2012 Kentucky Revised Statutes CHAPTER 406 UNIFORM ACT ON PATERNITY 406.025 Rebuttable presumption of voluntary acknowledgment-of-paternity affidavit -- Temporary support order if paternity is indicated -- Continuation of child support until final determination of paternity.
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406.025 Rebuttable presumption of voluntary acknowledgment-of-paternity
affidavit -- Temporary support order if paternity is indicated -- Continuation
of child support until final determination of paternity.
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Upon completion of a signed, notarized, voluntary acknowledgment-of-paternity
affidavit by the mother and alleged father, obtained through the hospital-based
paternity program, and submitted to the state registrar of vital statistics, paternity
shall be rebuttably presumed for the earlier of sixty (60) days or the date of an
administrative or judicial proceeding relating to the child, including a proceeding to
establish a child support order.
Upon completion of a signed, notarized, voluntary acknowledgment-of-paternity
affidavit by the mother and alleged father obtained outside of the hospital and
submitted to the state registrar of vital statistics, paternity shall be rebuttably
presumed for the earlier of sixty (60) days or the date of an administrative or
judicial proceeding relating to the child, including a proceeding to establish a child
support order following the date of signatures on the notarized affidavit.
Pending an administrative or judicial determination of parentage, or upon a signed,
notarized, voluntary acknowledgment-of-paternity form having been transmitted by
the local registrar and received by the Vital Statistics Branch, a temporary support
order shall be issued upon motion of any party if paternity is indicated by genetic
testing or other clear and convincing evidence.
The motion shall be accompanied by an affidavit setting forth the factual basis for
the motion and the amounts requested.
The court shall, within fourteen (14) days from the filing of the motion, order an
amount of temporary child support based upon the child support guidelines as
provided by KRS 403.212. The ordered child support shall be retroactive to the date
of the filing of the motion to move the court to enter an order for temporary child
support without written or oral notice to the adverse party. 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 KRS 403.160(2)(a). 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.
Unless good cause is shown, court or administratively ordered child support shall
continue until final judicial or administrative determination of paternity.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 637, effective June 20, 2005. -- Amended
1998 Ky. Acts ch. 255, sec. 27, effective July 15, 1998. -- Created 1996 Ky. Acts
ch. 365, sec. 12, effective July 15, 1996.
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