2013 Kentucky Revised Statutes CHAPTER 403 - DISSOLUTION OF MARRIAGE -- CHILD CUSTODY 403.213 Criteria for modification of orders for child support and for health care -- Effects of emancipation and death of obligated parent -- Commission to review guidelines.
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403.213 Criteria for modification of orders for child support and for health
care -- Effects of emancipation and death of obligated parent -Commission to review guidelines.
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The Kentucky child support guidelines may be used by the parent, custodian,
or agency substantially contributing to the support of the child as the basis for
periodic updates of child support obligations and for modification of child
support orders for health care. The provisions of any decree respecting child
support may be modified only as to installments accruing subsequent to the
filing of the motion for modification and only upon a showing of a material
change in circumstances that is substantial and continuing.
Application of the Kentucky child support guidelines to the circumstances of the
parties at the time of the filing of a motion or petition for modification of the
child support order which results in equal to or greater than a fifteen percent
(15%) change in the amount of support due per month shall be rebuttably
presumed to be a material change in circumstances. Application which results
in less than a fifteen percent (15%) change in the amount of support due per
month shall be rebuttably presumed not to be a material change in
circumstances. For the one (1) year period immediately following enactment of
this statute, the presumption of material change shall be a twenty-five percent
(25%) change in the amount of child support due rather than the fifteen percent
(15%) stated above.
Unless otherwise agreed in writing or expressly provided in the decree,
provisions for the support of a child shall be terminated by emancipation of the
child unless the child is a high school student when he reaches the age of
eighteen (18). In cases where the child becomes emancipated because of age,
but not due to marriage, while still a high school student, the court-ordered
support shall continue while the child is a high school student, but not beyond
completion of the school year during which the child reaches the age of
nineteen (19) years. Provisions for the support of the child shall not be
terminated by the death of a parent obligated to support the child. If a parent
obligated to pay support dies, the amount of support may be modified, revoked,
or commuted to a lump-sum payment, to the extent just and appropriate in the
circumstances. Emancipation of the child shall not terminate the obligation of
child support arrearages that accrued while the child was an unemancipated
minor.
The child support guidelines table shall be reviewed at least once every four
(4) years by a commission consisting of the following persons:
(a) The secretary of the Cabinet for Health and Family Services or a
supervisory staff person designated by him;
(b) Two (2) members of the Kentucky Bar Association who have at least six
(6) consecutive years' experience and are presently practicing domestic
relations cases, one (1) member from a metropolitan or large urban area
and one (1) member from a less populated area;
(c) Two (2) Circuit Judges appointed by the Chief Justice of the Kentucky
Supreme Court, one (1) from a metropolitan or large urban area, and one
(1) from a less populated area;
(d) One (1) District Judge appointed by the Chief Justice of the Kentucky
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Supreme Court;
(e) Two (2) county attorneys appointed by the president of the County
Attorneys Association, one (1) from a metropolitan or large urban area
and one (1) from a less populated area;
(f) The Attorney General or his designee, who shall be an attorney from his
office;
(g) One (1) person who is a custodial parent;
(h) One (1) person who is a noncustodial parent;
(i) One (1) person who is a parent with split custody; and
(j) One (1) child advocate.
The members designated in paragraphs (g) to (j) of this subsection shall be
appointed by the Governor from a list of three (3) names for each category
submitted by the Cabinet for Health and Family Services. If the status of one
(1) of these members changes, the member shall be replaced through
appointment by the Governor from a list of three (3) names submitted by the
cabinet.
The commission shall make a recommendation to the Kentucky General
Assembly to ensure that the child support guidelines table results in a
determination of appropriate child support amounts.
Effective:June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 625, effective June 20, 2005. -Amended 2001 Ky. Acts ch. 161, sec. 1, effective March 21, 2001. -- Amended
2000 Ky. Acts ch. 430, sec. 10, effective July 14, 2000. -- Amended 1998 Ky.
Acts ch. 426, sec. 580, effective July 15, 1998. -- Amended 1994 Ky. Acts
ch. 330, sec. 12, effective July 15, 1994. Amended 1992 Ky. Acts ch. 434,
sec. 3, effective July 14, 1992. -- Created 1990 Ky. Acts ch. 418, sec. 4,
effective July 13, 1990.
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