Home Table of Contents

FCRPP 9 Child support

Baldwin's Kentucky Revised Statutes AnnotatedFamily Court Rules of Procedure and Practice

Baldwin's Kentucky Revised Statutes Annotated
Family Court Rules of Procedure and Practice
III. Custody, Parenting Time, and Support
Kentucky Family Rules of Practice and Procedure FCRPP 9
FCRPP 9 Child support
(1) Once support has been set by the court, it shall continue in full force and effect unless modified by the court, or ended by operation of law.
(2) An order directing the payment of support shall be entered utilizing the AOC-152 (Uniform Child Support Order and/or Wage/Income Withholding Order), which is the form prescribed by the Administrative Office of the Courts pursuant to KRS 205.713 and KRS 205.802. This form shall be located on the Court of Justice website and shall include the following:
(a) The amount and frequency of the support payments;
(b) That the payment shall be paid
(i) By wage/income withholding, to begin immediately; or,
(ii) If wage/income withholding is not ordered to begin immediately for good cause shown, as ordered by the court and as directed in KRS 403.215; or,
(iii) According to a written agreement reached between both parties which provides for an alternative arrangement to wage/income withholding.
(c) In non-IV-D cases the federal Income Withholding for Support (IWO) form OMB 0970-0154, and in IV-D cases the state CS-89, shall be utilized to notify the employer/income withholder of any wage/income withholding ordered by the court.
(d) The party responsible for medical and other ordered expenses of the child(ren); and,
(e) The social security numbers of the parties and child(ren), CR 7.03 notwithstanding.
(3) Notice of any wage/income withholding shall be served upon the employer and the employee as follows:
(a) In non-IV-D cases, the OMB 0970-0154 shall be accompanied by the underlying AOC-152.
(b) In IV-D cases, the CS-89 shall be utilized.
(4) Motions to Establish or Modify Child Support
(a) A motion to establish or modify child support shall be accompanied by the following:
(i) A completed child support guidelines worksheet with movant's portion completed.
(ii) Copies of the movant's last three pay stubs or, if movant is self-employed, proof of the movant's current income.
(iii) The most recently filed federal and state income tax returns.
(iv) Verification of the cost of health insurance for the child(ren) only.
(v) A notice of hearing with the motion's hearing date or notice that the court will set the hearing, and 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 shall file the following information with the court and serve the movant at least 24 hours prior to the hearing:
(i) A completed child support worksheet.
(ii) Copies of the respondent's last three pay stubs or, if self-employed, proof of current income.
(iii) The most recently filed federal and state income tax returns.
(iv) Verification of the cost of health insurance for the child(ren) only.
(c) In addition, in cases that are Title IV-D cases, counsel shall certify, prior to the hearing being held, that reasonable efforts were made to resolve all the issues in dispute.

Credits

HISTORY: Adopted by Order 2020-1, eff. 2-1-20
KY Family Court Rules FCRPP 9, KY ST FAM CT FCRPP 9
Current with amendments received through May 1, 2020.
End of Document© 2020 Thomson Reuters. No claim to original U.S. Government Works.