Rule 705 Child custody, child support, parenting arrangements and maintenance
Baldwin's Kentucky Revised Statutes Annotated8th Judicial Circuit - Warren Family Court
KY RWFC Rule 705
Rule 705 Child custody, child support, parenting arrangements and maintenance
It shall be the responsibility of the moving party to draft, file and mail the appropriate Uniform Child Support Order form propounded by the AOC Form-152 for any child support order or modification.
Pursuant to KRS 403.215, any new or modified Order or decree which contains provisions for the support of a minor child or minor children shall provide for a wage assignment which shall begin immediately, except for good cause shown, and which shall be based upon the payment schedule of wages of the employer to whom the wage assignment is directed, and at a minimum, on a monthly basis.
2. A KRS 403.160(2)(b) motion to establish temporary child support shall be accompanied with the appropriate affidavit, and tendered Order. See Appendix A-12. Any motion to establish temporary child support shall state with specificity “good cause” and shall not require a hearing, the adverse party may file a motion for a hearing pursuant to KRS 403.160(2)(b).
3. Subject to FCRPP 9, at any hearing at which child support is at issue, counsel for each party, shall, without formal request and as soon as practical, exchange all relevant and necessary information and documentation pertaining to his/her client's income, any health insurance expenses covering only the children, any maintenance payments, any prior born child support payments, and any work-related child care expenses. Appropriate income information shall include but not necessarily be limited to: (1) copies of individual and business, state and federal income tax returns with all schedules and attachments for the three previous calendar years; (2) copies of their four most recent pay statements showing cumulative yearly income or, if self-employed, proof of year-to-date income and expenses; (3) documents pertaining to income from sources other than earnings, including cash sums from any source, e.g. workers' compensation, inheritance, disability, unemployment benefits, dividends, settlements, trusts, interest, gifts, retirement, severance pay, capital gains, maintenance, SSI etc.; (4) written documentation of the cost of medical insurance for the children only; (5) written documentation of the cost of work-related childcare; (6) proof of court ordered child support payments to prior born children (children not of this case); (7) copies of all bills/receipts and canceled checks evidencing payments made for uninsured medical expenses, if at issue; (8) proof of any maintenance payments paid by either party; and (9) any other documents the parties would expect to introduce at a hearing regarding these issues. In the event that this information is not forthcoming from a party and a subpoena is issued for compliance, then additional attorney's fees and court costs may be borne by the non-cooperating party, upon appropriate motion of the compliant party.
4. Each party shall furnish to the Family Court immediately prior to any child support hearing a completed worksheet for Monthly Child Support Obligations conforming to the proof the party intends to introduce. Counsel shall stipulate as much income information as possible. Counsel is encouraged to provide a joint worksheet if possible. Nothing herein shall preclude any party from presenting evidence as to the existence of an exception to the utilization of the statutory Guidelines.
Unless the Court otherwise orders, or the parties otherwise agree with the approval of the Court, the Guidelines for Co-parenting Time-sharing/Visitation propounded by the Court should be used as the base guideline for Co-parenting Time-sharing/Visitation. These guidelines shall not be used as a default schedule but may be used as the basis for establishing a schedule that is in the best interest of the children and family by the parties and the Court. A copy of the Guidelines for Co-parenting Time-sharing/Visitation is included in the Appendix A-13.
A motion for temporary maintenance shall comply with the requirements of FCRPP 5(1) and 5(2). Any motion for temporary maintenance, or when permanent maintenance is an issue, shall be in strict compliance with KRS 403.160, or KRS 403.150(2)(e) & (f), including the appropriate, affidavit or verified petition setting forth the amount requested.
1. At any hearing at which maintenance is at issue, counsel for each party shall without formal request and as soon as practical, exchange all relevant and necessary information and documentation pertaining to his or her client's income and living expenses. Appropriate income information shall include, but not necessarily be limited to: (1) copies of their individual and business, state and federal income tax returns with all schedules and attachments for the three previous calendar years; (2) copies of their four most recent pay statements showing cumulative yearly income or, if self-employed, proof of year-to-date income and expenses; and (3) documents pertaining to gross income from sources other than earnings, including case sums from any source, e.g. workers compensation, inheritance, disability, unemployment benefits, dividends, settlements, trusts, interest, gifts, retirement, severance pay, capital gains, maintenance, SSI etc.; (4) documentation evidencing net income from sources other than earnings including cash sums from any source, e.g. workers compensation, inheritance, disability, unemployment benefits, dividends, settlements, trusts, interest, gifts, retirement, severance pay, capital gains, maintenance, SSI etc.; (5) a list of monthly living expenses; (6) Verified Disclosure Statement, if not already filed with the Court; and (7) any other documents the parties would expect to introduce at a hearing regarding these issues.
2. It is the Court's position that a hearing is not the place for discovery. Therefore, in the event that this information is not forthcoming from a party and a subpoena is issued for compliance, then additional attorney's fees and Court costs may be borne by the non-cooperating party, upon appropriate motion of the compliant party.
Credits
HISTORY: Adopted effective April 4, 2012.
Warren Family Court Rule 705, KY R WARREN FAM CT Rule 705
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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