Download as PDF
403.160 Temporary orders -- Maintenance, child support, injunction -- Disclosure
of information on domestic violence or child abuse.
(1)
(2)
(3)
(4)
(5)
In a proceeding for dissolution of marriage or for legal separation, or in a
proceeding for disposition of property or for maintenance or support following
dissolution of the marriage by a court which lacked personal jurisdiction over the
absent spouse, either party may move for temporary maintenance. The motion shall
be accompanied by an affidavit setting forth the factual basis for the motion and the
amounts requested.
(a) In a proceeding for dissolution of marriage, legal separation, or child support,
either party, with notice to the opposing party, may move for temporary child
support. The motion shall be accompanied by an affidavit setting forth the
number of children of the marriage and the information required to calculate
the combined adjusted parental gross income set forth in KRS 403.212(2)(g),
and the Social Security numbers, provided in accordance with KRS 403.135,
of all parties subject to the motion. The court shall, within fourteen (14) days
from the filing of said motion, order an amount of temporary child support
based upon the child support guidelines as provided by law, and the ordered
child support shall be retroactive to the date of the filing of the motion unless
otherwise ordered by the court.
(b) Upon a showing of good cause, either party may move the court to enter an
order for temporary child support without written or oral notice to the adverse
party. After reviewing the affidavit required by paragraph (a) of this
subsection, the court may issue a temporary child support order based upon
the child support guidelines. The order shall provide that the order becomes
effective seven (7) days following service of the order and movant's affidavit
upon the adverse party unless the adverse party, within the seven (7) day
period, files a motion for a hearing before the court. The motion for hearing
shall be accompanied by the affidavit required by paragraph (a) of this
subsection. Pending the hearing, the adverse party shall pay child support in
an amount based upon the guidelines and the adverse party's affidavit. The
child support order entered following the hearing shall be retroactive to the
date of the filing of the motion for temporary support unless otherwise ordered
by the court.
As part of a motion for temporary maintenance or support or by independent motion
accompanied by affidavit, either party may request the court to issue a temporary
injunction or restraining order pursuant to the Rules of Civil Procedure.
If the court or agent of the court is made aware that there is reasonable evidence of
domestic violence or child abuse, the court shall determine whether disclosure to
any other person of the information could be harmful to the parent or child, and if
the court determines that disclosure to any person could be harmful, the court and
its agents shall not make the disclosure.
On the basis of the showing made and in conformity with KRS 403.200, the court
may issue a temporary injunction or restraining order and an order for temporary
maintenance in amounts and on terms just and proper in the circumstances.
(6)
A temporary order or temporary injunction:
(a) Does not prejudice the rights of the parties or the child which are to be
adjudicated at subsequent hearings in the proceeding;
(b) May be revoked or modified before final decree on a showing of the facts
necessary to revocation or modification under the circumstances; and
(c) Terminates when the final decree is entered or when the petition for
dissolution or legal separation is voluntarily dismissed.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 126, sec. 3, effective July 12, 2006. -- Amended
2000 Ky. Acts ch. 430, sec. 15, effective July 14, 2000. -- Amended 1998 Ky. Acts
ch. 255, sec. 18, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 365, sec. 5,
effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 330, sec. 9, effective July 15,
1994. -- Amended 1990 Ky. Acts ch. 418, sec. 7, effective July 13, 1990. -- Created
1972 Ky. Acts ch. 182, sec. 6.
Legislative Research Commission Note (7/14/2000). Although House Committee
Amendment 1 (adopted by the House of Representatives and concurred in by the
Senate) to the General Assembly version of Senate Bill 218 eliminated a new
paragraph (c) in KRS 403.212(2) that had required a conforming amendment to this
statute to change a cross-reference from "KRS 403.212(2)(g)" to "KRS
403.212(2)(h)" in subsection (2)(a) of this statute, the conforming amendment was
not corrected in the floor amendment. Because of this omission and because of the
context of the cross-reference, the change in subsection (2)(a) of this statute
constitutes a manifest clerical or typographical error and has not been included in
codification. See KRS 7.136(1)(h).
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.