8 chapters · 325 sections in this title.
KRS § 405.027 Court may require parent or guardian of minor defendant to pay attorney's fees and costs
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attorney's fees and costs. In any proceeding within this Commonwealth wherein a minor child is a party defendant, it shall be within the sound discretion of the court to direct that the parents or guardian of such minor child pay all attorney's fees and costs, including but not l…
KRS § 405.028 Custody, visitation, and inheritance rights denied parent convicted of a felony sexual offense from which victim delivered a child -- Waiver -- Child support obligation
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felony sexual offense from which victim delivered a child -- Waiver -- Child support obligation. (1) Except as provided in subsection (2) of this section, any person who has been convicted of a felony offense under KRS Chapter 510, or a comparable offense from another jurisdictio…
KRS § 405.060 Sale or conveyance in fraud of wife or child -- Transfer of income or property to avoid payment to child support creditor
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property to avoid payment to child support creditor. (1) Any sale or conveyance made to a purchaser with notice or for the benefit of any religious society, if made in fraud or hindrance of the right of wife or child to maintenance, shall be void as against the wife or child. (2)…
KRS § 405.070 Provision for children of parent joining certain religious societies
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When a parent of a child joins any religious society whose faith is similar to that of the Shakers without having made adequate provision for his children, the Circuit Court of the county where he resides, or of the county in which any part of his property is situated, if he does…
KRS § 405.075 Definitions for section -- Anonymity of parent who places newborn infant with emergency provider, police station, fire station, hospital, or participating place of worship -- Newborn safety device -- Transport to emergency room -- Implied consent to treatment -- Waiver by parent -- Sign posted at facility -- Immunity of provider, officer, firefighter, or staff member from liability -- Short title
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with emergency provider, police station, fire station, hospital, or participating place of worship -- Newborn safety device -- Transport to emergency room -- Implied consent to treatment -- Waiver by parent -- Sign posted at facility -- Immunity of provider, officer, firefighter,…
KRS § 405.390 Adoption of an adult
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An adult person over eighteen (18) years of age may be adopted in the same manner as provided by law for the adoption of a child and with the same legal effect, except that his consent alone to such adoption shall be required.
KRS § 405.405 Definitions in KRS 15.800 applicable to KRS 405.430 to 405.530
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The definitions provided in KRS 15.800 shall be applicable to KRS 405.430 to 405.530, unless the context requires otherwise.
KRS § 405.411 Newspaper publication of names of persons with child support arrearages or who fail to appear in child support cases
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or who fail to appear in child support cases. (1) The Office of the Attorney General's designee under KRS 15.802(6) for the administration of child support may compile a list of the names of persons under its jurisdiction who have a child support arrearage that equals or exceeds …
KRS § 405.430 Genetic testing to establish paternity -- Office may determine child support or child care obligation -- Adjustment of child support or child support obligation -- Order requiring parent to work or continue educational or training activities -- Disclosure of financial records -- Voluntary acknowledgment of paternity as basis -- Administrative subpoenas to enforce child support obligation -- Prohibition -- Employment assistance
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or child care obligation -- Adjustment of child support or child support obligation -- Order requiring parent to work or continue educational or training activities -- Disclosure of financial records -- Voluntary acknowledgment of paternity as basis -- Administrative subpoenas to…
KRS § 405.435 Information from employers and labor organizations upon hiring of Kentucky residents -- Use of information in matters of paternity and child support -- Fine for noncompliance -- Hearing
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Kentucky residents -- Use of information in matters of paternity and child support -- Fine for noncompliance -- Hearing. (1) An employer or labor organization in the Commonwealth of Kentucky shall provide information to the Office of the Attorney General when that employer or lab…
KRS § 405.440 Notice of, and hearing on, determination of obligation
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The notice of a minimum monthly support obligation shall be served in person or by certified mail, return receipt requested, and shall include at least the following: (1) The name of the child for whom the support obligation is owed; (2) The amount of the support debt accrued or …
KRS § 405.450 Dispute hearings -- Appeal -- Payment during pendency of appeal -- Contested obligation amount during modification review
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Contested obligation amount during modification review. (1) A hearing officer appointed by the Office of Administrative Hearings within the Department of Law shall conduct dispute hearings in the county of the child or parent's residence or any other location acceptable to the pa…
KRS § 405.460 Enforcement of support obligation without action of hearing officer -- Action to collect debt
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Action to collect debt. (1) When an arrearage has accrued that is equal to the amount of support payable for one (1) month on court-ordered or administratively-determined child support, which was set prior to July 15, 1988, the Office of the Attorney General may use judicial or a…
KRS § 405.463 Withholding of state lottery winnings of delinquent child support obligors
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The Kentucky Lottery Corporation and the Office of the Attorney General shall develop a system to allow the Kentucky Lottery Corporation to receive a list of delinquent child support obligors from the office on a monthly basis. The Kentucky Lottery Corporation shall withhold deli…
KRS § 405.465 Income withholding or wage assignments for child support, medical support, maintenance, and medical support insurance orders
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support, maintenance, and medical support insurance orders. (1) This section shall apply only to those child support, medical support, maintenance, and medical support insurance orders that are established, modified, or enforced by the Office of the Attorney General or those cour…
KRS § 405.467 Withholding order issued by office -- Notice -- Hearing -- Combining orders and allocating amounts -- Duty and liability of employer -- Priority -- Interstate requests
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orders and allocating amounts -- Duty and liability of employer -- Priority -- Interstate requests. (1) All support orders issued by the Office of the Attorney General, including those issued pursuant to Part D, Title IV of the Federal Social Security Act, shall provide for immed…
KRS § 405.470 Order to withhold and deliver earnings or property
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(1) The Attorney General may collect delinquent child support by issuing an order to withhold and deliver earnings or property of any kind, real and personal, including booting of vehicle in accordance with administrative regulations promulgated under KRS 15.820, which the Attorn…
KRS § 405.480 Order to withhold -- Service -- Contents
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(1) An order to withhold and deliver shall be personally served or mailed by certified mail, return receipt requested, on the person in possession or control of the property and the obligor. (2) The order shall state the basis for and the amount of the support debt and that the o…
KRS § 405.490 Answer to order to withhold -- Procedure for obligor to contest amount of delinquent support withheld
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delinquent support withheld. (1) Any person, including the obligor, who has been served with an order to withhold and deliver the obligor's property shall answer the order within twenty (20) days. (2) The person in possession of any obligor's property shall withhold it and delive…
KRS § 405.500 Rebuttable presumption of receipt of notice
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(1) Whenever KRS 15.800 to 15.876, 403.215, 405.405 to 405.520, 405.991(2), or 530.050 require delivery of a notice or other communication in person or by certified mail, return receipt requested, receipt shall be rebuttably presumed if the obligor or any other adult with apparen…
KRS § 405.510 Reciprocity
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Persons holding earnings or real or personal property in Kentucky of obligors who owe child support shall honor valid orders of other states' courts to enforce child support obligations.
KRS § 405.520 Administrative regulations
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The Office of the Attorney General may promulgate administrative regulations to implement KRS 15.800 to 15.876, 403.215, 405.405 to 405.520, 405.991(2), and 530.050. The office may adopt regulations necessary to prevent conflict with federal laws and regulations or the loss of fe…
KRS § 405.991 Penalties
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(1) Any person or corporation violating the provisions of KRS 405.465 or 405.467 shall be fined not more than five hundred dollars ($500) or be imprisoned in the county jail for not more than one (1) year, or both. (2) A person who violates KRS 405.490(2) shall pay the Office of …
KRS § 406.005 Definitions for KRS 406.011 to 406.180
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As used in KRS 406.011 to 406.180: (1) "Genetic markers" means separate identifiable genes or complexes of genes generally isolated as a result of blood typing, at least seven (7) of which are normally tested in a paternity proceeding. (2) "Genetic tests" means blood or tissue ty…
KRS § 406.011 Obligations of father -- Presumption of paternity
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The father of a child which is or may be born out of wedlock is liable to the same extent as the father of a child born in wedlock, whether or not the child is born alive, for the reasonable expense of the mother's pregnancy and confinement and for the education, necessary suppor…
KRS § 406.021 Determination of paternity -- Liability of noncustodial parent
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(1) Paternity may be determined upon the complaint of the mother, putative father, child, person, or agency substantially contributing to the support of the child. The action shall be brought by the county attorney or by the Office of the Attorney General or its designee upon the…
KRS § 406.025 Rebuttable presumption of voluntary acknowledgment-of-paternity affidavit -- Temporary support order if paternity is indicated -- Continuation of child support until final determination of paternity
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affidavit -- Temporary support order if paternity is indicated -- Continuation of child support until final determination of paternity. (1) Upon completion of a signed, notarized, voluntary acknowledgment-of-paternity affidavit by the mother and alleged father, obtained through t…
KRS § 406.031 Limitation of action
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(1) The determination of paternity under the provisions of KRS 406.021(1) shall be commenced within eighteen (18) years after the birth, miscarriage or stillbirth of a child. However, in such cases, liability for child support shall not predate the initiation of action taken to d…
KRS § 406.035 Written order of paternity -- Limit on public inspection -- Persons who may inspect
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may inspect. (1) If paternity has been determined under the provisions of KRS 406.021(1) or (2), the court shall make a written order of paternity. (2) Information concerning this action received or transmitted shall not be published or be open for public inspection, including wh…
KRS § 406.041 Effect of death of father on liabilities
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The obligation of the estate of the father for liabilities under this chapter shall not be terminated by the death of the father obligated to support the child. If a father obligated to support the child dies, the amount of support may be modified, revoked, or commuted to a lump-…
KRS § 406.051 Remedies -- District Court's concurrent jurisdiction for child custody and visitation in paternity cases
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visitation in paternity cases. (1) The District Court has jurisdiction of an action brought under this chapter and all remedies for the enforcement of judgments for expenses of pregnancy and confinement for a wife or for education, necessary support, or funeral expenses for child…
KRS § 406.061 Jury trial in paternity action
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To the extent necessary to conform to federal law, 42 U.S.C. sec. 666(a)(5)(l), except to the extent that it is required under Section 7 of the Constitution of Kentucky, no party shall be entitled to a trial by a jury in a paternity action.
KRS § 406.071 Time of trial
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If the issue of paternity is raised in an action commenced during the pregnancy of the mother, the trial shall not, without the consent of the alleged father, be held until after the birth or miscarriage but during such delay testimony may be perpetuated in accordance with the Ru…
KRS § 406.081 Authority for genetic tests -- Failure of alleged father to submit to tests
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The court, upon request of a party or on its own motion, shall order the mother, child, and alleged father to submit to genetic tests. If the mother refuses for herself or on behalf of the child to submit to the tests, the court may resolve the question of paternity against her u…
KRS § 406.091 Ratification of unchallenged acknowledgment of paternity -- Genetic tests to include tests for inherited characteristics -- Appointment of examiner of genetic markers -- Genetic testing in contested paternity case -- Admissibility of test results -- Additional tests -- Costs
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to include tests for inherited characteristics -- Appointment of examiner of genetic markers -- Genetic testing in contested paternity case -- Admissibility of test results -- Additional tests -- Costs. (1) An unchallenged acknowledgment of paternity shall be ratified under KRS C…
KRS § 406.101 Compensation of expert witnesses
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The compensation of each expert witness appointed by the court shall be fixed at a reasonable amount. It shall be paid as the court shall order. The court may order that it be paid by the parties in such proportions and at such times as it shall prescribe. The fee of an expert wi…
KRS § 406.111 Effect of test results -- Rebuttable presumption
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If the court finds that the conclusions of all the experts, as disclosed by the evidence based upon the tests, are that the alleged father is not the father of the child, the question of paternity shall be resolved accordingly. If the court finds that the statistical probability …
KRS § 406.115 Costs of action and attorney's fees
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The court from time to time, after considering the financial resources of both parties, may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding under this chapter and for attorney's fees for private counsel, includin…
KRS § 406.121 Judgment, how enforced
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Judgments under this chapter may be for periodic payments which may vary in amount. The court may order payments to be made to the mother or to some person, corporation, or agency designated to administer them under the supervision of the court. Willful failure of the alleged fat…
KRS § 406.131 Bond to secure payment of judgment
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The court at any time may require the alleged father to give bond or other security for the payment of the judgment. If the court requires that bond be given and if the alleged father is unwilling or unable to procure same, the alleged father may be confined to the county jail un…
KRS § 406.141 Settlement agreements
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An agreement of settlement with the alleged father is binding only when approved by the court.
KRS § 406.151 Venue
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An action under this chapter may be brought in the county where the alleged father is present or has property or in the county where the mother resides.
KRS § 406.161 Uniformity of interpretation
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This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
KRS § 406.170 Short title
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This chapter may be cited as the Uniform Act on Paternity.
KRS § 406.180 Applicability
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This chapter applies to all cases of birth out of wedlock: (1) Where birth occurs within this state; (2) When birth occurs out of this state at the time the mother is a resident of this state after June 18, 1964; or (3) When birth occurs out of this state and at some time followi…
KRS § 407.130 Interstate rendition
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The Governor of this state: (1) may demand from the Governor of any other state the surrender of any person found in such other state who is charged in this state with the crime of failing to provide for the support of any person in this state; and (2) may surrender on demand by …
KRS § 407.440 Appeal by Office of Attorney General
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If the Office of the Attorney General or its authorized representative is of the opinion that a support order is erroneous and presents a question of law warranting an appeal in the public interest, the Office of the Attorney General may perfect an appeal to the proper appellate …
KRS § 407.5101 Definitions for KRS 407.5101 to 407.5902
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As used in KRS 407.5101 to 407.5902: (1) "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent; (…
KRS § 407.5102 State tribunals and support enforcement agency
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The Circuit Court, District Court, family courts, and the Office of the Attorney General shall be the tribunals of this state. The Office of the Attorney General shall be the support enforcement agency of this state.
KRS § 407.5103 Remedies under KRS 407.5101 to 407.5902 cumulative
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(1) Remedies provided by KRS 407.5101 to 407.5902 are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity. (2) The provisions of KRS 407.5101 to 407.5902 do not: (a) Provide the exclusive m…