403.213 Criteria for modification of orders for child support and for health care --
713 words·~3 min read·
/ky/403-213A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effects of emancipation and death of obligated parent -- Commission to review
guidelines.
(1)The Kentucky child support guidelines may be used by the parent, custodian, or
agency substantially contributing to the support of the child as the basis for periodic
updates of child support obligations and for modification of child support orders for
health care. The provisions of any decree respecting child support may be modified
only as to installments accruing subsequent to the filing of the motion for
modification and only upon a showing of a material change in circumstances that is
substantial and continuing.
(2)Application of the Kentucky child support guidelines to the circumstances of the
parties at the time of the filing of a motion or petition for modification of the child
support order which results in equal to or greater than a fifteen percent (15%)
change in the amount of support due per month shall be rebuttably presumed to be a
material change in circumstances. Application which results in less than a fifteen
percent (15%) change in the amount of support due per month shall be rebuttably
presumed not to be a material change in circumstances. For the one
(1)year period
immediately following enactment of this statute, the presumption of material change
shall be a twenty-five percent (25%) change in the amount of child support due
rather than the fifteen percent (15%) stated above.
(3)Unless otherwise agreed in writing or expressly provided in the decree, provisions
for the support of a child shall be terminated by emancipation of the child unless the
child is a high school student when he reaches the age of eighteen (18). In cases
where the child becomes emancipated because of age, but not due to marriage,
while still a high school student, the court-ordered support shall continue while the
child is a high school student, but not beyond completion of the school year during
which the child reaches the age of nineteen
(19)years. Provisions for the support of
the child shall not be terminated by the death of a parent obligated to support the
child. If a parent obligated to pay support dies, the amount of support may be
modified, revoked, or commuted to a lump-sum payment, to the extent just and
appropriate in the circumstances. Emancipation of the child shall not terminate the
obligation of child support arrearages that accrued while the child was an
unemancipated minor.
(4)The child support guidelines table shall be reviewed at least once every four
years by a commission consisting of the following persons:
(a)The secretary of the Cabinet for Health and Family Services or a supervisory
staff person designated by him;
(b)Two
(2)members of the Kentucky Bar Association who have at least six
consecutive years' experience and are presently practicing domestic relations
cases, one
(1)member from a metropolitan or large urban area and one
member from a less populated area;
(c)Two
(2)Circuit Judges appointed by the Chief Justice of the Kentucky
Supreme Court, one
(1)from a metropolitan or large urban area, and one
from a less populated area;
(d)One
(1)District Judge appointed by the Chief Justice of the Kentucky
Supreme Court;
(e)Two
(2)county attorneys appointed by the president of the County Attorneys
Association, one
(1)from a metropolitan or large urban area and one
(1)from
a less populated area;
(f)The Attorney General or his designee, who shall be an attorney from his
office;
(g)One
(1)person who is a custodial parent;
(h)One
(1)person who is a noncustodial parent;
(i)One
(1)person who is a parent with split custody; and
(j)One
(1)child advocate.
The members designated in paragraphs
(g)to
(j)of this subsection shall be
appointed by the Governor from a list of three
(3)names for each category
submitted by the Cabinet for Health and Family Services. If the status of one
(1)of
these members changes, the member shall be replaced through appointment by the
Governor from a list of three
(3)names submitted by the cabinet.
(5)The commission shall make a recommendation to the Kentucky General Assembly
to ensure that the child support guidelines table results in a determination of
appropriate child support amounts.