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2.  What do I do to obtain a Kentucky Child Support Order?

4/29/2015

 
2.  Welcome back!  Let's say you want to get a Child Support Order requiring the other parent of your child to pay you child support.  The question we address in this Lesson is: What do I do to obtain a Kentucky Child Support Order?  In other words, let's get practical:  How do I get started?

KRS 403.211(1) requires that "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."

A Petition to establish child support is filed in the court clerk's office. A summons is to be issued by the clerk and served on the Respondent to notify him or her of the request, and the Respondent is required to submit a response to the Petition within 20 days of service, or he or she is considered to be in default.

If a Petition has already been filed (for divorce, for example) and there is an ongoing case between the parties, a Motion to Establish Child Support must be filed.  Some of the specific requirements for filing a Motion to Establish or Modify Child Support are found in Family Court Rule of Procedure and Practice (FCRPP) 9(4), which provides:

"(a) A motion to establish or modify child support shall be accompanied by the following:

(1)  A completed child support guidelines worksheet.

(2)  Copies of the movant's last three pay stubs or, if movant is self-employed, proof of the movant's current income.

(3)  The most recently filed federal and state income tax returns.

(4)  Verification of the cost of health insurance for the child(ren) only.

(5)  A notice of hearing accompanying a motion for child support which shall contain the following statement:  "You must file with the Court, at least 24 hours prior to the time of the hearing, a completed child support guidelines worksheet, and copies of your last three pay stubs or, if self-employed, proof of your current income and the most current federal and state tax returns.

(b)  The responding party is to similarly file the financial information at least 24 hours prior to the hearing.

(c)  All parties shall exchange said information 10 days prior to the hearing.

(d) In addition, counsel shall certify, prior to the hearing being held, that reasonable efforts were made to resolve all the issues in dispute."

If there is a question about paternity of the child, DNA testing may, depending on the circumstances, be ordered by the court in order to determine whether the man named as a Respondent is in fact the father of the child. KRS 406.011 provides (among other things):

"A child born during lawful wedlock, or within ten (10) months thereafter, is presumed to be the child of the husband and wife. However, a child born out of wedlock includes a child born to a married woman by a man other than her husband where evidence shows that the marital relationship between the husband and wife ceased ten (10) months prior to the birth of the child."

Presumptions are just that, and they can be rebutted by credible and admissible evidence.  The question of whether certain evidence is credible and admissible will be carefully examined by the court, and this Lesson does not offer insight concerning the myriad of issues that are addressed in this determination.

Clear?  If not, the Lessons that follow are intended to elaborate and clarify, but in the meantime, now you know a little bit about how to request a child support order in Kentucky.


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    Judge John Schrader is a Husband, a Father, and a Lexington Attorney providing legal and mediation services in the office of Sherrow, Sutherland & Associates, P.S.C.

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    CHILD SUPPORT TABLE OF CONTENTS
    1. Who is required to pay child support in Kentucky?
    Publish Date: April 29, 2015
    2. What do I do to obtain a Kentucky Child Support Order?

    Publish Date: April 29, 2015
    3. How is child support calculated under the guidelines?
    Publish Date: April 30, 2015
    4. What is considered “gross income” for child support calculations?
    Publish Date: May 5, 2015
    5. How do I find out what the other parent's income is?
    Publish Date: May 6, 2015
    6. What about income from self-employment or business income?
    Publish Date: May 7, 2015
    7. What if a parent is voluntarily unemployed or underemployed?
    Publish Date: May 13, 2015
    8. What if one parent is paying maintenance?
    Publish Date: May 13, 2015
    9. Is there an adjustment to a parent's "gross income" if he or she is supporting a prior-born
    child?

    Publish Date: May 13, 2015
    10. What happens in a split custody arrangement where Sissy lives with Mother and Jr. lives with Father?
    Publish Date: May 20, 2015
    11. When can a judge deviate from the child support “guidelines”?
    Publish Date: May 20, 2015
    12. When the parents' combined monthly adjusted gross income exceeds $15,000 per month, how is child support calculated?
    Publish Date: May 20, 2015
    13. How does Kentucky law deal with the big-ticket item of childcare expense?
    Publish Date: May 27, 2015
    14. Do parents have to maintain private health insurance for their child, and if so, who pays
    for it?

    Publish Date: May 27, 2015
    15. Who pays for deductibles and co-pays and how do we deal with extraordinary medical expenses not covered by the insurance?
    Publish Date: May 27, 2015
    16. How does a parent actually recover the proportionate share of extraordinary medical expenses from the other parent?
    Publish Date: June 3, 2015
    17. What if I find out the other parent has not been paying for childcare even though I have been paying for my share?
    Publish Date: June 3, 2015
    18. How do I get a modification of child support in Kentucky?
    Publish Date: June 3, 2015
    19. When does child support terminate?
    Publish Date: June 10, 2015
    20. Is a Wage Assignment Order required for child support in Kentucky?

    Publish Date: June 10, 2015
    21. What does the court do about child support when the child spends a considerable amount of time with both parents?
    Publish Date: June 10, 2015
    22. What is involved in collection of child support?
    Publish Date: June 17, 2015
    23. How does the law deal with enforcement of the child support order when my ex and I
    live in two different states?

    Publish Date: June 17, 2015
    24. If Kentucky does not have jurisdiction over the other parent of my child, what is the UIFSA process to deal with establishment, enforcement and modification of child support
    orders?

    Publish Date: June 17, 2015
    25. What about parents who were not husband and wife to each other when their child was
    born?

    Publish Date: June 24, 2015
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