PARENT AND CHILD

KRS tit. XXXV, ch. 405

in effect

KRS 405.010 Parents entitled to services and earnings of child -- Suit for loss of

405.010. Parents entitled to services and earnings of child -- Suit for loss of The father and mother of a child under the age of eighteen are equally entitled to its services and earnings. If one of the parents is dead, or has abandoned the child, or been deprived of its custody by court decree, the other is entitled to its services and earnings. The parents jointly may maintain an action for loss of the services or earnings of their child under the age of eighteen when the loss is occasioned by an injury wrongfully or negligently inflicted upon the child. But if either the father or mother is dead, or has abandoned the child, or has been deprived of its custody by court decree, or refuses to sue, the other may sue alone. This section shall not affect the existing law relating to workers' compensation and industrial accidents. History: Amended 1968 Ky. Acts ch. 100, sec. 18. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 326a-1.

KRS 405.020 Custody, nurture, and education of minor child -- Physically and mentally disabled children -- De facto custodian

405.020. Custody, nurture, and education of minor child -- Physically and mentally disabled children -- De facto custodian (1) The father and mother shall have the joint custody, nurture, and education of their children who are under the age of eighteen (18). If either of the parents dies, the survivor, if suited to the trust, shall have the custody, nurture, and education of the children who are under the age of eighteen (18). The father shall be primarily liable for the nurture and education of his children who are under the age of eighteen (18) and for any unmarried child over the age of eighteen (18) when the child is a full- time high school student, but not beyond completion of the school year during which the child reaches the age of nineteen (19) years. (2) The father and mother shall have the joint custody, care, and support of their children who have reached the age of eighteen (18) and who are wholly dependent because of permanent physical or mental disability. If either of the parents dies, the survivor, if suited to the trust, shall have the custody, care, and support of such children. (3) Notwithstanding the provisions of subsections (1) and (2) of this section, a person claiming to be a de facto custodian, as defined in KRS 403.270, may petition a court for legal custody of a child. The court shall grant legal custody to the person if the court determines that the person meets the definition of de facto custodian and that the best interests of the child will be served by awarding custody to the de facto custodian. (4) Notwithstanding the provisions of subsections (1) and (2) of this section, if either parent dies and at the time of death a child is in the custody of a de facto custodian, as defined in KRS 403.270, the court shall award custody to the de facto custodian if the court determines that the best interests of the child will be served by that award of custody. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 250, sec. 6, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 434, sec. 4, effective July 14, 1992. -- Amended 1986 Ky. Acts ch. 360, sec. 1, effective July 15, 1986. -- Amended 1968 Ky. Acts ch. 100, sec. 19. -- Amended 1952 Ky. Acts ch. 138, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2016.

KRS 405.021 Reasonable visitation rights to grandparents

405.021. Reasonable visitation rights to grandparents (1) (a) The Circuit Court may grant reasonable visitation rights to either the paternal or maternal grandparents of a child and issue any necessary orders to enforce the decree if it determines that it is in the best interest of the child to do so. Once a grandparent has been granted visitation rights under this subsection, those rights shall not be adversely affected by the termination of parental rights belonging to the grandparent's son or daughter, who is the father or mother of the child visited by the grandparent, unless the Circuit Court determines that it is in the best interest of the child to do so. (b) If the parent of the child who is the son or daughter of the grandparent is deceased, there shall be a rebuttable presumption that visitation with the grandparent is in the best interest of the child if the grandparent can prove a pre-existing significant and viable relationship with the child. (c) In order to prove a significant and viable relationship under paragraph (b) of this subsection, the grandparent shall prove by a preponderance of the evidence that: 1. The child resided with the grandparent for at least six (6) consecutive months with or without the current custodian present; 2. The grandparent was the caregiver of the child on a regular basis for at least six (6) consecutive months; 3. The grandparent had frequent or regular contact with the child for at least twelve (12) consecutive months; or 4. There exist any other facts that establish that the loss of the relationship between the grandparent and the child is likely to harm the child. (2) The action shall be brought in Circuit Court in the county in which the child resides. (3) The Circuit Court may grant noncustodial parental visitation rights to the grandparent of a child if the parent of the child who is the son or daughter of the grandparent is deceased and the grandparent has assumed the financial obligation of child support owed by the deceased parent, unless the court determines that the visitation is not in the best interest of the child. If visitation is not granted, the grandparent shall not be responsible for child support. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 197, sec. 1, effective July 14, 2018. -- Amended 1996 Ky. Acts ch. 302, sec. 1, effective July 15, 1996; and ch. 314, sec. 2, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 493, sec. 1, effective July 15, 1994. -- Amended 1984 Ky. Acts ch. 136, sec. 1, effective July 13, 1984. -- Created 1976 Ky. Acts ch. 277, sec. 1.

KRS 405.023 Centralized statewide information and referral program for grandparents and other caregivers caring for minors who are not their biological children

405.023. Centralized statewide information and referral program for grandparents and other caregivers caring for minors who are not their biological children (1) The Cabinet for Health and Family Services shall create a centralized statewide service program that provides information and referrals through a statewide toll-free telephone number to grandparents and other caregivers who are caring for minors who are not their biological children. (2) The program shall provide information on a wide variety of services, including but not limited to: (a) Kentucky Transitional Assistance Program; (b) Health care and services, including the Kentucky Children's Health Insurance Program; (c) Educational services; (d) Child care; (e) Child support; (f) Support groups; (g) Housing assistance; (h) Legal services; and (i) Respite care for low-income kinship or fictive kin caregivers. As used in this paragraph, "fictive kin" has the same meaning as in KRS 600.020. (3) The cabinet may coordinate this program with the KyCARES Program. (4) This program shall be known as the KinCare Support Program. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 73, sec. 2, effective June 27, 2019. -- Amended 2014 Ky. Acts ch. 69, sec. 1, effective July 15, 2014. -- Created 2006 Ky. Acts ch. 198, sec. 1, effective July 12, 2006.

KRS 405.024 Adult caregiver with whom minor resides may, by affidavit, establish authority to make health care treatment and school-related decisions for minor -- Conditions -- Authority may be revoked or superseded -- Obligations and liability of health care provider -- Penalty

405.024. Adult caregiver with whom minor resides may, by affidavit, establish authority to make health care treatment and school-related decisions for minor -- Conditions -- Authority may be revoked or superseded -- Obligations and liability of health care provider -- Penalty (1) As used in this section: (a) "Cabinet" means the Cabinet for Health and Family Services; (b) "Caregiver" means an adult person with whom a minor resides, including a grandparent, stepgrandparent, stepparent, aunt, uncle, or any other adult relative of the minor; (c) "De facto custodian" has the same meaning as defined in KRS 403.270; (d) "Department" means the Department of Education; (e) "Health care provider" means any licensed medical, surgical, dental, psychological, or osteopathic practitioner; nurse practitioner; occupational, physical, or speech therapist; hospital; public or private health clinic; or their agents or employees; and (f) "Health care treatment": 1. Means any necessary medical and dental examination, diagnostic procedure, and treatment, including but not limited to hospitalization, developmental screening, mental health screening and treatment, preventive care, immunizations recommended by the federal Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices, well-child care, blood testing, and occupational, physical, and speech and language therapies; and 2. Does not mean any procedure to terminate a pregnancy, pregnancy determination testing, HIV or AIDS testing, controlled substance testing, or any other testing for which a separate court order or informed consent is required under other applicable law. (2) The caregiver shall create an affidavit establishing the caregiver's ability to authorize health care treatment for a minor and to make school-related decisions for a minor. The affidavit shall include but not be limited to the following information: (a) The name and address of the caregiver; (b) The caregiver's relationship to the minor to whom the affidavit applies; (c) A statement that the caregiver is over the age of eighteen (18); (d) The name and date of birth of the minor to whom the affidavit applies; (e) A statement that the minor resides in the caregiver's home; (f) A statement that the caregiver shall be allowed to authorize the provision of health care treatment to the minor, or to withhold such authorization; (g) A statement that the caregiver shall be the person responsible for enrolling the minor in school and acting as the minor's legal contact with the school for the purposes of making decisions on enrollment, attendance, extracurricular activities, discipline, and all other school-related activities; (h) A statement identifying the minor's parents, de facto custodian, guardian, or legal custodian and describing the caregiver's relationship to the parents, de facto custodian, guardian, or legal custodian; (i) A statement that no other party has legal standing in custody issues for the minor other than those parties identified in paragraph (h) of this subsection; (j) The dated signatures of the minor's parents, de facto custodian, guardian, or legal custodian indicating their approval of the caregiver's ability to authorize the provision of health care treatment to the minor and to make school-related decisions for the minor. If a parent or parents, de facto custodian, guardian, or legal custodian are unavailable to sign the affidavit, the affidavit shall include a statement describing the circumstances of their unavailability and a statement of the caregiver's reasonable efforts to locate them; (k) The dated signature of the caregiver; (l) A statement that acknowledges that a person making false statements in the affidavit shall be subject to criminal penalties; (m) A statement that acknowledges that execution of the affidavit does not confer upon the caregiver the status of a de facto custodian, guardian, or legal custodian of the minor; and (n) A statement that acknowledges the requirement for the caregiver to notify any health care provider or school to which the affidavit was presented if the minor ceases to reside with the caregiver or the affidavit is revoked by the minor's parent or parents, de facto custodian, guardian, legal custodian, or caregiver. (3) The health care authorization portion of the affidavit described in subsection (2) of this section shall be valid for one (1) year and may be renewed annually thereafter unless it is revoked by the minor's parent or parents, de facto custodian, guardian, legal custodian, or caregiver, or if the minor no longer resides with the caregiver. Execution or revocation of the health care authorization portion of the affidavit shall not operate as a complete execution or revocation of the entire affidavit. (4) The education authorization portion of the affidavit described in subsection (2) of this section shall be valid for one (1) year and may be renewed annually thereafter unless it is revoked by the minor's parent or parents, de facto custodian, guardian, legal custodian, or caregiver, or if the minor no longer resides with the caregiver. Execution or revocation of the education authorization portion of the affidavit shall not operate as a complete execution or revocation of the entire affidavit. (5) A caregiver may authorize the provision of health care treatment or may refuse the provision of health care treatment to a minor residing with the caregiver if the caregiver presents to a health care provider a duly executed affidavit as described in subsection (2) of this section. (6) The decision of a caregiver to authorize or refuse health care treatment for a minor shall be superseded by a decision of a parent, de facto custodian, guardian, or legal custodian of the minor. (7) A health care provider shall honor a caregiver’s authorization to provide health care treatment to a minor, or the caregiver’s decision to withhold such authorization, if the caregiver presents to the provider a duly executed affidavit described in subsection (2) of this section. A health care provider shall refuse to honor the caregiver’s decision to seek or refuse health care treatment if the provider has actual knowledge that a parent, de facto custodian, legal custodian, or guardian has made a superseding decision to authorize or refuse health care treatment for the minor. The provisions of this subsection shall not be construed to prohibit a health care provider from providing health care treatment for a condition that, left untreated, could reasonably be expected to substantially threaten the health or life of the minor. (8) A person who relies in good faith on a duly executed affidavit as described in subsection (2) of this section in providing or refusing health care treatment shall: (a) Be under no obligation to undertake further investigation into the circumstances forming the basis of the caregiver's authorization to the provision or refusal of health care treatment; and (b) Not be subject to criminal or civil liability or professional disciplinary action because of that reliance. (9) The provisions of this section shall not be construed to relieve any health care provider from liability for negligence in the provision of health care treatment. (10) An affidavit described in subsection (2) of this section may be revoked by the minor's parent, de facto custodian, guardian, legal custodian, or caregiver, and shall be revoked if the minor to whom it applies ceases to reside with the caregiver. If an affidavit is revoked, the caregiver shall give written notice of revocation to any health care provider to which the affidavit was presented for the purpose of obtaining health care for the minor. (11) A person who knowingly makes a false statement in an affidavit described in subsection (2) of this section shall be guilty of a Class A misdemeanor. Effective: July 15, 2014 History: Created 2014 Ky. Acts ch. 69, sec. 2, effective July 15, 2014.

KRS 405.025 Parent or guardian liable for willful damage to property caused by minor

405.025. Parent or guardian liable for willful damage to property caused by minor (1) The parent or guardian of any unemancipated minor, in his care and custody, against whom judgment has been rendered for the willful marking upon, defacing or damaging of any property, shall be liable for the payment of that judgment up to an amount not to exceed twenty-five hundred dollars ($2500), if the parent or guardian has been joined as a party defendant in the original action. The judgment provided herein to be paid shall be paid to the owner of the property damaged but such payment shall not be a bar to any criminal action or any proceeding against the unemancipated minor committing such damage for the balance of the judgment not paid by the parent or guardian. No parent or guardian shall be liable under the provisions of this subsection in a cumulative amount in excess of ten thousand dollars ($10,000) for the willful marking upon, defacing or damaging of any property by any child. (2) Nothing in this section is intended to or shall limit to twenty-five hundred dollars ($2500) the liability of a person to whom the negligence of a minor is imputed by KRS 186.590, nor shall this section limit the liability set forth in any other statute to the contrary. History: Amended 1976 Ky. Acts ch. 235, sec. 1. -- Created 1968 Ky. Acts ch. 44, secs. 1, 2.

KRS 405.027 Court may require parent or guardian of minor defendant to pay attorney's fees and costs

405.027. Court may require parent or guardian of minor defendant to pay attorney's fees and costs In any proceeding within this Commonwealth wherein a minor child is a party defendant, it shall be within the sound discretion of the court to direct that the parents or guardian of such minor child pay all attorney's fees and costs, including but not limited to amounts repayable under KRS 31.120, of said action as may be reasonable. This section shall not be construed as repealing any of the laws of the Commonwealth relating to parents' liability for the acts of their minor children, but shall be held and construed as ancillary and supplemental thereto. Effective: July 15, 1980 History: Created 1980 Ky. Acts ch. 334, sec. 2, effective July 15, 1980.

KRS 405.028 Custody, visitation, and inheritance rights denied parent convicted of a felony sexual offense from which victim delivered a child -- Waiver -- Child support obligation

405.028. Custody, visitation, and inheritance rights denied parent convicted of a felony sexual offense from which victim delivered a child -- Waiver -- Child support obligation (1) Except as provided in subsection (2) of this section, any person who has been convicted of a felony offense under KRS Chapter 510, or a comparable offense from another jurisdiction, in which the victim of that offense has conceived and delivered a child, shall not have custody or visitation rights, or the right of inheritance under KRS Chapter 391 with respect to that child. (2) The adult mother of the child may waive the protection afforded under subsection (1) of this section regarding visitation and request that the court grant reasonable visitation rights with the child if paternity has been acknowledged. (3) Unless waived by the mother, or a guardian of a minor mother or a de facto custodian of the child in the case of a minor mother, and, if applicable, the public agency substantially contributing to the support of the child, a court shall establish a child support obligation against the father of the child pursuant to KRS 403.211. As used in this subsection, "de facto custodian" has the same meaning as in KRS 403.270. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 30, sec. 2, effective July 15, 2020. -- Created 2014 Ky. Acts ch. 130, sec. 2, effective July 15, 2014.

KRS 405.030 Repealed, effective January 1, 1975

405.030. Repealed, effective January 1, 1975 Catchline at repeal: Neglect of child under fourteen. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 328.

KRS 405.035 Renumbered as KRS 405.465

KRS 405.040 Repealed, effective January 1, 1975

405.040. Repealed, effective January 1, 1975 Catchline at repeal: Abandonment of child under six. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 329.

KRS 405.050 Repealed, effective January 1, 1975

405.050. Repealed, effective January 1, 1975 Catchline at repeal: Power of societies to enforce law. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 330, 331.

KRS 405.060 Sale or conveyance in fraud of wife or child -- Transfer of income or property to avoid payment to child support creditor

405.060. Sale or conveyance in fraud of wife or child -- Transfer of income or property to avoid payment to child support creditor (1) Any sale or conveyance made to a purchaser with notice or for the benefit of any religious society, if made in fr aud or hindrance of the right of wife or child to maintenance, shall be void as against the wife or child. (2) In any case where an obligor transfers income or property to avoid payment to a child support creditor, the transfer shall be indicia of fraud. I ndicia of fraud creates a prima facie case that the transfer of income or property was to avoid payment of child support. Indicia of fraud shall be set forth by administrative regulation. (3) In any case in which the Office of the Attorney General knows of a transfer by a child support obligor with respect to which a prima facie case is established, the Office of the Attorney General shall: (a) Seek to void the transfer; or (b) Obtain a settlement in the best interests of the child support creditor. Effective: July 1, 2025 History: Amended 2025 Ky. Acts ch. 59, sec. 10, effective July 1, 2025. -- Amended 1998 Ky. Acts ch. 255, sec. 23, effective July 15, 1998. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2126.

KRS 405.070 Provision for children of parent joining certain religious societies

405.070. Provision for children of parent joining certain religious societies When a parent of a child joins any religious society whose faith is similar to that of the Shakers without having made adequate provision for his children, the Circuit Court of the county where he resides, or of the county in which any part of his property is situated, if he does not reside in this state, may, upon petition of any next friend, appoint a committee to any infant child, or child of unsound mind, of the father or mother, and make out of the father's or mother's estate a provision for the maintenance of the child, and take the child from the father, mother or society, and provide for its custody. History: Amended 1974 Ky. Acts ch. 386, sec. 96. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2125.

KRS 405.075 Definitions for section -- Anonymity of parent who places newborn infant with emergency provider, police station, fire station, hospital, or participating place of worship -- Newborn safety device -- Transport to emergency room -- Implied consent to treatment -- Waiver by parent -- Sign posted at facility -- Immunity of provider, officer, firefighter, or staff member from liability --

405.075. Definitions for section -- Anonymity of parent who places newborn infant with emergency provider, police station, fire station, hospital, or participating place of worship -- Newborn safety device -- Transport to emergency room -- Implied consent to treatment -- Waiver by parent -- Sign posted at facility -- Immunity of provider, officer, firefighter, or staff member from liability -- Short title. (1) As used in this section: (a) "Newborn infant" means an infant who is medically dete rmined to be less than thirty (30) days old; (b) "Newborn safety device" means a device: 1. Designed to permit a parent to anonymously place a newborn infant in the device with the intent to leave the newborn and for an emergency medical services provider to remove the newborn from the device and take custody of the newborn infant; 2. Installed with an adequate dual alarm system connected to the physical location where the device is physically installed. The dual alarm system shall be: a. Tested at least one (1) time per month to ensure the alarm system is in working order; and b. Visually checked at least two (2) times per day to ensure the alarm system is in working order; 3. Approved by and physically located inside a participating staffed ground ambulance provider licensed and authorized in accordance with administrative regulations promulgated by the Kentucky Board of Emergency Medical Services, staffed police station, staffed fire station, or staffed hospital that: a. Is licensed or otherwise legally operating in this state; and b. Is staffed continuously on a twenty -four (24) hour basis every day by a licensed emergency medical services provider except when all licensed emergency medical services providers are temporar ily off-site providing emergency medical services as defined in KRS 311A.010; and 4. Located in an area that is conspicuous and visible to a ground ambulance provider licensed and authorized in accordance with administrative regulations promulgated by the Kentucky Board of Emergency Medical Services, or to police station, fire station, or hospital staff; and (c) "Participating place of worship" means a recognized place of religious worship that has voluntarily agreed to perform the duty granted in this sect ion and display signage prominently on its premises regarding its participation in this section and its operating hours during which staff will be present. (2) A parent shall have the right to remain anonymous, shall not be pursued, and shall not be considered to have abandoned or endangered a newborn infant under KRS Chapters 508 and 530 if the parent: (a) Places a newborn infant: 1. With an emergency medical services provider; 2. At a staffed police station, fire station, or hospital; 3. At a participating place of worship; or 4. Inside a newborn safety device that meets the requirements of subsection (1) of this section; and (b) Expresses no intent to return for the newborn infant. (3) (a) Any emergency medical services provider, police officer, or firefighter who accepts physical custody of a newborn infant, or who physically retrieves a newborn infant from a newborn safety device that meets the requirements of subsection (1) of this section, in accordance with this section shall immediately arrange for the infant to be taken to the nearest hospital emergency room and shall have implied consent to any and all appropriate medical treatment. (b) Any staff member at a participating place of worship who accepts physical custody of a newborn infant in accordance with this section shall immediately contact the 911 emergency telephone service as set forth in KRS 65.750 to 65.760, wireless enhanced 911 system as set forth in KRS 65.7621 to 65.7643, or emergency medical services as set forth in KRS Chapter 311A for transportation to the nearest hospital emergency room. (4) By placing a newborn infant in the manner described in this section, the parent: (a) Waives the right to notification required by subsequent court proceedings conducted under KRS Chapter 620 until such time as a claim of parental rights is made; and (b) Waives legal standing to make a claim of action against any person who accepts physical custody of the newborn infant. (5) A staffed police station, fire station, hospital, emergency medical facility, or participating place of worship may post a sign easily seen by the public stating that: "This facility is a safe and legal place to surrender a newborn infant who is less than 30 days old. A parent who places a newborn infant at this facility and expresses no intent to return for the infant shall have the right to remain anonymous and not be pursued and shall not be considered to have abandoned or endangered their newborn infant under KRS Chapters 508 and 530." (6) Actions taken by an emergency medical services provider, police officer, firefighter, or staff member at a participating place of worship in conformity with the duty granted in this section shall be immune from criminal or civil liability. Nothing in this subsection shall limit liability for negligence. (7) The provisions of subsection (2) of this section shall not apply when indicators of child physical abuse or child neglect are present. (8) KRS 211.951, 216B.190, 405.075, 620.350, and 620.355 shall be known as "The Representative Thomas J. Burch Safe Infants Act." Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 94, sec. 8, effective April 5, 2024; and ch. 202, sec. 1, effective July 15, 2024. -- Amended 2022 Ky. Acts ch. 45, sec. 1, effective July 14, 2022. -- Amended 2021 Ky. Acts ch. 117, sec. 1, effective June 29, 2021. -- Amended 2018 Ky. Acts ch. 152, sec. 1, effective July 14, 2018. -- Amended 2016 Ky. Acts ch. 122, sec. 3, effective July 15, 2016. -- Created 2002 Ky. Acts ch. 303, sec. 4, effective April 9, 2002. Legislative Research Commission Note (7/15/2024). This statute was amended by 2024 Ky. Acts chs. 94 and 202, which do not appear to be in conflict and have been codified together.

KRS 405.080 Repealed, effective January 1, 1975

405.080. Repealed, effective January 1, 1975 Catchline at repeal: Support of indigent parent. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Amended 1968 Ky. Acts ch. 100, sec. 20. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 331f.

KRS 405.090 Repealed, effective January 2, 1978

405.090. Repealed, effective January 2, 1978 Catchline at repeal: Supervisor of parents in certain counties. History: Repealed 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 491, effective January 2, 1978. -- Amended 1966 Ky. Acts chs. 255, sec. 269. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 331k-l.

KRS 405.100 Repealed, effective January 2, 1978

405.100. Repealed, effective January 2, 1978 Catchline at repeal: Duties of supervisor. History: Repealed 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 491, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 331k-2.

KRS 405.110 Repealed, effective January 2, 1978

405.110. Repealed, effective January 2, 1978 Catchline at repeal: Powers of supervisor. History: Repealed 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 491, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 331k-3.

KRS 405.120 Repealed, effective January 2, 1978

405.120. Repealed, effective January 2, 1978 Catchline at repeal: Bond of supervisor. History: Repealed 1976 (1st. Extra Sess.) Ky. Acts ch. 14, sec. 491, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 331k-4.

KRS 405.130 Repealed, 1966

405.130. Repealed, 1966 Catchline at repeal: Salary of supervisor. History: Repealed 1966 Ky. Acts ch. 255, sec. 283. -- Amended 1946 Ky. Acts ch. 223, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 331k-5.

KRS 405.140 Repealed, 1946

405.140. Repealed, 1946 Catchline at repeal: Definitions for KRS 405.140 to 405.240. History: Repealed 1946 Ky. Acts ch. 245, sec. 14. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 331b-9, 331b-14.

KRS 405.150 Repealed, 1946

405.150. Repealed, 1946 Catchline at repeal: Adoption, when authorized; petition for adoption; parties defendant. History: Repealed 1946 Ky. Acts ch. 245, sec. 14. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 331b-3, 331b-9.

KRS 405.160 Repealed, 1946

405.160. Repealed, 1946 Catchline at repeal: Filing petition; investigation by Department of Welfare; hearing. History: Repealed 1946 Ky. Acts ch. 245, sec. 14. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 331b-4.

KRS 405.170 Repealed, 1946

405.170. Repealed, 1946 Catchline at repeal: Consent required for adoption. History: Repealed 1946 Ky. Acts ch. 245, sec. 14. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 331b-5.

KRS 405.180 Repealed, 1946

405.180. Repealed, 1946 Catchline at repeal: Order of adoption. History: Repealed 1946 Ky. Acts ch. 245, sec. 14. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 331b-6.

KRS 405.190 Repealed, 1946

405.190. Repealed, 1946 Catchline at repeal: Report of county clerk in Division of Vital Statistics; new record of birth. History: Repealed 1946 Ky. Acts ch. 245, sec. 14. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 331b-7.

KRS 405.200 Repealed, 1946

405.200. Repealed, 1946 Catchline at repeal: Descent and distribution; relation of child to natural and adopted parents. History: Repealed 1946 Ky. Acts ch. 245, sec. 14. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 331b-8.

KRS 405.210 Repealed, 1946

405.210. Repealed, 1946 Catchline at repeal: Adoption records confidential. History: Repealed 1946 Ky. Acts ch. 245, sec. 14. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 331b-10.

KRS 405.220 Repealed, 1946

405.220. Repealed, 1946 Catchline at repeal: Appeal to circuit court. History: Repealed 1946 Ky. Acts ch. 245, sec. 14. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 331b-11.

KRS 405.230 Repealed, 1946

405.230. Repealed, 1946 Catchline at repeal: Appeal bond; no costs against child appealing. History: Repealed 1946 Ky. Acts ch. 245, sec. 14. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 331b-12.

KRS 405.240 Repealed, 1946

405.240. Repealed, 1946 Catchline at repeal: Unlawful to advertise for adoption. History: Repealed 1946 Ky. Acts ch. 245, sec. 14. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 331b-13.

KRS 405.250 Repealed, 1950

405.250. Repealed, 1950 Catchline at repeal: Definitions for KRS 405.260 to 405.380. History: Repealed 1950 Ky. Acts ch. 125, sec. 33. -- Created 1946 Ky. Acts ch. 245, sec. 1.

KRS 405.260 Repealed, 1950

405.260. Repealed, 1950 Catchline at repeal: Petition for adoption; who may file; where filed; joinder of husband and wife; who may be adopted; successive adoptions; child must live with petitioners. History: Repealed 1950 Ky. Acts ch. 125, sec. 33. -- Created 1946 Ky. Acts ch. 245, sec. 2 [1, 2, 3].

KRS 405.270 Repealed, 1950

405.270. Repealed, 1950 Catchline at repeal: Parties defendant; process; relinquishment of parental rights. History: Repealed 1950 Ky. Acts ch. 125, sec. 33. -- Created 1946 Ky. Acts ch. 245, sec. 2 [4, 5].

KRS 405.280 Repealed, 1950

405.280. Repealed, 1950 Catchline at repeal: Verification of petition; what petition to allege; what to be filed with petition. History: Repealed 1950 Ky. Acts ch. 125, sec. 33. -- Created 1946 Ky. Acts ch. 245, sec. 3.

KRS 405.290 Repealed, 1950

405.290. Repealed, 1950 Catchline at repeal: Department of Welfare to be given copy of petition and notice of hearing; investigation and report by department. History: Repealed 1950 Ky. Acts ch. 125, sec. 33. -- Created 1946 Ky. Acts ch. 245, sec. 4.

KRS 405.300 Repealed, 1950

405.300. Repealed, 1950 Catchline at repeal: Consent, who must give; guardian ad litem, when required. History: Repealed 1950 Ky. Acts ch. 125, sec. 33. -- Created 1946 Ky. Acts ch. 245, sec. 5.

KRS 405.310 Repealed, 1950

405.310. Repealed, 1950 Catchline at repeal: Personal attendance at hearing, in chambers. History: Repealed 1950 Ky. Acts ch. 125, sec. 33. -- Created 1946 Ky. Acts ch. 245, sec. 6.

KRS 405.320 Repealed, 1950

405.320. Repealed, 1950 Catchline at repeal: Judgment of adoption; disposition of child if adoption not adjudged. History: Repealed 1950 Ky. Acts ch. 125, sec. 33. -- Created 1946 Ky. Acts ch. 245, sec. 7.

KRS 405.330 Repealed, 1950

405.330. Repealed, 1950 Catchline at repeal: Appeal. History: Repealed 1950 Ky. Acts ch. 125, sec. 33. -- Created 1946 Ky. Acts ch. 245, sec. 8.

KRS 405.340 Repealed, 1950

405.340. Repealed, 1950 Catchline at repeal: Legal status of adopted child; relation to natural parents. History: Repealed 1950 Ky. Acts ch. 125, sec. 33. -- Created 1946 Ky. Acts ch. 245, sec. 9.

KRS 405.350 Repealed, 1950

405.350. Repealed, 1950 Catchline at repeal: Adoption records to be confidential; changes in records. History: Repealed 1950 Ky. Acts ch. 125, sec. 33. -- Created 1946 Ky. Acts ch. 245, sec. 12.

KRS 405.360 Repealed, 1950

405.360. Repealed, 1950 Catchline at repeal: Completion of proceedings begun under former statutes. History: Repealed 1950 Ky. Acts ch. 125, sec. 33. -- Created 1946 Ky. Acts ch. 245, sec. 13.

KRS 405.370 Repealed, 1950

405.370. Repealed, 1950 Catchline at repeal: Placing of child for adoption without consent of Department of Welfare forbidden. History: Repealed 1950 Ky. Acts ch. 125, sec. 33. -- Created 1946 Ky. Acts ch. 245, sec. 10.

KRS 405.380 Repealed, 1950

405.380. Repealed, 1950 Catchline at repeal: Advertisements soliciting children for adoption forbidden. History: Repealed 1950 Ky. Acts ch. 125, sec. 33. -- Created 1946 Ky. Acts ch. 245, sec. 11 [1].

KRS 405.390 Adoption of an adult

405.390. Adoption of an adult An adult person over eighteen (18) years of age may be adopted in the same manner as provided by law for the adoption of a child and with the same legal effect, except that his consent alone to such adoption shall be required. History: Amended 1964 Ky. Acts ch. 21, sec. 6. -- Created 1950 Ky. Acts ch. 120, sec. 1.

KRS 405.400 Repealed, 1988

405.400. Repealed, 1988 Catchline at repeal: Short title. History: Repealed 1988 Ky. Acts ch. 411, sec. 35, effective May 1, 1988. -- Created 1984 Ky. Acts ch. 144, sec. 17, effective July 13, 1984.

KRS 405.405 Definitions in KRS 15.800 applicable to KRS 405.430 to 405.530

405.405. Definitions in KRS 15.800 applicable to KRS 405.430 to 405.530 The definitions provided in KRS 15.800 shall be applicable to KRS 405.430 to 405.530, unless the context requires otherwise. Effective: July 1, 2025 History: Amended 2023 Ky. Acts ch. 124, sec. 72, effective July 1, 2025. -- Created 1988 Ky. Acts ch. 411, sec. 19, effective July 15, 1988.

KRS 405.410 Repealed, 1988

405.410. Repealed, 1988 Catchline at repeal: Purpose. History: Repealed 1988 Ky. Acts ch. 411, sec. 35, effective May 1, 1988. -- Created 1984 Ky. Acts ch. 144, sec. 1, effective July 13, 1984.

KRS 405.411 Newspaper publication of names of persons with child support arrearages or who fail to appear in child support cases

405.411. Newspaper publication of names of persons with child support arrearages or who fail to appear in child support cases (1) The Office of the Attorney General's designee under KRS 15.802(6) for the administration of child support may compile a list of the names of persons under its jurisdiction who have a child support arrearage that equals or exceeds six (6) months without payment, or fail, after receiving appropriate notice, to comply with subpoenas or warrants relating to paternity or child support proceedings as provided by 42 U.S.C. sec. 666(a)(16). The Office of the Attorney General may furnish this list to the newspaper of general circulation in that county for publication. (2) The Department of Child Support Services in the Department of Law shall determine uniform standards for publication. The Office of the Attorney General is authorized to promulgate the necessary administrative regulations under KRS Chapter 13A to implement the provisions of this section. (3) For purposes of this section, "newspaper of general circulation" means a publication bearing a title or name, regularly issued at least as frequently as once a week for a definite price, having a second-class mailing privilege, being not less than four (4) pages, published continuously during the immediately preceding one (1) year period, which is published for the dissemination of news of general interest, and is circulated generally in the political subdivision in which it is published and in which notice is to be given. In any county where a publication fully complying with this definition does not exist, the Office of the Attorney General may publish this list in the publication utilized by the Circuit Court Clerk of the county for publication of other legal notices in the county. A newspaper that is not engaged in the distribution of news of general interest to the public, but that is primarily engaged in the distribution of news of interest to a particular group of citizens, is not a newspaper of general circulation. Effective: July 1, 2025 History: Amended 2025 Ky. Acts ch. 59, sec. 11, effective July 1, 2025. -- Amended 2023 Ky. Acts ch. 124, sec. 48, effective July 1, 2025. -- Amended 2018 Ky. Acts ch. 112, sec. 16, effective July 14, 2018. -- Amended 2012 Ky. Ac ts ch. 158, sec. 70, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 99, sec. 630, effective June 20, 2005. -- Created 2000 Ky. Acts ch. 430, sec. 11, effective July 14, 2000. Legislative Research Commission Note (7/1/2025). Under the authority of KRS 7.136(1), a reference to KRS 15.802"(7)" in subsection (1) of this statute has been changed to KRS 15.802"(6)" in codification following the enactment of 2023 Ky. Acts ch. 124, sec. 9, which repealed, reenacted, renumbered, and amended KRS 205.712 as a section of KRS Chapter 15 [KRS 15.802], deleted subsection (1) in its entirety, and resulted in the renumbering of subsequent subsections.

KRS 405.420 Repealed, 1988

405.420. Repealed, 1988 Catchline at repeal: Definitions for KRS 405.400 to 405.530. History: Repealed 1988 Ky. Acts ch. 411, sec. 35, effective May 1, 1988. -- Created 1984 Ky. Acts ch. 144, sec. 4, effective July 13, 1984.

KRS 405.430 Genetic testing to establish paternity -- Office may determine child support or child care obligation -- Adjustment of child support or child support obligation -- Order requiring parent to work or continue educational or training activities -- Disclosure of financial records -- Voluntary acknowledgment of paternity as basis -- Administrative subpoenas to enforce

405.430. Genetic testing to establish paternity -- Office may determine child support or child care obligation -- Adjustment of child support or child support obligation -- Order requiring parent to work or continue educational or training activities -- Disclosure of financial records -- Voluntary acknowledgment of paternity as basis -- Administrative subpoenas to enforce child support obligation -- Prohibition -- Employment assistance. (1) When a parent presents himself to the Office o f the Attorney General for the voluntary establishment of paternity and clear evidence of parentage is not present, the office shall pay when administratively ordered the cost of genetic testing to establish paternity, subject to recoupment from the allege d father when paternity is established. (2) The Office of the Attorney General shall obtain additional testing in any case if an original test is contested, upon request and advance payment by the contestant. (3) In a contested paternity case, the child, t he mother, and the putative father shall submit to genetic testing upon a request of any of the parties, unless the person or guardian of the person who is requested to submit to genetic testing shows good cause, taking into account the best interests of t he child, why the genetic tests cannot be performed. The request shall be supported by a sworn statement of the party, requesting that the test be performed, which shall include the information required by 42 U.S.C. sec. 666(a)(5)(B)(i) or (ii). (4) When a parent who fails to support a child is not obligated to provide child support by court order, the Office of the Attorney General may administratively establish a child support obligation based upon a voluntary acknowledgment of paternity as set forth in KRS Chapter 406, the parent's minimum monthly child support obligation and proportionate share of child care costs incurred due to employment or job search of either parent, or incurred while receiving elementary or secondary education, or higher education or vocational training which will lead to employment. The monthly child support obligation shall be determined pursuant to the Kentucky child support guidelines set forth in KRS 403.212 or 403.2122. The actual cost of child care shall be reasonable and sha ll be allocated between the parents in the same proportion as each parent's gross income, as determined under the guidelines, bears to the total family gross income. (5) The Office of the Attorney General shall recognize a voluntary acknowledgment of paternity as a basis for seeking a support order, irrespective of the alleged father's willingness to consent to a support order. (6) When in the best interest of the child, the Office of the Attorney General may review and adjust a parent's child support oblig ation or child care obligation as established by the office, upon a request of the office when an assignment has been made, or upon either parent's petition if the amount of the child support awarded under the order differs from the amount that would be aw arded in accordance with KRS 403.212 or 403.2122. The Office of the Attorney General shall notify parents at least once every three (3) years of the right to a review. (7) In establishing or modifying a parent's monthly child support obligation, the Office of the Attorney General may use automated methods to identify orders eligible for review, conduct the review, identify orders eligible for adjustment, and apply the adjustment to eligible orders in accordance with KRS 403.212 or 403.2122. The office shall utilize information, including financial records, about the parent and child which it has good reason to believe is reliable and may require the parents to provide income verification. (8) In cases in which past-due support is owed for a child receiving public assistance under Title IV-A of the Federal Social Security Act, the Office of the Attorney General shall issue an administrative order, or seek a judicial order, requiring the obligated parent to participate in work activities, or educational or vocational training activities for at least twenty (20) hours per week, unless the parent is incapacitated as defined by 42 U.S.C. sec. 607. (9) The Office of the Attorney General may disclose financial records only for the purpose of establishing, modifying, or enforcing a child support obligation of an individual. A financial institution shall not be liable to any individual for disclosing any financial record of the individual to the office attempting to establish, modify, or enforce a child support obligation. (10) The Office of the Attorney General may issue both intrastate and interstate administrative subpoenas to any individual or entity for financial or other information or documents which are needed to establish, modify, or enforce a child support obligation pursuant to Title IV-D of the Social Security Act, 42 U.S.C. sec. 651 et seq. An administrative subpoena lawfully issued in another state to an individual or entity residing in this state shall be honored and enforced in the Circuit Court of the county in which the individual or entity resides. (11) In any case where a person or entity fails to respond to a subpoena within the specified time frame, the Office of the Attorney General shall impose a penalty. (12) No person shall knowingly make, present, or cause to be made or presented to an employee or officer of the Office of the Attorney General any false, fictitious, or fraudulent statement, representation, or entry in any application, report, document, or financial record used in determining child support or child care obligations. (13) If a person knowingly or by reason of negligence discloses a financial record of an individual, that individual may pursue civil action for damages in a federal District Court or appropriate state court. No liability shall arise with respect to any disclosure which results from a good faith, but erroneous, interpretation. In any civil action brought for reason of negligence of disclosure of financial records, upon finding of liability on the part of the defendant, the defendant shall be liable to the plaintiff in an amount equal to: (a) The sum of the greater of one thousand dollars ($1,000) for each act of unauthorized disclosure of financial records; or (b) The sum of the actual damages sustained by the plaintiff resulting from the unauthorized disclosure; plus (c) If willful disclosure or disclosure was a result of gross negligence, punitive damages, plus the costs, including attorney fees, of the action. (14) The Office of the Attorney General shall issue an administrative order or seek a judicial order requiring a parent with a delinquent child support obligation, as defined by administrative regulation promulgated under KRS 15.055, to participate in the program described in KRS 15.816 to help low-income, noncustodial parents find and keep employment unless the parent is incapacitated as defined by 42 U.S.C. sec. 607. Effective: July 1, 2025 History: Amended 2025 Ky. Acts ch. 59, sec. 12, effective July 1, 2025. -- Amended 2024 Ky. Acts ch. 219, sec. 9, effective July 1, 2025. -- Amended 2023 Ky. Acts ch. 124, sec. 49, effective July 1, 2025. -- Amended 2022 Ky. Acts ch. 122, sec. 8, effective July 14, 2022. -- Amended 2000 Ky. Acts ch. 430, sec. 13, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 255, sec. 22, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 365, sec. 7, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 330, sec. 13, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 418, sec. 9, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 411, sec. 20, effective July 15, 1988. -- Created 1984 Ky. Acts ch. 144, sec. 5, effective July 13, 1984.

KRS 405.435 Information from employers and labor organizations upon hiring of Kentucky residents -- Use of information in matters of paternity and child support -- Fine for noncompliance -- Hearing

405.435. Information from employers and labor organizations upon hiring of Kentucky residents -- Use of information in matters of paternity and child support -- Fine for noncompliance -- Hearing (1) An employer or labor organization in the Commonwealth of Kentucky shall provide information to the Office of the Attorney General when that employer or labor organization hires an employee who resides or works in the Commonwealth, or rehires or permits the return to work of an employee who has be en laid-off, furloughed, separated, granted a leave without pay, or terminated from employment, unless the reporting could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission as determined by the Attorney General. (2) The employer shall provide the information within twenty (20) days of the hiring or return to work of the employee. The information shall include: (a) The employee's name, address, and Social Security number; (b) The employer's name, address, and, if the employer has been assigned one, federal and state employer identification numbers; and (c) The date services for remuneration were first performed by the employee. (3) An employer shall report the required information by submitting a copy of the employee's W-4 form or, at the option of the employer, an equivalent form provided by the Office of the Attorney General as prescribed by administrative regulation promulgated by the office in accordance with KRS Chapter 13A. (4) The Office of the Attorney General shall enter all new hire information into the database of the office within five (5) business days. (5) The Office of the Attorney General may promulgate administrative regulations in accordance with KRS Chapter 13A if the office determines exceptio ns are needed to reduce unnecessary or burdensome reporting or are needed to facilitate cost - effective operation of the office under this section. (6) The Office of the Attorney General shall use the information collected pursuant to this section for the l ocation of noncustodial parents, establishment, modification, and enforcement of child support and any other matter related to paternity or child support. (7) If the employer fails to report as required by this section, the Office of the Attorney General shall give the employer written notice of the provisions of this section, including the penalty for failure to report. (8) If the employer has not filed a report within twenty (20) days from the date that the written notice is sent to him, the Office of the Attorney General shall send a second written notice. (9) If the employer fails to file a W -4 or equivalent form within twenty (20) days from the date that the second written notice is sent, or supplies a false or incomplete report, and the failure is a result of a conspiracy between the employee and the employer to prevent the proper information from being filed within twent y (20) days from the date that the second written notice is sent, the Office of the Attorney General shall send the employer by certified mail, return receipt request, notice of an administrative fine. The fine shall be two hundred fifty dollars ($250) per calendar month per person for any violation occurring after the second notice has been given, and continuing until a W-4 or equivalent form is received by the office. No fine shall be imposed for any period of less than one (1) full calendar month. (10) The employer shall have ten (10) days after receipt of the administrative fine notice to request a hearing before the Office of the Attorney General on whether the administrative fine was properly assessed. If a timely request for a hearing is received, the office shall schedule and conduct a hearing in accordance with administrative regulations promulgated by the office in accordance with KRS Chapter 13A. Effective: July 1, 2025 History: Amended 2023 Ky. Acts ch. 124, sec. 50, effective July 1, 2025. -- Amended 2012 Ky. Acts ch. 158, sec. 71, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 99, sec. 631, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 55, sec. 1, effective July 14, 2000. -- Created 1998 Ky. Acts ch. 255, sec. 41, effective July 15, 1998.

KRS 405.440 Notice of, and hearing on, determination of obligation

405.440. Notice of, and hearing on, determination of obligation The notice of a minimum monthly support obligation shall be served in person or by certified mail, return receipt requested, and shall include at least the following: (1) The name of the child for whom the support obligation is owed; (2) The amount of the support debt accrued or accruing; (3) A statement that the parent's earnings and property, both real and personal, are subject to judicial and administrative enforcement; (4) That the parent may dispute the obligation amount or any other matter contained in the notice by requesting a dispute hearing within twenty (20) days; (5) That, unless there is good cause as determined by the Office of the Attorney General for the parent's failure to request a hearing, if the parent does not request a hearing, his or her agreement will be presumed and the first payment will be due twenty (20) days after receipt of the notice; and (6) That if the parent requests a hearing and fails to appear, the hearing officer shall affirm the determination of minimum monthly support obligation. Effective: July 1, 2025 History: Amended 2025 Ky. Acts ch. 59, sec. 13, effective July 1, 2025. -- Created 1984 Ky. Acts ch. 144, sec. 6, effective July 13, 1984.

KRS 405.450 Dispute hearings -- Appeal -- Payment during pendency of appeal -- Contested obligation amount during modification review

405.450. Dispute hearings -- Appeal -- Payment during pendency of appeal -- Contested obligation amount during modification review (1) A hearing officer appointed by the Office of Administrative Hearings within the Department of Law shall conduct dispute hearings in the county of the child or parent's residence or any other location acceptable to the parent, which shall be scheduled within sixty (60) days of the parent's request for a hearing. The dispute hearing proceedings shall be conducted in accordance with KRS Chapter 13B. (2) The parent's obligation to pay minimum monthly support shall be stayed until the parent's receipt of the final order. (3) The parent or the Office of the Attorney General may file an appeal in the Circuit Court in the county of the parent's or the child's residence in accordance with KRS Chapter 13B. (4) The parent shall, during the pendency of the parent's appeal from the final order, absent a showing of indigency or need exceeding the child's need, pay the mi nimum monthly support obligation to the office, which shall, if the parent's appeal is successful, return his or her money together with interest at the legal rate for judgments. (5) If the Office of the Attorney General elects to conduct the modification review as specified in KRS 405.430(6), either party may contest the adjustment to the obligation amount within thirty (30) days after the date of the notice of the adjustment by requesting a review under subsection (1) of this section and, if appropriate, a request for adjustment of the order as permitted by this chapter. Effective: July 1, 2025 History: Amended 2025 Ky. Acts ch. 59, sec. 32, effective July 1, 2025. -- Amended 2023 Ky. Acts ch. 124, sec. 51, effective July 1, 2025. -- Amended 1998 Ky. Acts ch. 255, sec. 24, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 354, effective July 15, 1996. -- Amended 1986 Ky. Acts ch. 487, sec. 12, effective July 15, 1986. -- Created 1984 Ky. Acts ch. 144, sec. 7, effective July 13, 1984.

KRS 405.460 Enforcement of support obligation without action of hearing officer -- Action to collect debt

405.460. Enforcement of support obligation without action of hearing officer -- Action to collect debt (1) When an arrearage has accrued that is equal to the amount of support payable for one (1) month on court-ordered or administratively-determined child support, which was set prior to July 15, 1988, the Office of the Attorney General may use judicial or administrative remedies to enforce the support obligation without the necessity of any action by a hearing officer. (2) In cases where the obligor has not requested a dispute hearing, action to collect the debt may be taken twenty (20) days after the obligor's receipt of the notice of support obligation or his refusal to accept the notice. Effective: July 1, 2025 History: Amended 2023 Ky. Acts ch. 124, sec. 52, effective July 1, 2025. -- Amended 1988 Ky. Acts ch. 411, sec. 21, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 487, sec. 13, effective July 15, 1986. -- Created 1984 Ky. Acts ch. 144, sec. 8, effective July 13, 1984.

KRS 405.463 Withholding of state lottery winnings of delinquent child support obligors

405.463. Withholding of state lottery winnings of delinquent child support obligors The Kentucky Lottery Corporation and the Office of the Attorney General shall develop a system to allow the Kentucky Lottery Corporation to receive a list of delinquent child support obligors from the office on a monthly basis. The Kentucky Lottery Corporation shall withhold delinquent amounts from prizes of winners that appear on the list. This system shall be timely and shall not create an unavoidable delay in the payment of a lottery prize. Effective: July 1, 2025 History: Amended 2023 Ky. Acts ch. 124, sec. 53, effective July 1, 2025. -- Amended 2005 Ky. Acts ch. 99, sec. 632, effective June 20, 2005. -- Created 2000 Ky. Acts ch. 430, sec. 12, effective July 14, 2000.

KRS 405.465 Income withholding or wage assignments for child support, medical support, maintenance, and medical support insurance orders

405.465. Income withholding or wage assignments for child support, medical support, maintenance, and medical support insurance orders (1) This section shall apply only to those child support, medical support, maintenance, and medical support insurance orders that are established, modified, or enforced by the Office of the Attorney General or those court orders obtained in administering Part D, Title IV of the Federal Social Security Act. (2) All child support orders and medical support insurance orders being established, modified, or enforced by the Office of the Attorney General, or those orders obtained pursuant to the administration of Part D, Title IV of the Federal Social Security Act, shall provide for income withholding which shall begin immediately. (3) The court shall order either or both parents who are obligated to pay child support, medical support, or maintenance under this section to assign to the Office of the Attorney General that portion of salary or wages of the parent due and to be due in the future as will be sufficient to pay the child support amount ordered by the court. (4) The order shall be binding upon the employer or any subsequent employer upon the service by certified mail of a copy of the order upon the employer and until further order of the court. The employer may deduct the sum of one dollar ($1) for each payment made pursuant to the order. (5) The employer shall notify the Office of the Attorney General when an employee, for whom a wage withholding is in effect, terminates employment and provide the terminated employee's last known address and the name and address of the terminated employee's new employer, if known. (6) (a) An employer with twenty (20) or more employees shall notify in writing the Office of the Attorney General, or its designee administering the support order, of any lump-sum payment of any kind of one hundred fifty dollars ($150) or more to be made to an employee under a wage withholding order. An employer with twenty (20) or more employees shall notify in writing the Office of the Attorney General or its designee no later than forty-five (45) days before the lump-sum payment is to be made or, if the employee's right to the lump-sum payment is determined less than forty-five (45) days before it is to be made, the date on which that determination is made. After notification, the employer shall hold each lump-sum payment of one hundred fifty dollars ($150) or more for thirty (30) days after the date on which it would otherwise be paid to the employee and, on order of the court, pay all or a specified amount of the lump-sum payment to the Department of Child Support Services. The employer may deduct the sum of one dollar ($1) for each payment. (b) As used in this subsection, "lump-sum payment of any kind" means a lump- sum payment of earnings as defined in KRS 427.005. (7) Any assignment made pursuant to court order shall have priority as against any attachment, execution, or other assignment, unless otherwise ordered by the court. (8) No assignment under this section by an employee shall constitute grounds for dismissal of the obligor, refusal to employ, or taking disciplinary action against any obligor subject to withholding required by this section. Effective: July 1, 2025 History: Amended 2025 Ky. Acts ch. 59, sec. 14, effective July 1, 2025. -- Amended 2023 Ky. Acts ch. 124, sec. 54, effective July 1, 2025. -- Amended 2012 Ky. Acts ch. 158, sec. 72, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 99, sec. 633, effective June 20, 2005; and ch. 149, sec. 1, effective January 1, 2006. -- Amended 1998 Ky. Acts ch. 255, sec. 21, effective July 15, 1998; and ch. 426, sec. 584, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 365, sec. 8, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 330, sec. 14, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 418, sec. 10, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 411, sec. 22, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 487, sec. 14, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 144, sec. 9, effective July 13, 1984. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 409, effective January 2, 1978. -- Created 1972 Ky. Acts ch. 109, sec. 1. Formerly codified as KRS 405.035.

KRS 405.467 Withholding order issued by office -- Notice -- Hearing -- Combining orders and allocating amounts -- Duty and liability of employer -- Priority -- Interstate requests

405.467. Withholding order issued by office -- Notice -- Hearing -- Combining orders and allocating amounts -- Duty and liability of employer -- Priority -- Interstate requests (1) All support orders issued by the Office of the Attorney Gen eral, including those issued pursuant to Part D, Title IV of the Federal Social Security Act, shall provide for immediate withholding of earnings of the parent or parents obligated to pay child support and medical support as is necessary to pay the child s upport obligation, except where one (1) of the parties demonstrates, and the court or administrative order finds that there is good cause not to require immediate income withholding, or a written agreement is reached by both parties which provides for an alternative arrangement. (2) In any case in which a support order was issued in the state and in which a parent is required to pay court-ordered or administratively determined child support, medical support, maintenance, and medical support insurance, and w age withholding is not in effect, and an arrearage accrues that is equal to the amount of support payment for one (1) month, upon request of the absent parent, request of the custodial parent, or upon administrative determination, the Attorney General shal l issue an order for withholding of earnings of the parent as is necessary to comply with the order plus interest at the legal rate on the arrearage, if any, without the need for a judicial or administrative hearing. (3) If a court-ordered arrearage repayment amount does not exist and an arrearage accrues that is equal to the amount of support payable for one (1) month, an arrearage repayment amount may be determined administratively. The Office of the Attorney General shall promulgate administrative regula tions establishing the guidelines for arrearage payments. (4) In any case in which a parent is required either by court order or administrative order to provide medical insurance coverage for the child and the parent has failed to make application to obtain coverage for the child, the Attorney General shall issue an order for withholding of the employee's share, if any, of premiums for health coverage and to pay the share of premiums to the insurer, without the need for a judicial or administrative hearing. (5) The Office of the Attorney General shall advise the obligated parent that a wage withholding has commenced by sending a copy of the order to withhold at the same time that the order is sent to the employer. The only basis for contesting the withholding shall be a mistake of fact or law. If the parent contests the withholding, the Office of the Attorney General shall give the obligor an opportunity to present his or her case at an administrative hearing conducted in accordance with KRS Chapter 13B and decide if the withholding will continue. (6) The Office of the Attorney General shall combine any administrative or judicial wage withholding order, or multiple administrative or judicial orders for child support and medical support into a single wage withh olding order when payable through the office to a single family or to multiple family units. (7) The Office of the Attorney General shall serve the order to withhold earnings or notice of multiple wage withholding orders specifying wage withholding requirements on the employer of an obligor by certified mail, return receipt requested. The order shall state the amount to be withheld, or the requirement to enroll the child under the health insurance coverage, including amounts to be applied to arrearages, plus interest at the legal rate on the arrearage, if any, and the date the withholding is to begin. The total amount to be withheld, including current support and payment on arrearages plus interest, and medical insurance coverage may not exceed the limit permitted under the federal Consumer Credit Protection Act at 15 U.S.C. sec. 1673(b). (8) If there is more than one (1) notice for child support withholding against a single absent parent, the Office of the Attorney General shall allocate amounts available for withholding, giving priority to current child support, up to the limits imposed under Section 303(b) of the Consumer Credit Protection Act at 15 U.S.C. sec. 1673(b). The allocation by the office shall not result in a withholding for one (1) of the support obligations not being implemented. Amounts resulting from wage withholding shall be allocated on a proportionate basis between multiple family units. Any custodial parent adversely affected by the provisions of this subsection shall have standing to challenge any proportionate allocations and, for good cause shown, a District Court, Circuit Court, or family court of competent jurisdiction may set aside the Office of the Attorney General's proportional allocations as to the custodial parent. (9) If the amounts to be withheld preclude collection of the total amount of combined child support and medical support due to the limits of the federal Consumer Credit Protection Act at 15 U.S.C. sec. 1673(b), the actual amount received shall be applied first to the current monthly child support obligation amount. Any payment exceeding the current monthly child support obligation shall then be applied by the Office of the Attorney General to the administratively ordered or judicially ordered medical support obligation. (10) The employer shall forward to the Office of the Attorney General that portion of salary or wages of the parent due and to be due in the future as will be sufficient to pay the child support amount ordered. (11) The employer shall be held liable to the Office of the Attorney General for any amount which the employer fails to withhold from earnings due an obligor following receipt of an order to withhold earnings. (12) Any order to withhold earnings under this sect ion shall have priority as against any attachment, execution, or other assignment, notwithstanding any state statute or administrative regulation to the contrary. (13) No withholding under this section shall be grounds for discharging from employment, refusing to employ, or taking disciplinary action against any obligor subject to withholding required by this section. (14) The remedies provided for in this section shall also be available for applicable support orders issued in other states. (15) Interstate requests for withholding of earnings shall be processed by the Office of the Attorney General. Effective: July 1, 2025 History: Amended 2023 Ky. Acts ch. 124, sec. 55, effective July 1, 2025. -- Amended 2019 Ky. Acts ch. 162, sec. 4, effective June 27, 2019. -- Amended 2005 Ky. Acts ch. 99, sec. 634, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 44, sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 255, sec. 25, effective July 15, 1998; and ch. 426, sec. 585, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 355, effective July 15, 1996; and ch. 365, sec. 9, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 330, sec. 15, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 418, sec. 11, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 411, sec. 23, effective July 15, 1988. -- Created 1986 Ky. Acts ch. 487, sec. 16, effective July 15, 1986.

KRS 405.470 Order to withhold and deliver earnings or property

405.470. Order to withhold and deliver earnings or property (1) The Attorney General may collect delinquent child support by issuing an order to withhold and deliver earnings or property of any kind, real and personal, including booting of vehicle in accordance with administrative regulations promulgated under KRS 15.820, which the Attorney General has reason to believe are due, owing or belonging to the parent. (2) Fifty percent (50%) of the disposable earnings against which a support debt is asserted shall be exempt and may be delivered to the obligor. The only other exemptions allowed shall be those provided in KRS 427.060. (3) The order shall continue to operate until the child support debt is paid in full and shall take priority over all other debts and creditors of such debtor. Effective: July 1, 2025 History: Amended 2023 Ky. Acts ch. 124, sec. 81, effective July 1, 2025. -- Amended 2000 Ky. Acts ch. 430, sec. 14, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 365, sec. 10, effec tive July 15, 1996. -- Amended 1988 Ky. Acts ch. 411, sec. 24, effective July 15, 1988. -- Created 1984 Ky. Acts ch. 144, sec. 10, effective July 13, 1984.

KRS 405.480 Order to withhold -- Service -- Contents

405.480. Order to withhold -- Service -- Contents (1) An order to withhold and deliver shall be personally served or mailed by certified mail, return receipt requested, on the person in possession or control of the property and the obligor. (2) The order shall state the basis for and the amount of the support debt and that the obligor may offer a bond satisfactory to the Office of the Attorney General to avoid losing possession of the property. Effective: July 1, 2025 History: Amended 2023 Ky. Acts ch. 124, sec. 56, effective July 1, 2025. -- Amended 1988 Ky. Acts ch. 411, sec. 25, effective July 15, 1988. -- Created 1984 Ky. Acts ch. 144, sec. 11, effective July 13, 1984.

KRS 405.490 Answer to order to withhold -- Procedure for obligor to contest amount of delinquent support withheld

405.490. Answer to order to withhold -- Procedure for obligor to contest amount of delinquent support withheld (1) Any person, including the obligor, who has been served with an order to withhold and deliver the obligor's property shall ans wer the order within twenty (20) days. (2) The person in possession of any obligor's property shall withhold it and deliver it to the Office of the Attorney General in accordance with the Attorney General's directions; or the obligor may offer a bond which is satisfactory to the office. (3) The person in possession of obligor's property shall have no liability or further responsibility after fulfilling the duties under this section. (4) The obligor may dispute the amount of delinquent support by requesting a dispute hearing with twenty (20) days. (5) If the obligor does not request a hearing, acknowledgment of the obligation is presumed and the Attorney General may apply the withheld property to the delinquent child support obligation. (6) If a hearing is requested, when property or a bond is released to the Attorney General pursuant to an order to withhold and deliver property, the Attorney General shall hold the property or bond, pending determination of the obligor's liability by a hearing officer, pursuant to KRS 405.450. (7) Upon a decision adverse to the Office of the Attorney General by a hearing officer, of the Circuit Court on appeal, the office shall return the property together with interest at the legal rate for judgments. Effective: July 1, 2025 History: Amended 2023 Ky. Acts ch. 124, sec. 57, effective July 1, 2025. -- Amended 2005 Ky. Acts ch. 99, sec. 635, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 586, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 418, sec. 8, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 411, sec. 26, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 487, sec. 15, effective July 15, 1986. -- Created 1984 Ky. Acts ch. 144, sec. 12, effective July 13, 1984.

KRS 405.500 Rebuttable presumption of receipt of notice

405.500. Rebuttable presumption of receipt of notice (1) Whenever KRS 15.800 to 15.876, 403.215, 405.405 to 405.520, 405.991(2), or 530.050 require delivery of a notice or other communication in person or by certified mail, return receipt requested, receipt shall be rebuttably presumed if the obligor or any other adult with apparent authority at the obligor's address signs a receipt or if the obligor or other adult refuses to accept the notice or communication. (2) In the case of a notice to withhold and deliver property served on a person in possession or control of property, receipt shall be rebuttably presumed if the person to whom the order is directed signs or refuses to sign a receipt or if his employee, agent or other adult with apparent authority signs or refuses to sign a receipt. Effective: July 1, 2025 History: Amended 2023 Ky. Acts ch. 124, sec. 77, effective July 1, 2025. -- Amended 1988 Ky. Acts ch. 411, sec. 27, effective July 15, 1988. -- Created 1984 Ky. Acts ch. 144, sec. 13, effective July 13, 1984.

KRS 405.510 Reciprocity

405.510. Reciprocity Persons holding earnings or real or personal property in Kentucky of obligors who owe child support shall honor valid orders of other states' courts to enforce child support obligations. Effective: July 15, 1988 History: Amended 1988 Ky. Acts ch. 411, sec. 28, effective July 15, 1988. -- Created 1984 Ky. Acts ch. 144, sec. 14, effective July 13, 1984.

KRS 405.520 Administrative regulations

405.520. Administrative regulations The Office of the Attorney General may promulgate administrative regulations to implement KRS 15.800 to 15.876, 403.215, 405.405 to 405.520, 405.991(2), and 530.050. The office may adopt regulations necessary to prevent conflict with federal laws and regulations or the loss of federal funds and to establish procedures necessary to guarantee due process of law. Effective: July 1, 2025 History: Amended 2023 Ky. Acts ch. 124, sec. 58, effective July 1, 2025. -- Amended 1988 Ky. Acts ch. 411, sec. 29, effective July 15, 1988. -- Created 1984 Ky. Acts ch. 144, sec. 15, effective July 13, 1984.

KRS 405.530 Renumbered as KRS 405.991(2)

KRS 405.990 Repealed, effective January 1, 1975

405.990. Repealed, effective January 1, 1975 Catchline at repeal: Penalties. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Repealed in part 1958 Ky. Acts ch. 126, sec. 40. -- Repealed in part 1946 Ky. Acts ch. 245, sec. 14. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 328, 329, 330, 331b-15, 331f.

KRS 405.991 Penalties

405.991. Penalties (1) Any person or corporation violating the provisions of KRS 405.465 or 405.467 shall be fined not more than five hundred dollars ($500) or be imprisoned in the county jail for not more than one (1) year, or both. (2) A person who violates KRS 405.490(2) shall pay the Office of the Attorney General the value of the property ordered to be held or the delinquent child support, whichever is less, plus interest at the legal rate for judgments, court costs, and reasonable attorney's fees. (3) A person who violates KRS 405.430(12) shall be guilty of a Class A misdemeanor and, in addition to any other penalties provided by law, shall be responsible for payment of any difference between the amount of child support calculated using the correct information and the prior calculation using the false information. Effective: July 1, 2025 History: Amended 2025 Ky. Acts ch. 59, sec. 15, effective July 1, 2025. -- Amended 1998 Ky. Acts ch. 255, sec. 51, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 365, sec. 11, effectiv e July 15, 1996. -- Amended 1994 Ky. Acts ch. 330, sec. 16, effective July 15, 1994. -- Amended 1986 Ky. Acts ch. 487, sec. 18, effective July 15, 1986. -- Created 1984 Ky. Acts ch. 144, sec. 16, effective July 13, 1984. Subsection (2) formerly codified as KRS 405.530.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39225Fetched: 10/20/2026