UNOFFICIAL COPY AS OF 01/01/1903 REG. SESS.03 RS BR 40

AN ACT relating to child support.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

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BR004000.100-40

UNOFFICIAL COPY AS OF 01/01/1903 REG. SESS.03 RS BR 40

SECTION 1. A NEW SECTION OF KRS CHAPTER 405 IS CREATED TO READ AS FOLLOWS:

(1)Any person who receives funds from another person for the support of a child in his or her care is a fiduciary with respect to those funds and may be ordered by the court with jurisdiction over the matter to account for all receipts and disbursements from those funds upon application to the court with good cause shown by any payor.

(2)An application filed for such an accounting shall state with particularity the reasons why it is being sought and the basis for believing that such an accounting is necessary.

(3)The court may dismiss any application for an accounting if the application does not show good cause why such an accounting should be ordered, and the court shall order that all costs and reasonable attorney's fees incurred by the fiduciary in his or her defense be paid by the unsuccessful applicant. If an accounting is granted by the court, then it may equitably apportion the costs, including reasonable attorney's fees, of the action among the parties to the proceeding after taking into account the legal and factual basis for the action, the results obtained, and the financial resources of the parties.

Section 2. KRS 405.405 is amended to read as follows:

The definitions provided in KRS 205.710 shall be applicable to KRS 405.430 to 405.520 and KRS 405.991(2)[405.530], unless the context requires otherwise.

Section 3. KRS 405.520 is amended to read as follows:

The cabinet may promulgate administrative regulations to implement the provisions of KRS 205.715 to 205.800, 403.215, 405.405 to 405.520, 405.991(2), and 530.050. The cabinet may also promulgate administrative[adopt] regulations necessary to prevent conflict with federal laws and regulations, to prevent[or] the loss of federal funds, and to establish procedures necessary to guarantee due process of law.

Section 4. KRS 205.713 is amended to read as follows:

All forms, child support orders, wage withholding orders, or orders amending an existing child support or wage withholding order, entered in any case in Circuit Court, District Court, or family court that require entry into the state case registry under KRS 205.712(3) shall be entered on forms adopted by the Administrative Office of the Courts after consultation with the cabinet[ for Families and Children]. If the provisions of a child support order are contained in an order that is narrative in nature, then the adopted forms shall be used in addition to the narrative order.

Section 5. KRS 205.770 is amended to read as follows:

(1)If a child is receiving services under Part D of Title IV of the Social Security Act and the cabinet has taken action under the provisions of KRS 205.715 to 205.800, 403.215, 405.405 to 405.520, 405.991(2),[405.530] and 530.050 to obtain support on behalf of the child, then matters concerning custody of the child and visitation rights of the parents shall not be used by either parent as a reason not to pay child support to the cabinet.

(2)Upon a determination by the cabinet that such would be in the best interest of the child, the cabinet may petition a Circuit Court of proper jurisdiction in the name of the child to make a determination of child custody and visitation rights of a parent.

Section 6. KRS 205.790 is amended to read as follows:

The procedures, actions, and remedies provided for in KRS 205.710 to 205.800, 403.215, 405.405 to 405.520, 405.991(2),[405.530], and 530.050 shall be in addition to and not in substitution of other proceedings provided by law.

Section 7. KRS 205.792 is amended to read as follows:

In addition to the procedures for judicial determination, and enforcement of support obligations described in KRS 205.710 through 205.800, the cabinet may employ administrative process, as described in KRS 405.405 to 405.520 and KRS 405.991(2)[405.400 to 405.991] to determine and enforce support obligations when paternity is not in question.

Section 8. The following KRS section is repealed:

205.802Standardized forms for entry into state case registry.

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BR004000.100-40