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403.090 Friend of the court -- Appointment -- Tenure -- Duties -- Wage
withholding collections -- Compensation.
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The fiscal court of any county may, by resolution, authorize the appointment of
a "friend of the court." If the Circuit Court of the county has but one (1) judge,
the appointment shall be made by the judge. If the court has two (2) or more
judges, the appointment shall be made by joint action of the judges, at the
general term. The person appointed to the office of friend of the court shall
serve at the pleasure of, and subject to removal by, the appointing authority.
The person appointed shall be a licensed practicing attorney. The appointed
person shall take the constitutional oath of office and shall give bond in such
sum as may be fixed by the appointing judge or judges.
Except for those cases administered pursuant to 42 U.S.C. secs. 651 et seq., it
shall be the duty of the friend of the court to supervise and enforce the
payment of sums ordered or adjudged by the Circuit Court in divorce actions to
be paid for the care and maintenance of minor children. All persons who have
been ordered or adjudged by the court, in connection with divorce actions, to
make payments for the care and maintenance of children, shall, if so ordered
by the court, make such payments to the friend of the court. The friend of the
court shall see that the payments, except for those cases administered
pursuant to 42 U.S.C. secs. 651 et seq., are properly applied in accordance
with the order or judgment. However, if the court so directs, the payments may
be made through the juvenile session of District Court of the county; in such
case the friend of the court shall render such assistance as may be required in
keeping records concerning such payments and in the enforcement of
delinquent payments, and the Circuit Court may direct that a designated
amount or portion of the funds appropriated by the fiscal court for expenses of
the friend of the court be paid to the juvenile session of District Court as
reimbursement for the expenses incurred by the juvenile session of District
Court in connection with the handling of such payments. The friend of the court
shall promptly investigate all cases where payments have become delinquent,
and when necessary shall cause the delinquent person to be brought before
the court for the purpose of compelling payment. The friend of the court shall
ascertain the facts concerning the care, custody, and maintenance of children
for whom payments are being made, and shall report to the court all cases in
which the children are not receiving proper care or maintenance, or in which
the person having custody is failing to furnish proper custody. He shall make
such other reports to the court as the court may require.
In the event that a waiver is granted under 42 U.S.C. secs. 651 et seq.,
allowing payment of wage withholding collections to be directed to the friend of
the court, an obligor shall be given the option of payment either to the friend of
the court or the centralized collection agency.
In any action for divorce where the parties have minor children, the friend of
the court, if requested by the trial judge, shall make such investigation as will
enable the friend of the court to ascertain all facts and circumstances that will
affect the rights and interests of the children and will enable the court to enter
just and proper orders and judgment concerning the care, custody, and
maintenance of the children. The friend of the court shall make a report to the
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trial judge, at a time fixed by the judge, setting forth recommendations as to the
care, custody, and maintenance of the children. The friend of the court may
request the court to postpone the final submission of any case to give the
friend of the court a reasonable time in which to complete the investigation.
The friend of the court shall have authority to secure the issuance by the court
of any order, rule, or citation necessary for the proper enforcement of orders
and judgments in divorce actions concerning the custody, care, and
maintenance of children. In performing duties under subsection (4) of this
section the friend of the court shall attend the taking of depositions within the
county, and shall have authority to cross-examine the witnesses. In the case of
depositions taken on interrogatories, the friend of the court may file
cross-interrogatories. The friend of the court shall be duly notified of the time
and place of the taking of depositions in all divorce actions where the parties
have minor children, and shall attend the taking of all such depositions when
the friend of the court deems it necessary for the protection of the minor
children, or when the friend of the court may be directed by the court to attend.
The friend of the court shall not directly or indirectly represent any party to a
divorce action except as herein authorized to represent the minor children of
parties to a divorce action, but if an allowance is made for the support of a
spouse and an infant child or children, may proceed to enforce the payment of
the allowance made to the spouse also.
Where a friend of the court is acting as a designee of the cabinet pursuant to
KRS 205.712 and an applicant for Title IV-D services pursuant to KRS 205.721
has requested a modification of an existing child support order pursuant to a
divorce or other judicial order, the friend of the court shall seek the
modification, providing all jurisdictional requirements are met. The friend of the
court's representation shall extend only for the limited purpose of seeking a
modification of an existing child support order consistent with the provisions of
KRS 403.212.
The fiscal court of any county which has authorized the appointment of a friend
of the court under this section shall, by resolution, fix a reasonable
compensation for the friend of the court and make a reasonable allowance for
necessary expenses, equipment, and supplies, payable out of the general fund
of the county, upon approval of the appointing judge or judges.
Effective:July 15, 1998
History: Amended 1998 Ky. Acts ch. 255, sec. 16, effective July 15, 1998. -Amended 1994 Ky. Acts ch. 330, sec. 7, effective July 15, 1994. -- Amended
1980 Ky. Acts ch. 188, sec. 180, effective July 15, 1980. -- Amended 1974 Ky.
Acts ch. 386, sec. 95. -- Amended 1968 Ky. Acts ch. 150, sec. 1. -- Amended
1966 Ky. Acts ch. 161, sec. 1. -- Amended 1964 Ky. Acts ch. 169, sec. 1. -Amended 1956 Ky. Acts ch. 214, sec. 1. -- Amended 1948 Ky. Acts ch. 168,
sec. 1. -- Created 1946 Ky. Acts ch. 166. sec. 1.
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