403.160 Temporary orders -- Maintenance, child support, injunction -- Disclosure
597 words·~3 min read·
/ky/403-160A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
of information on domestic violence or child abuse.
(1)In a proceeding for dissolution of marriage or for legal separation, or in a
proceeding for disposition of property or for maintenance or support following
dissolution of the marriage by a court which lacked personal jurisdiction over the
absent spouse, either party may move for temporary maintenance. The motion shall
be accompanied by an affidavit setting forth the factual basis for the motion and the
amounts requested.
(a)In a proceeding for dissolution of marriage, legal separation, or child support,
either party, with notice to the opposing party, may move for temporary child
support. The motion shall be accompanied by an affidavit setting forth the
number of children of the marriage and the information required to calculate
the combined adjusted parental gross income set forth in KRS 403.212, and
the Social Security numbers, provided in accordance with KRS 403.135, of all
parties subject to the motion. The court shall, within fourteen
(14)days from
the filing of said motion, order an amount of temporary child support based
upon the child support guidelines as provided by law, and the ordered child
support shall be retroactive to the date of the filing of the motion unless
otherwise ordered by the court.
(b)Upon a showing of good cause, either party may move the court to enter an
order for temporary child support without written or oral notice to the adverse
party. After reviewing the affidavit required by paragraph
(a)of this
subsection, the court may issue a temporary child support order based upon
the child support guidelines. The order shall provide that the order becomes
effective seven
(7)days following service of the order and movant's affidavit
upon the adverse party unless the adverse party, within the seven
(7)day
period, files a motion for a hearing before the court. The motion for hearing
shall be accompanied by the affidavit required by paragraph
(a)of this
subsection. Pending the hearing, the adverse party shall pay child support in
an amount based upon the guidelines and the adverse party's affidavit. The
child support order entered following the hearing shall be retroactive to the
date of the filing of the motion for temporary support unless otherwise ordered
by the court.
(3)As part of a motion for temporary maintenance or support or by independent motion
accompanied by affidavit, either party may request the court to issue a temporary
injunction or restraining order pursuant to the Rules of Civil Procedure.
(4)If the court or agent of the court is made aware that there is reasonable evidence of
domestic violence or child abuse, the court shall determine whether disclosure to
any other person of the information could be harmful to the parent or child, and if
the court determines that disclosure to any person could be harmful, the court and
its agents shall not make the disclosure.
(5)On the basis of the showing made and in conformity with KRS 403.200, the court
may issue a temporary injunction or restraining order and an order for temporary
maintenance in amounts and on terms just and proper in the circumstances.
(6)A temporary order or temporary injunction:
(a)Does not prejudice the rights of the parties or the child which are to be
adjudicated at subsequent hearings in the proceeding;
(b)May be revoked or modified before final decree on a showing of the facts
necessary to revocation or modification under the circumstances; and
(c)Terminates when the final decree is entered or when the petition for
dissolution or legal separation is voluntarily dismissed.