SB 110 — AN ACT relating to child support.

UNOFFICIAL COPY 24 RS BRSB 1562110/GA AN ACT relating to child support.

(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 childchild. at any time following conception as defined in KRS 311.7701.

A child support order shall be retroactive pursuant to Sections 2 and 3 of this Act.

(f) The parents of the child, having demonstrated knowledge of the amount of child support established by the Kentucky child support guidelines, have Page 1 of 9 SB011010.100 - 1562 - XXXX 3/5/2024 3:33 PM GA UNOFFICIAL COPY 24 RS SB 110/GA agreed to child support different from the guideline amount.

However, no Page 1 of 5 XXXX 1/10/2024 3:09 PM Jacketed UNOFFICIAL COPY 24 RS BR 1562 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 Act;

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,Page and2 theof court9 shallSB011010.100 allocate- between1562 the- parents,XXXX in3/5/2024 proportion3:33 toPM PageGA 2UNOFFICIAL ofCOPY 524 XXXXRS 1/10/2024SB 3:09110/GA PMcoverage, Jacketedand UNOFFICIALthe COPYcourt 24shall RSallocate BRbetween 1562the 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.

(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 Page 3 of 9 SB011010.100 - 1562 - XXXX 3/5/2024 3:33 PM GA UNOFFICIAL COPY 24 RS SB 110/GA accessible.

Page 3 of 5 XXXX 1/10/2024 3:09 PM Jacketed UNOFFICIAL COPY 24 RS BR 1562 (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.

(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 failsPage to4 enrollof the9 childSB011010.100 under- family1562 coverage,- theXXXX other3/5/2024 parent3:33 orPM theGA CabinetUNOFFICIAL forCOPY Page24 4RS ofSB 5110/GA XXXXfails 1/10/2024to 3:09enroll PMthe Jacketedchild UNOFFICIALunder COPYfamily 24coverage, RSthe BRother 1562parent or the Cabinet for Health and Family Services may, upon application, enroll the child.

PageSection 52. of 5 XXXX 1/10/2024 3:09 PM Jacketed

KRS 403.160 is amended to read as follows:

(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 Page 5 of 9 SB011010.100 - 1562 - XXXX 3/5/2024 3:33 PM GA UNOFFICIAL COPY 24 RS SB 110/GA 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, 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:

1.

The date of the filing of the motion unless otherwise ordered by the court;

or 2.

Nine (9) months prior to the birth of the child if the order is entered within the first year after the birth of the child.

(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 Page 6 of 9 SB011010.100 - 1562 - XXXX 3/5/2024 3:33 PM GA UNOFFICIAL COPY 24 RS SB 110/GA 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:

1.

The date of the filing of the motion for temporary support unless otherwise ordered by the court;

or 2.

Nine (9) months prior to the birth of the child if the order is entered within the first year after the birth of the child.

(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.

Section 3.

KRS 406.025 is amended to read as follows:

(1) Upon completion of a signed, notarized, voluntary acknowledgment-of-paternity Page 7 of 9 SB011010.100 - 1562 - XXXX 3/5/2024 3:33 PM GA UNOFFICIAL COPY 24 RS SB 110/GA affidavit by the mother and alleged father, obtained through the hospital-based paternity program, and submitted to the state registrar of vital statistics, paternity shall be rebuttably presumed for the earlier of sixty (60) days or the date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a child support order.