403.090 Friend of the court -- Appointment -- Tenure -- Duties -- Wage
1,044 words·~5 min read·
/ky/403-090A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
withholding collections -- Compensation.
(1)The fiscal court of any county may, by resolution, authorize the appointment of a
"friend of the court." If the Circuit Court of the county has but one
(1)judge, the
appointment shall be made by the judge. If the court has two
(2)or more judges, the
appointment shall be made by joint action of the judges, at the general term. The
person appointed to the office of friend of the court shall serve at the pleasure of,
and subject to removal by, the appointing authority. The person appointed shall be a
licensed practicing attorney. The appointed person shall take the constitutional oath
of office and shall give bond in such sum as may be fixed by the appointing judge
or judges.
(2)Except for those cases administered pursuant to 42 U.S.C. sec. 651 et seq., it shall
be the duty of the friend of the court to supervise and enforce the payment of sums
ordered or adjudged by the Circuit Court in divorce actions to be paid for the care
and maintenance of minor children. All persons who have been ordered or adjudged
by the court, in connection with divorce actions, to make payments for the care and
maintenance of children, shall, if so ordered by the court, make such payments to
the friend of the court. The friend of the court shall see that the payments, except
for those cases administered pursuant to 42 U.S.C. sec. 651 et seq., are properly
applied in accordance with the order or judgment. However, if the court so directs,
the payments may be made through the juvenile session of District Court of the
county; in such case the friend of the court shall render such assistance as may be
required in keeping records concerning such payments and in the enforcement of
delinquent payments, and the Circuit Court may direct that a designated amount or
portion of the funds appropriated by the fiscal court for expenses of the friend of the
court be paid to the juvenile session of District Court as reimbursement for the
expenses incurred by the juvenile session of District Court in connection with the
handling of such payments. The friend of the court shall promptly investigate all
cases where payments have become delinquent, and when necessary shall cause the
delinquent person to be brought before the court for the purpose of compelling
payment. The friend of the court shall ascertain the facts concerning the care,
custody, and maintenance of children for whom payments are being made, and shall
report to the court all cases in which the children are not receiving proper care or
maintenance, or in which the person having custody is failing to furnish proper
custody. He shall make such other reports to the court as the court may require.
(3)In the event that a waiver is granted under 42 U.S.C. sec. 651 et seq., allowing
payment of wage withholding collections to be directed to the friend of the court, an
obligor shall be given the option of payment either to the friend of the court or the
centralized collection agency.
(4)In any action for divorce where the parties have minor children, the friend of the
court, if requested by the trial judge, shall make such investigation as will enable
the friend of the court to ascertain all facts and circumstances that will affect the
rights and interests of the children and will enable the court to enter just and proper
orders and judgment concerning the care, custody, and maintenance of the children.
The friend of the court shall make a report to the trial judge, at a time fixed by the
judge, setting forth recommendations as to the care, custody, and maintenance of
the children. The friend of the court may request the court to postpone the final
submission of any case to give the friend of the court a reasonable time in which to
complete the investigation.
(5)The friend of the court shall have authority to secure the issuance by the court of
any order, rule, or citation necessary for the proper enforcement of orders and
judgments in divorce actions concerning the custody, care, and maintenance of
children. In performing duties under subsection
(4)of this section the friend of the
court shall attend the taking of depositions within the county, and shall have
authority to cross-examine the witnesses. In the case of depositions taken on
interrogatories, the friend of the court may file cross-interrogatories. The friend of
the court shall be duly notified of the time and place of the taking of depositions in
all divorce actions where the parties have minor children, and shall attend the taking
of all such depositions when the friend of the court deems it necessary for the
protection of the minor children, or when the friend of the court may be directed by
the court to attend.
(6)The friend of the court shall not directly or indirectly represent any party to a
divorce action except as herein authorized to represent the minor children of parties
to a divorce action, but if an allowance is made for the support of a spouse and an
infant child or children, may proceed to enforce the payment of the allowance made
to the spouse also.
(7)Where a friend of the court is acting as a designee of the Office of the Attorney
General pursuant to KRS 15.802 and an applicant for Title IV-D services pursuant
to KRS 15.810 has requested a modification of an existing child support order
pursuant to a divorce or other judicial order, the friend of the court shall seek the
modification, providing all jurisdictional requirements are met. The friend of the
court's representation shall extend only for the limited purpose of seeking a
modification of an existing child support order consistent with the provisions of
KRS 403.212 or 403.2122.
(8)The fiscal court of any county which has authorized the appointment of a friend of
the court under this section shall, by resolution, fix a reasonable compensation for
the friend of the court and make a reasonable allowance for necessary expenses,
equipment, and supplies, payable out of the general fund of the county, upon
approval of the appointing judge or judges.