,600 |
1,075 |
1,619 |
2,029 |
2,314 |
2,493 |
2,663 |
|
11,700 |
1,079 |
1,626 |
2,037 |
2,323 |
2,503 |
2,673 |
|
11,800 |
1,084 |
1,633 |
2,046 |
2,333 |
2,513 |
2,684 |
|
11,900 |
1,088 |
1,639 |
2,054 |
2,342 |
2,523 |
2,695 |
|
12,000 |
1,093 |
1,646 |
2,062 |
2,351 |
2,533 |
2,705 |
|
12,100 |
1,097 |
1,653 |
2,070 |
2,361 |
2,544 |
2,716 |
|
12,200 |
1,102 |
1,659 |
2,078 |
2,370 |
2,554 |
2,726 |
|
12,300 |
1,106 |
1,666 |
2,086 |
2,379 |
2,564 |
2,737 |
|
12,400 |
1,110 |
1,672 |
2,094 |
2,388 |
2,574 |
2,748 |
|
12,500 |
1,114 |
1,679 |
2,102 |
2,398 |
2,584 |
2,758 |
|
12,600 |
1,119 |
1,685 |
2,110 |
2,407 |
2,594 |
2,769 |
|
12,700 |
1,123 |
1,692 |
2,118 |
2,416 |
2,604 |
2,779 |
|
12,800 |
1,128 |
1,699 |
2,127 |
2,426 |
2,614 |
2,790 |
|
12,900 |
1,132 |
1,705 |
2,135 |
2,435 |
2,624 |
2,801 |
|
13,000 |
1,137 |
1,712 |
2,143 |
2,444 |
2,634 |
2,811 |
|
13,100 |
1,141 |
1,719 |
2,151 |
2,454 |
2,645 |
2,822 |
|
13,200 |
1,146 |
1,725 |
2,159 |
2,463 |
2,665 |
2,832 |
|
13,300 |
1,150 |
1,732 |
2,167 |
2,472 |
2,665 |
2,843 |
|
13,400 |
1,154 |
1,738 |
2,175 |
2,481 |
2,675 |
2,854 |
|
13,500 |
1,158 |
1,745 |
2,183 |
2,491 |
2,685 |
2,864 |
|
13,600 |
1,163 |
1,751 |
2,191 |
2,500 |
2,695 |
2,875 |
|
13,700 |
1,167 |
1,758 |
2,199 |
2,509 |
2,705 |
2,885 |
|
13,800 |
1,172 |
1,765 |
2,208 |
2,519 |
2,715 |
2,896 |
|
13,900 |
1,176 |
1,771 |
2,216 |
2,528 |
2,725 |
2,907 |
|
14,000 |
1,181 |
1,778 |
2,224 |
2,537 |
2,735 |
2,917 |
|
14,100 |
1,185 |
1,785 |
2,232 |
2,547 |
2,746 |
2,928 |
|
14,200 |
1,190 |
1,791 |
2,240 |
2,556 |
2,756 |
2,938 |
|
14,300 |
1,194 |
1,798 |
2,248 |
2,565 |
2,766 |
2,949 |
|
14,400 |
1,198 |
1,804 |
2,256 |
2,574 |
2,776 |
2,960 |
|
14,500 |
1,202 |
1,811 |
2,264 |
2,584 |
2,786 |
2,970 |
|
14,600 |
1,207 |
1,817 |
2,272 |
2,593 |
2,796 |
2,981 |
|
14,700 |
1,211 |
1,824 |
2,280 |
2,602 |
2,806 |
2,991 |
|
14,800 |
1,216 |
1,831 |
2,289 |
2,612 |
2,816 |
3,002 |
|
14,900 |
1,220 |
1,837 |
2,297 |
2,621 |
2,826 |
3,013 |
|
15,000 |
1,225 |
1,844 |
2,305 |
2,630 |
2,836 |
3,023 |
Credits
HISTORY: 2000 c 430, § 9, eff. 7-14-00; 1998 c 255, § 20, c 100, § 8, eff. 7-15-98; 1996 c 365, § 6, eff. 7-15-96; 1994 c 330, § 11, eff. 7-15-94; 1990 c 418, § 3, eff. 7-13-90
Footnotes
KRS § 403.212, KY ST § 403.212
Current with emergency effective legislation through Chapter 181 of the 2019 Regular Session
Effective: July 14, 2018
KRS § 403.211
403.211 Action to establish or enforce child support; rebuttable presumption for award; allocation of child-care costs and health care expenses; order for payment of health care coverage; noncustodial parent's health plan; attachment of income; credit for disability payments
(1) An action to establish or enforce child support may be initiated by the parent, custodian, or agency substantially contributing to the support of the child. The action may be brought in the county in which the child resides or where the defendant resides.
(2) At the time of initial establishment of a child support order, whether temporary or permanent, or in any proceeding to modify a support order, the child support guidelines in KRS 403.212 shall serve as a rebuttable presumption for the establishment or modification of the amount of child support. Courts may deviate from the guidelines where their application would be unjust or inappropriate. Any deviation shall be accompanied by a written finding or specific finding on the record by the court, specifying the reason for the deviation.
(3) A written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case shall be sufficient to rebut the presumption and allow for an appropriate adjustment of the guideline award if based upon one (1) or more of the following criteria:
(a) A child's extraordinary medical or dental needs;
(b) A child's extraordinary educational, job training, or special needs;
(c) Either parent's own extraordinary needs, such as medical expenses;
(d) The independent financial resources, if any, of the child or children;
(e) Combined monthly adjusted parental gross income in excess of the Kentucky child support guidelines;
(f) The parents of the child, having demonstrated knowledge of the amount of child support established by the Kentucky child support guidelines, have agreed to child support different from the guideline amount. However, no such agreement shall be the basis of any deviation if public assistance is being paid on behalf of a child under the provisions of Part D of Title IV of the Federal Social Security Act1; and
(g) Any similar factor of an extraordinary nature specifically identified by the court which would make application of the guidelines inappropriate.
(4) “Extraordinary” as used in this section shall be determined by the court in its discretion.
(5) When a party has defaulted or the court is otherwise presented with insufficient evidence to determine gross income, the court shall order child support based upon the needs of the child or the previous standard of living of the child, whichever is greater. An order entered by default or due to insufficient evidence to determine gross income may be modified upward and arrearages awarded from the date of the original order if evidence of gross income is presented within two (2) years which would have established a higher amount of child support pursuant to the child support guidelines set forth in KRS 403.212.
(6) The court shall allocate between the parents, in proportion to their combined monthly adjusted parental gross income, reasonable and necessary child care costs incurred due to employment, job search, or education leading to employment, in addition to the amount ordered under the child support guidelines.
(7) (a) Pursuant to 45 C.F.R. sec. 303.31(a)(2), for the purposes of this section, “health care coverage” includes fee for service, health maintenance organization, preferred provider organization, and other types of private health insurance and public health care coverage under which medical services could be provided to a dependent child. If health care coverage is reasonable in cost and accessible to either parent at the time the request for coverage is made, the court shall order the parent to obtain or maintain coverage, and the court shall allocate between the parents, in proportion to their combined monthly adjusted parental gross income, the cost of health care coverage for the child, in addition to the support ordered under the child support guidelines.
(b) A parent, who has one hundred percent (100%) of the combined monthly adjusted parental gross income, shall be entitled to a reduction in gross income of the entire amount of premiums incurred and paid.
(c) The court shall order the cost of health care coverage of the child to be paid by either or both parents of the child regardless of who has physical custody. The court order shall include:
1. A judicial directive designating which parent shall have financial responsibility for providing health care coverage for the dependent child, which shall include but not be limited to health care coverage, payments of necessary health care deductibles or copayments;
2. If appropriate, cash medical support. “Cash medical support” means an amount to be paid toward the cost of health care coverage, fixed payments for ongoing medical costs, extraordinary medical expenses, or any combination thereof; and
3. A statement providing that if the designated parent's health care coverage provides for covered services for dependent children beyond the age of majority, then any unmarried children up to twenty-five (25) years of age who are full-time students enrolled in and attending an accredited educational institution and who are primarily dependent on the insured parent for maintenance and support shall be covered.
(d) If health care coverage is not reasonable in cost and accessible at the time the request for the coverage is made, the court order shall provide for cash medical support until health care coverage becomes reasonable in cost and accessible.
(8) (a) For purposes of this section, “reasonable in cost” means that the cost of coverage to the responsible parent does not exceed five percent (5%) of his or her gross income. The five percent (5%) standard shall apply to the cost of adding the child to an existing policy, the difference in the cost between a single and a family policy, or the cost of acquiring a separate policy to cover the child. If the parties agree or the court finds good cause exists, the court may order health care coverage in excess of five percent (5%) of the parent's gross income.
(b) For purposes of this section, “accessible” means that there are providers who meet the health care needs of the child and who are located no more than sixty (60) minutes or sixty (60) miles from the child's primary residence, except that nothing shall prohibit use of a provider located more than sixty (60) minutes or sixty (60) miles from the child's primary residence.
(9) The cost of extraordinary medical expenses shall be allocated between the parties in proportion to their combined monthly adjusted parental gross incomes. “Extraordinary medical expenses” means uninsured expenses in excess of one hundred dollars ($100) per child per calendar year. “Extraordinary medical expenses” includes but is not limited to the costs that are reasonably necessary for medical, surgical, dental, orthodontal, optometric, nursing, and hospital services; for professional counseling or psychiatric therapy for diagnosed medical disorders; and for drugs and medical supplies, appliances, laboratory, diagnostic, and therapeutic services.
(10) The court order shall include the Social Security numbers, provided in accordance with KRS 403.135, of all parties subject to a support order.
(11) In any case administered by the Cabinet for Health and Family Services, if the parent ordered to provide health care coverage is enrolled through an insurer but fails to enroll the child under family coverage, the other parent or the Cabinet for Health and Family Services may, upon application, enroll the child.
(12) In any case administered by the cabinet, information received or transmitted shall not be published or be open for public inspection, including reasonable evidence of domestic violence or child abuse if the disclosure of the information could be harmful to the custodial parent or the child of the parent. Necessary information and records may be furnished as specified by KRS 205.175.
(13) In the case in which a parent is obligated to provide health care coverage, and changes employment, and the new employer provides health care coverage, the Cabinet for Health and Family Services shall transfer notice of the provision for coverage for the child to the employer, which shall operate to enroll this child in the obligated parent's health plan, unless the obligated parent contests the notice as specified by KRS Chapter 13B.
(14) Notwithstanding any other provision of this section, any wage or income shall not be exempt from attachment or assignment for the payment of current child support or owed or to-be-owed child support.
(15) A payment of money received by a child as a result of a parental disability shall be credited against the child support obligation of the parent. A payment shall not be counted as income to either parent when calculating a child support obligation. An amount received in excess of the child support obligation shall be credited against a child support arrearage owed by the parent that accrued subsequent to the date of the parental disability, but shall not be applied to an arrearage that accrued prior to the date of disability. The date of disability shall be as determined by the paying agency.
Credits
HISTORY: 2018 c 68, § 1, eff. 7-14-18; 2009 c 82, § 1, eff. 6-25-09; 2006 c 126, § 4, eff. 7-12-06; 2005 c 99, § 624, eff. 6-20-05; 2000 c 430, § 18, eff. 7-14-00; 1998 c 255, § 19, c 426, § 579, eff. 7-15-98; 1996 c 328, § 3, eff. 7-15-96; 1994 c 330, § 10, eff. 7-15-94; 1990 c 418, § 2, eff. 7-13-90
Footnotes
KRS § 403.211, KY ST § 403.211
Current with emergency effective legislation through Chapter 181 of the 2019 Regular Session
KRS § 403.200
403.200 Maintenance; court may grant order for either spouse
(1) In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of a marriage by a court which lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse only if it finds that the spouse seeking maintenance:
(a) Lacks sufficient property, including marital property apportioned to him, to provide for his reasonable needs; and
(b) Is unable to support himself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.
(2) The maintenance order shall be in such amounts and for such periods of time as the court deems just, and after considering all relevant factors including:
(a) The financial resources of the party seeking maintenance, including marital property apportioned to him, and his ability to meet his needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;
(b) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;
(c) The standard of living established during the marriage;
(d) The duration of the marriage;
(e) The age, and the physical and emotional condition of the spouse seeking maintenance; and
(f) The ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance.
Credits
HISTORY: 1972 c 182, § 10, eff. 6-16-72
KRS § 403.200, KY ST § 403.200
Current with emergency effective legislation through Chapter 181 of the 2019 Regular Session
Effective: July 12, 2006
KRS § 403.160
403.160 Temporary orders; maintenance, child support, injunction; disclosure of information on domestic violence or child abuse
(1) In a proceeding for dissolution of marriage or for legal separation, or in a proceeding for disposition of property or for maintenance or support following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse, either party may move for temporary maintenance. The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.
(2) (a) In a proceeding for dissolution of marriage, legal separation, or child support, either party, with notice to the opposing party, may move for temporary child support. The motion shall be accompanied by an affidavit setting forth the number of children of the marriage and the information required to calculate the combined adjusted parental gross income set forth in KRS 403.212(2)(g), and the Social Security numbers, provided in accordance with KRS 403.135, of all parties subject to the motion. The court shall, within fourteen (14) days from the filing of said motion, order an amount of temporary child support based upon the child support guidelines as provided by law, and the ordered child support shall be retroactive to the date of the filing of the motion unless otherwise ordered by the court.
(b) Upon a showing of good cause, either party may move the court to enter an order for temporary child support without written or oral notice to the adverse party. After reviewing the affidavit required by paragraph (a) of this subsection, the court may issue a temporary child support order based upon the child support guidelines. The order shall provide that the order becomes effective seven (7) days following service of the order and movant's affidavit upon the adverse party unless the adverse party, within the seven (7) day period, files a motion for a hearing before the court. The motion for hearing shall be accompanied by the affidavit required by paragraph (a) of this subsection. Pending the hearing, the adverse party shall pay child support in an amount based upon the guidelines and the adverse party's affidavit. The child support order entered following the hearing shall be retroactive to the date of the filing of the motion for temporary support unless otherwise ordered by the court.
(3) As part of a motion for temporary maintenance or support or by independent motion accompanied by affidavit, either party may request the court to issue a temporary injunction or restraining order pursuant to the Rules of Civil Procedure.
(4) If the court or agent of the court is made aware that there is reasonable evidence of domestic violence or child abuse, the court shall determine whether disclosure to any other person of the information could be harmful to the parent or child, and if the court determines that disclosure to any person could be harmful, the court and its agents shall not make the disclosure.
(5) On the basis of the showing made and in conformity with KRS 403.200, the court may issue a temporary injunction or restraining order and an order for temporary maintenance in amounts and on terms just and proper in the circumstances.
(6) A temporary order or temporary injunction:
(a) Does not prejudice the rights of the parties or the child which are to be adjudicated at subsequent hearings in the proceeding;
(b) May be revoked or modified before final decree on a showing of the facts necessary to revocation or modification under the circumstances; and
(c) Terminates when the final decree is entered or when the petition for dissolution or legal separation is voluntarily dismissed.
Credits
HISTORY: 2006 c 126, § 3, eff. 7-12-06; 2000 c 430, § 15, eff. 7-14-00; 1998 c 255, § 18, eff. 7-15-98; 1996 c 365, § 5, eff. 7-15-96; 1994 c 330, § 9, eff. 7-15-94; 1990 c 418, § 7, eff. 7-13-90; 1972 c 182, § 6
LRC NOTES
Legislative Research Commission Note (7-14-00): Although House Committee Amendment 1 (adopted by the House of Representatives and concurred in by the Senate) to the General Assembly version of Senate Bill 218 eliminated a new paragraph (c) in KRS 403.212(2) that had required a conforming amendment to this statute to change a cross-reference from “KRS 403.212(2)(g)” to “KRS 403.212(2)(h)” in subsection (2)(a) of this statute, the conforming amendment was not corrected in the floor amendment. Because of this omission and because of the context of the cross-reference, the change in subsection (2)(a) of this statute constitutes a manifest clerical or typographical error and has not been included in codification. See KRS 7.136(1)(h).
KRS § 403.160, KY ST § 403.160
Current with emergency effective legislation through Chapter 181 of the 2019 Regular Session
