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205.710 Definitions for KRS 205.712 to 205.800.
As used in KRS 205.712 to 205.800, unless the context clearly dictates otherwise:
(1) "Cabinet" shall mean the Cabinet for Health and Family Services;
(2) "Secretary" shall mean the secretary of the Cabinet for Health and Family Services;
(3) "Court order" shall mean any judgment, decree, or order of the courts of this state or
any other state. For the purposes of KRS 205.715 to 205.800, 403.215, 405.405 to
405.520, and 530.050, it shall also include an order of an authorized administrative
body;
(4) "Dependent child" or "needy dependent child" shall mean any person under the age
of eighteen (18), or under the age of nineteen (19) if in high school, who is not
otherwise emancipated, self-supporting, married, or a member of the Armed Forces
of the United States and is a recipient of or applicant for services under Part D of
Title IV of the Social Security Act;
(5) "Duty of support" shall mean any duty of support imposed or imposable by law or
by court order, decree, or judgment, whether interlocutory or final, and includes the
duty to pay spousal support that applies to spouses with a child even if child support
is not part of the order or when spousal support is assigned to the cabinet and
arrearages of support past due and unpaid in addition to medical support whenever
health-care coverage is available at a reasonable cost;
(6) "Recipient" shall mean a relative or payee within the meaning of the Social Security
Act and federal and state regulations who is receiving public assistance on behalf of
a needy dependent child;
(7) "Consumer reporting agency" means any person or organization which, for
monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole
or in part in the practice of assembling or evaluating consumer credit information or
other information on consumers for the purpose of furnishing consumer reports to
third parties, and which uses any means or facility of interstate commerce for the
purpose of preparing or furnishing consumer reports;
(8) "Obligor" means a parent who has an obligation to provide support;
(9) "Employer" means any individual, sole proprietorship, partnership, association, or
private or public corporation, the United States or any federal agency, this state or
any political subdivision of this state, any other state or a political subdivision of
another state, or any other legal entity which hires and pays an individual for his
services;
(10) "Income" means but is not limited to any of the following:
(a) Commissions, bonuses, workers' compensation awards attributable to lost
wages, retirement and pensions, interest and disability, earnings, salaries,
wages, and other income due or to be due in the future from a person's
employer and successor employers;
(b) Any payment due or to be due in the future from a profit-sharing plan, pension
plan, insurance contract, annuity, Social Security, proceeds derived from state
lottery winnings, unemployment compensation, supplemental unemployment
(11)
(12)
(13)
(14)
(15)
benefits, and workers' compensation; and
(c) Any amount of money which is due to the obligor under a support order as a
debt of any other individual, partnership, association, or private or public
corporation, the United States or any federal agency, this state or any political
subdivision of this state, any other state or a political subdivision of another
state, or any other legal entity which is indebted to the obligor;
"Earnings" means compensation paid or payable for personal services, whether
denominated as wages, salary, commission, bonus, or otherwise, and
notwithstanding any other provision of law exempting such payments from
garnishment, attachment, or other process to satisfy support obligations and
specifically includes periodic payments from pension and retirement programs and
insurance policies of any kind. Earnings shall include all gain derived from capital,
from labor, or both, including profit gained through sale or conversion of capital
assets and unemployment compensation benefits, or any other form of monetary
gain. The term "disposable earnings" means that part of earnings remaining after
deductions of any amounts required by law to be withheld;
"Enforce" means to employ any judicial or administrative remedy under KRS
405.405 to 405.420 and KRS 405.991(2) or under any other Kentucky law;
"Need" includes, but is not limited to, the necessary cost of food, clothing, shelter,
and medical care. The amount determined under the suggested minimum support
obligation scale shall be rebuttably presumed to correspond to the parent's ability to
pay and the need of the child. A parent shall be presumed to be unable to pay child
support from any income received from public assistance under Title IV-A of the
Social Security Act, or other continuing public assistance;
"Parent" means a biological or adoptive mother or father of a child born in wedlock
or a father of a child born out of wedlock if paternity has been established in a
judicial proceeding or in any manner consistent with the laws of this or any other
state, whose child is entitled to support, pursuant to court order, statute, or
administrative determination; and
"Real and personal property" includes all property of all kinds, including but not
limited to, all gain derived from capital, labor, or both; compensation paid or
payable for personal services, whether denominated as wages, salary, commission,
bonus, or otherwise; periodic payments from pension and retirement programs; and
unemployment compensation and insurance policies.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 265, effective June 20, 2005. -- Amended
1998 Ky. Acts ch. 100, sec. 6, effective July 15, 1998; ch. 255, sec. 4, effective July
15, 1998; and ch. 426, sec. 219, effective July 15, 1998. -- Amended 1996 Ky. Acts
ch. 365, sec. 1, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 330, sec. 1,
effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 411, sec. 1, effective July 15,
1988. -- Amended 1986 Ky. Acts ch. 487, sec. 1, effective July 15, 1986. -- Created
1974 Ky. Acts ch. 343, sec. 2.
Legislative Research Commission Note (7/15/98). This section was amended by 1998
Ky. Acts chs. 100, 255, and 426. Where these Acts are not in conflict, they have been
codified together. Where a conflict exists between ch. 100 and ch. 255, Acts ch. 255,
which was last enacted by the General Assembly, prevails under KRS 446.250.
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