405.430 Genetic testing to establish paternity -- Office may determine child support
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/ky/405-430A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 of 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 alleged 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, the 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 the 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 shall 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 obligation 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 awarded 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.