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Rule 5 Paternity

Baldwin's Kentucky Revised Statutes Annotated39th Judicial Circuit - Breathitt, Powell and Wolfe Family Courts

Baldwin's Kentucky Revised Statutes Annotated
39th Judicial Circuit - Breathitt, Powell and Wolfe Family Courts
KY BPWF Rule 5
Rule 5 Paternity
Currentness
501 MOTION PRACTICE
A. Motions for wage assignments pursuant to KRS 403.215 and KRS 405.465, appointment of Guardian Ad Litem, for Guardian Ad Litem fees, appointment of Warning Order Attorney, for Warning Order Attorney fees, for show cause/contempt and to compel discovery shall be placed on the regular Paternity/Child Support Docket, with notice served on all parties/counsel.
B. Motions for default judgments for failure to plead or otherwise defend, as provided by the Rules of Civil Procedure, and motions for summary judgments shall be scheduled for hearing on the regular paternity/child support docket, with notice served on all parties/counsel.
C. Motions to modify, suspend, or terminate child support and to determine arrearages accrued on child support orders shall be scheduled for hearing on the regular paternity/child support docket, with notice served on all parties/counsel.
D. All matters relating to UIFSA Registration for Enforcement only of a foreign support order, including, but not limited to, contempt proceedings in such actions, shall be filed in and heard on the Family Court paternity/child support docket in the respective county, with notice served on all parties/counsel.
502 PRETRIAL PROCEDURES
Nothing in this Rule shall prohibit the parties from entering into an Agreed Judgment of Paternity and Order of Support and filing same for approval by the Court off docket, unless the Commonwealth of Kentucky, Cabinet for Health and Family Services (CHFS) is a party and/or providing benefits, in which case the Cabinet shall be notified prior to submitting the Order to the Court.
503 GUARDIAN AD LITEM APPOINTED FOR ACTIONS FILED PURSUANT TO KRS 406
A. Any licensed attorney in good standing with the Kentucky Bar Association may be appointed as a Guardian ad Litem. The attorney should have completed AOC approved guardian ad Litem training. The appointment is to be made and compensation paid according to the Statute, Case Law or Civil Rule authorizing the appointment.
B. Motions for compensation shall be accompanied by an affidavit indicating:
a. The statutory basis for appointment;
b. The hours of service rendered with a brief description of the services rendered and reasonableness of the fee requested; and
c. That the action or proceedings have been concluded and date of disposition.
C. Guardians ad Litem appointed to represent unmarried infants, persons of unsound mind, or adult prisoners shall notify the respondent of his/her appointment as a Guardian ad Litem, and inform the respondent of the nature of the proceeding and of the respondent's right to have genetic testing conducted.
D. Within sixty (60) days of the appointment, the Guardian ad Litem shall file an answer on behalf of the respondent or a report stating that, after careful examination of the case, he/she is unable to present a defense.
E. The failure of the Guardian ad Litem to file an answer or report within sixty (60) days of notification of appointment may result in sanctions being imposed against the attorney and removal from the Family Court Guardian Ad Litem appointment list.
504 REOPENING FEE
Pursuant to FCRPP 14(1), a $50.00 reopening fee shall not be paid for motions in cases brought pursuant to Title IV-D of the Social Security Act for child support modification or enforcement. However, where an action is initiated pursuant to Title IV-D but subsequent motions regarding child support, custody or visitation are brought by a private attorney or are filed by a party pro se, rather than by Title IV-D counsel, the fee shall be charged unless the motion is brought in forma pauperis.
505 PERMISSION TO REVIEW AND COPY PATERNITY CASE FILES
Upon receipt by the respective 39th Circuit Court Clerk's Office of an attorney's statement seeking permission to review and copy a paternity case file, OR upon the receipt by the Circuit Court Clerk's Office of a party's signed and notarized release authorizing an attorney to inspect the party's paternity case file, for reasons relating to representation in that action of a party thereto, the Clerk's office shall grant the attorney access to such a file.
Pursuant to KRS 406.035, the attorney seeking permission to review and/or copy the paternity file shall sign a statement that the order of judgment is the only information which may be shared with the client and that all other information in the case cannot be disclosed to the client, including information relating to domestic violence or child abuse as well as the addresses of the parties. Regardless of the subsequent representation or non-representation of the party, any information contained in such file is confidential and subject to the attorney-client privilege.
506 ACCESS TO PATERNITY CASES FOR ATTORNEYS AND GUARDIANS AD LITEM REPRESENTING INCARCERATED PARENTS
The Offices of the Circuit Court Clerks in the 39th Judicial Circuit shall allow attorneys and Guardians ad Litem who are representing incarcerated parents in paternity cases to have access to the records of those actions.

Credits

HISTORY: Adopted effective May 5, 2012.
Breathitt, Powell and Wolfe Family Court Rule 5, KY R BREATHITT FAM CT Rule 5
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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