Kentucky divorce statutes §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.
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Kentucky divorce statutes §403.180 Separation
agreement -- Court may find unconscionable.
(1) To promote amicable settlement of disputes between parties to a marriage attendant upon their separation or the dissolution
of their marriage, the parties may enter into a written separation agreement containing provisions for maintenance of either
of them, disposition of any property owned by either of them, and custody, support and visitation of their children.
(2)
In a proceeding for dissolution of marriage or for legal separation, the terms of the separation agreement, except those
providing for the custody, support, and visitation of children, are binding upon the court unless it finds, after considering
the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or
on request of the court, that the separation agreement is unconscionable.
(3) If the court finds the separation agreement
unconscionable, it may request the parties to submit a revised separation agreement or may make orders for the disposition
of property,
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support,
and maintenance.
(4) If the court finds that the separation agreement is not unconscionable as to support, maintenance, and
property:
(a) Unless the separation agreement provides to the contrary, its terms shall be set forth verbatim or incorporated
by reference in the decree of dissolution or legal separation and the parties shall be ordered to perform them; or
(b) If
the separation agreement provides that its terms shall not be set forth in the decree, the decree shall identify the separation
agreement and state that the court has found the terms not unconscionable.
(5) Terms of the agreement set forth in the decree
are enforceable by all remedies available for enforcement of a judgment, including contempt, and are enforceable as contract
terms. (6) Except for terms concerning the support, custody, or visitation of children, the
decree may expressly preclude or limit modification of terms if the separation agreement so provides. Otherwise, terms of
a separation agreement are automatically modified by modification of the decree.
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Kentucky divorce statutes §403.170 Marriage
-- Irretrievable breakdown.
(1) If both of the parties by petition or otherwise have stated under oath or affirmation
that the marriage is irretrievably broken, or one of the parties has so stated and the other has not denied it, the court,
after hearing, shall make a finding whether the marriage is irretrievably broken. No decree shall be entered until the parties
have lived apart for 60 days. Living apart shall include living under the same roof without sexual cohabitation. The court
may order a conciliation conference as a part of the hearing. (2) If one of the parties has
denied under oath or affirmation that the marriage is irretrievably broken, the court shall consider all relevant factors,
including the circumstances that
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gave rise to filing the petition and the prospect
of reconciliation, and shall:
(a) Make a finding whether the marriage is irretrievably broken; or
(b) Continue the matter
for further hearing not fewer than 30 nor more than 60 days later, or as soon thereafter as the matter may be reached on
the court's calendar, and may suggest to the parties that they seek counseling. The court, at the request of either party
shall, or on its own motion may, order a conciliation conference. At the adjourned hearing the court shall make a finding
whether the marriage is irretrievably broken.
(3) A finding of irretrievable breakdown is a determination that there is no
reasonable prospect of reconciliation.
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Kentucky divorce statutes §403.190
Divorce Settlement. Disposition of property.
(1) In a proceeding for dissolution of the marriage or for legal separation, or in a proceeding for disposition of property
following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse or lacked jurisdiction
to dispose of the property, the court shall assign each spouse's property to him. It also shall divide the marital property
without regard to marital misconduct in just proportions considering all relevant factors including:
(a) Contribution of
each spouse to acquisition of the marital property, including contribution of a spouse as homemaker;
(b) Value of the property
set apart to each spouse;
(c) Duration of the marriage; and
(d) Economic circumstances of each spouse when the division of
property is to become effective, including the desirability of awarding the family home or the right to live therein for
reasonable periods to the spouse having custody of any children.
(2) For the purpose of this chapter, "marital property" means
all property acquired by either spouse subsequent to the marriage except:
(a) Property acquired by gift, bequest, devise,
or descent during the marriage and the income derived there from unless there are significant activities of either spouse
which contributed to the increase in value of said property and the income earned there from;
(b) Property acquired in exchange
for property acquired before the marriage or in exchange for property acquired by gift, bequest, devise, or descent; (c)
Property acquired by a spouse after a decree of legal separation; (d) Property excluded |
by valid agreement of the parties; and (e)
The increase in value of property acquired before the marriage to the extent that such increase did not result from the efforts
of the parties during marriage.
(3) All property acquired by either spouse after the marriage and before a decree of legal separation is presumed to be marital
property, regardless of whether title is held individually or by the spouses in some form of co-ownership such as joint tenancy,
tenancy in common, tenancy by the entirety, and community property. The presumption of marital property is overcome by a
showing that the property was acquired by a method listed in subsection (2) of this section. (4) If the retirement benefits
of one spouse are excepted from classification as marital property, or not considered as an economic circumstance during
the division of marital property, then the retirement benefits of the other spouse shall also be excepted, or not considered,
as the case may be. However, the level of exception provided to the spouse with the greater retirement benefit shall not
exceed the level of exception provided to the other spouse. Retirement benefits, for the purposes of this subsection shall
include retirement or disability allowances, accumulated contributions, or any other benefit of a retirement system or plan
regulated by the Employees Retirement Income Security Act of 1974, or of a public retirement system administered by an agency
of a state or local government, including deferred compensation plans created pursuant to KRS 18A.230 to 18A.275 or defined
contribution or money purchase plans qualified under Section 401(a) of the Internal Revenue Code of 1954, as amended.
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Kentucky divorce statutes §403.212
Child support guidelines
(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:
(b) "Income" definition..
(b) "Gross income" definition..
(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.
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(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, pay stubs, 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..
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Kentucky divorce statutes §403.230
Legal separation -- Court may convert, to a decree of dissolution -- Restoration of former name.
(1) No earlier than one year after entry of a decree of legal separation, the court on motion of either party shall convert
the decree to a decree of dissolution of marriage. |
(2) Upon request by a wife whose marriage is dissolved or declared
invalid, the court may, and if there are no children of the parties shall, order her maiden name or a former name restored.
History: Created
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Kentucky divorce statutes §403.270
Custodial issues -- Best interests of child shall determine -- Joint custody permitted -- 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. 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 custody;
(b) The wishes of the child as to his custodian;
(c) The interaction and interrelationship of |
the child with his parent or parents, his siblings, and any other
person who may significantly affect the child's best interests; (d) The child's adjustment to his home, school, and community;
(e) The mental and physical health of all individuals involved;
(f) Information, records, and evidence of domestic violence
as defined in KRS 403.720;
(g) The extent to which the child has been cared for, nurtured,
and supported by any de facto custodian;
(h) The intent of the parent or parents in placing the child with a de facto custodian;
and
(i) 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.
(3) The court shall not consider conduct of a proposed custodian that does not affect
his relationship to the child. If domestic violence and abuse is alleged, the court shall determine the extent to which the
domestic violence and abuse has affected the child and the child's relationship to both parents.
(4) 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.
(5) The
court may grant joint custody to the child's parents, or to the child's parents and a de facto custodian, if it is in the
best interest of the child.
(6) If the court grants custody to a de facto custodian, the de facto custodian shall have legal
custody under the laws of the Commonwealth.
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Kentucky divorce statutes §403.280
Temporary custody orders.
(1) A party to a custody proceeding may move for a temporary custody order. The motion must be supported by an affidavit
as provided in KRS 403.350. The court may award temporary custody under the standards of KRS 403.270 after a hearing, or,
if there is no objection, solely on the basis of the affidavits.
(2) If a proceeding for dissolution of marriage or legal
separation is dismissed, any temporary custody order is vacated unless a parent or the child's custodian
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moves that the proceeding continue as a custody proceeding and the
court finds, after a hearing, that the circumstances of the parents and the best interests of the child require that a custody
decree be issued.
(3) If a custody proceeding commenced in the absence of a petition
for dissolution of marriage or legal separation under KRS 403.822(1)(a) or (b) is dismissed, any temporary custody order
is vacated.
(4) If a court determines by clear and convincing evidence that a person is a de facto custodian, the court shall
join that person in the action, as a party needed for just adjudication under Rule 19 of the Kentucky Rules of Civil Procedure.
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Kentucky divorce statutes §403.320
Visitation of minor child.
(1) A parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds, after
a hearing, that visitation would endanger seriously the child's physical, mental, moral, or emotional health. Upon request
of either party, the court shall issue orders which are specific as to the frequency, timing, duration, conditions, and method
of scheduling visitation and which reflect the development age of the
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child.
(2) If domestic violence and abuse, as defined in KRS 403.720,
has been alleged, the court shall, after a hearing, determine the visitation arrangement,
if any, which would not endanger seriously the child's or the custodial parent's physical, mental, or emotional health.
(3)
The court may modify an order granting or denying visitation rights whenever modification would serve the best interests
of the child; but the court shall not restrict a parent's visitation rights unless it finds that the visitation would endanger
seriously the child's physical, mental, moral, or emotional health. |
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Kentucky divorce statutes §403.211
Action to establish or enforce child support- Allocation of child-care costs and health care expenses
(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 Act; 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) If private health care insurance 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
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income, the cost of health care insurance 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 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 for the dependent child, which shall include but
not be limited to private health care insurance coverage, payments of necessary health care deductibles or co payments;
2.
If appropriate, cash medical support. "Cash
medical support" means an amount to be paid toward the cost of health care insurance coverage that is provided by a
public entity, including the Kentucky Children's Health Insurance Program or the Kentucky Medicaid program, or another parent
or person with whom the child resides through employment or otherwise, 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 private health care insurance
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 private health care insurance 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 medical
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,
orthodontia, 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.
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The Kentucky divorce laws that
appear here may not include all provisions of Family Law. Some
editing has occurred. You should consult the code or a Kentucky divorce attorney.
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