406.025 Rebuttable presumption of voluntary acknowledgment-of-paternity

435 words·~2 min read·/ky/406-025

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

affidavit -- Temporary support order if paternity is indicated -- Continuation

of child support until final determination of paternity.

(1)Upon completion of a signed, notarized, voluntary acknowledgment-of-paternity

affidavit by the mother and alleged father, obtained through the hospital-based

paternity program, and submitted to the state registrar of vital statistics, paternity

shall be rebuttably presumed for the earlier of sixty

(60)days or the date of an

administrative or judicial proceeding relating to the child, including a proceeding to

establish a child support order.

(2)Upon completion of a signed, notarized, voluntary acknowledgment-of-paternity

affidavit by the mother and alleged father obtained outside of the hospital and

submitted to the state registrar of vital statistics, paternity shall be rebuttably

presumed for the earlier of sixty

(60)days or the date of an administrative or

judicial proceeding relating to the child, including a proceeding to establish a child

support order following the date of signatures on the notarized affidavit.

(3)Pending an administrative or judicial determination of parentage, or upon a signed,

notarized, voluntary acknowledgment-of-paternity form having been transmitted by

the local registrar and received by the Vital Statistics Branch, a temporary support

order shall be issued upon motion of any party if paternity is indicated by genetic

testing or other clear and convincing evidence.

(4)The motion shall be accompanied by an affidavit setting forth the factual basis for

the motion and the amounts requested.

(5)The court shall, within fourteen

(14)days from the filing of the motion, order an

amount of temporary child support based upon the child support guidelines as

provided by KRS 403.212 or 403.2122. The ordered child support shall be

retroactive to the date of the filing of the motion to move the court to enter an order

for temporary child support without written or oral notice to the adverse party. 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

KRS 403.160(2)(a). 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.

(6)Unless good cause is shown, court or administratively ordered child support shall

continue until final judicial or administrative determination of paternity.