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Glossary of Family Law Terms
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Kentucky Revised
Statutes
Divorce Law
403.140 Marriage -- Court may enter decree of dissolution
or separation.
(1) The Circuit Court shall enter a decree of
dissolution of marriage if:
(a) The court finds that one (1) of the parties, at the time the action was
commenced, resided in this state, or was stationed in this state while a
member of the armed services, and that the residence or military presence
has been maintained for 180 days next preceding the filing of the petition;
(b) The court finds that the conciliation provisions of KRS 403.170 either
do not apply or have been met;
(c) The court finds that the marriage is irretrievably broken; and
(d) To the extent it has jurisdiction to do so, the court has considered,
approved or made provision for child custody, the support of any child of
the marriage entitled to support, the maintenance of either spouse, and the
disposition of property.
(2) If a party requests a decree of legal separation rather than a decree of
dissolution of marriage, the court shall grant the decree in that form
unless the other party objects, in which latter event the other provisions
of this chapter shall apply.
History: Created 1972 Ky. Acts ch. 182, sec. 4.
...For further
information, please refer to the Kentucky Revised Statutes - Title 35
Marriage and Living Together Law
Kentucky
Marriage License Law
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Child Support
403.210 Recognition of "Family Support Act of 1988" mandate.
The General Assembly
recognizes that under the federal "Family Support Act of 1988," P.L.
100-485, the Commonwealth of Kentucky is required to implement child support
guidelines.
Effective: July 13, 1990
History: Repealed and reenacted 1990 Ky. Acts ch. 418, sec. 1,
effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 258, sec. 7, effective
July 15, 1988. -- Created 1972 Ky. Acts ch. 182, sec. 11.
403.212
Child support guidelines -- Terms to be applied in calculations -- Table.
(1) The following provisions and
child support table shall be the child support guidelines established for
the Commonwealth of Kentucky.
(2) For the purposes of the child support guidelines:
(a) "Income" means actual gross income of the parent if employed to full
capacity or potential income if unemployed or underemployed.
(b) "Gross income" includes income from any source, except as excluded in
this subsection, and includes but is not limited to income from salaries,
wages, retirement and pension funds, commissions, bonuses, dividends,
severance pay, pensions, interest, trust income, annuities, capital gains,
Social Security benefits, workers' compensation benefits, unemployment
insurance benefits, disability insurance benefits, Supplemental Security
Income (SSI), gifts, prizes, and alimony or maintenance received.
Specifically excluded are benefits received from means-tested public
assistance programs, including but not limited to public assistance as
defined under Title IV-A of the Federal Social Security Act, and food
stamps.
(c) For income from self-employment, rent, royalties, proprietorship of a
business, or joint ownership of a partnership or closely held corporation,
"gross income" means gross receipts minus ordinary and necessary expenses
required for self-employment or business operation. Straight-line
depreciation, using Internal Revenue Service (IRS) guidelines, shall be the
only allowable method of calculating depreciation expense in determining
gross income. Specifically excluded from ordinary and necessary expenses
for purposes of this guideline shall be investment tax credits or any other
business expenses inappropriate for determining gross income for purposes of
calculating child support. Income and expenses from self-employment or
operation of a business shall be carefully reviewed to determine an
appropriate level of gross income available to the parent to satisfy a child
support obligation. In most cases, this amount will differ from a
determination of business income for tax purposes. Expense reimbursement or
in-kind payments received by a parent in the course of employment,
self-employment, or operation of a business or personal use of business
property or payments of expenses by a business, shall be counted as income
if they are significant and reduce personal living expenses such as a
company or business car, free housing, reimbursed meals, or club dues.
(d) If a parent is voluntarily unemployed or underemployed, child support
shall be calculated based on a determination of potential income, except
that a determination of potential income shall not be made for a parent who
is physically or mentally incapacitated or is caring for a very young
child, age three (3) or younger, for whom the parents owe a joint legal
responsibility. Potential income shall be determined based upon employment
potential and probable earnings level based on the obligor's or obligee's
recent work history, occupational qualifications, and prevailing job
opportunities and earnings levels in the community. A court may find a
parent to be voluntarily unemployed or underemployed without finding that
the parent intended to avoid or reduce the child support obligation.
(e) "Imputed child support obligation" means the amount of child support the
parent would be required to pay from application of the child support
guidelines.
(f) Income statements of the parents shall be verified by documentation of
both current and past income. Suitable documentation shall include, but
shall not be limited to, income tax returns, paystubs, employer statements,
or receipts and expenses if self-employed.
(g) "Combined monthly adjusted parental gross income" means the combined
monthly gross incomes of both parents, less any of the following payments
made by the parent:
1. The amount of pre-existing orders for current maintenance for prior
spouses to the extent payment is actually made and the amount of current
maintenance, if any, ordered paid in the proceeding before the court;
2. The amount of pre-existing orders of current child support for prior-born
children to the extent payment is actually made under those orders; and
3. A deduction for the support to the extent payment is made, if a parent is
legally responsible for and is actually providing support for other
priorborn children who are not the subject of a particular proceeding. If
the prior-born children reside with that parent, an "imputed child support
obligation" shall be allowed in the amount which would result from
application of the guidelines for the support of the prior-born children.
(h) "Split custody arrangement" means a situation where each parent is the
residential custodian for one (1) or more children for whom the parents
share a joint legal responsibility.
(3) The child support obligation set forth in the child support guidelines
table shall be divided between the parents in proportion to their combined
monthly adjusted parental gross income.
(4) The child support obligation shall be the appropriate amount for the
number of children in the table for whom the parents share a joint legal
responsibility. The minimum amount of child support shall be sixty dollars
($60) per month.
(5) The court may use its judicial discretion in determining child support
in circumstances where combined adjusted parental gross income exceeds the
uppermost levels of the guideline table.
(6) The child support obligation in a split custody arrangement shall be
calculated in the following manner:
(a) Two (2) separate child support obligation worksheets shall be prepared,
one (1) for each household, using the number of children born of the
relationship in each separate household, rather than the total number of
children born of the relationship.
(b) The nonresidential custodian with the greater monthly obligation amount
shall pay the difference between the obligation amounts, as determined by
the worksheets, to the other parent.
(7) The child support
guidelines table is as follows:
...For further
information, please refer to the Kentucky Revised Statutes - Title 35
Effective:
July 14, 2000
History:
Amended 2000 Ky. Acts ch. 430, sec. 9, effective July 14, 2000. -- Amended
1998 Ky. Acts ch. 100, sec. 8, effective July 15, 1998; and ch. 255, sec.
20, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 365, sec. 6,
effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 330, sec. 11,
effective July 15, 1994. -- Created 1990 Ky. Acts ch. 418, sec. 3, effective
July 13, 1990.
Kentucky
Interactive Child Support Calculator - by AllLaw.com
Calculating Child
Support Obligations
Child Support in Kentucky Questions and Answers
Child Support Explained
Kentucky Child Support Enforcement
Commission
Kentucky Division of
Child Support
Child Custody and Visitation Law
403.270 Custodial issues --
Best interests of child shall determine -- Joint custody
permitted -- De facto
custodian.
(1) (a) As used in this
chapter and KRS 405.020, unless the context requires otherwise, "de facto
custodian" means a person who has been shown by clear and convincing
evidence to have been the primary caregiver for, and financial supporter of,
a child who has resided with the person for a period of six (6) months or
more if the child is under three (3) years of age and for a period of one
(1) year or more if the child is three (3) years of age or older or has been
placed by the Department for Community Based Services. Any period of time
after a legal proceeding has been commenced by a parent seeking to regain
custody of the child shall not be included in determining whether the child
has resided with the person for the required minimum period.
(b) A person shall not be a de facto custodian until a court determines by
clear and convincing evidence that the person meets the definition of de
facto custodian established in paragraph (a) of this subsection. Once a
court determines that a person meets the definition of de facto custodian,
the court shall give the person the same standing in custody matters that is
given to each parent under this section and KRS 403.280, 403.340, 403.350,
403.822, and 405.020.
(2) The court shall determine custody in accordance with the best interests
of the child and equal consideration shall be given to each parent and to
any de facto custodian. The court shall consider all relevant factors
including:
(a) The wishes of the child's parent or parents, and any de facto custodian,
as to his custody;
(b) The wishes of the child as to his custodian;
(c) The interaction and interrelationship of the child with his parent or
parents, his siblings, and any other person who may significantly affect the
child's best interests;
(d) The child's adjustment to his home, school, and community;
(e) The mental and physical health of all individuals involved;
(f) Information, records, and evidence of domestic violence as defined in
KRS 403.720;
(g) The extent to which the child has been cared for, nurtured, and
supported by any de facto custodian;
(h) The intent of the parent or parents in placing the child with a de facto
custodian; and (i) The circumstances under which the child was placed or
allowed to remain in the custody of a de facto custodian, including whether
the parent now seeking custody was previously prevented from doing so as a
result of domestic violence as defined in KRS 403.720 and whether the child
was placed with a de facto custodian to allow the parent now seeking custody
to seek employment, work, or attend school.
(3) The court shall not consider conduct of a proposed custodian that does
not affect his relationship to the child. If domestic violence and abuse is
alleged, the court shall determine the extent to which the domestic violence
and abuse has affected the child and the child's relationship to both
parents.
(4) The abandonment of the family residence by a custodial party shall not
be considered where said party was physically harmed or was seriously
threatened with physical harm by his or her spouse, when such harm or threat
of harm was causally related to the abandonment.
(5) The court may grant joint custody to the child's parents, or to the
child's parents and a de facto custodian, if it is in the best interest of
the child.
(6) If the court grants custody to a de facto custodian, the de facto
custodian shall have legal custody under the laws of the Commonwealth.
Effective: July
13, 2004
History:
Amended 2004 Ky. Acts
ch. 133, sec. 42, effective July 13, 2004. – Amended 2000 Ky. Acts ch. 14,
sec. 51, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 250, sec. 1,
effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 169, sec. 2, effective
July 14, 1992. – Amended 1980 Ky. Acts ch. 158, sec. 1, effective July 15,
1980. -- Amended 1978 Ky. Acts ch. 86, sec. 1, effective June 17, 1978; and
ch. 369, sec. 1, effective June 17, 1978. -- Created 1972 Ky. Acts ch. 182,
sec. 17.
FAQ on Child Custody and Visitation
Child Custody Resources
Property Division
403.190 Disposition of property.
(1) In a
proceeding for dissolution of the marriage or for legal separation, or in a
proceeding for disposition of property following dissolution of the marriage
by a court which lacked personal jurisdiction over the absent spouse or
lacked jurisdiction to dispose of the property, the court shall assign each
spouse's property to him. It also shall divide the marital property without
regard to marital misconduct in just proportions considering all relevant
factors including:
(a) Contribution of each spouse to
acquisition of the marital property, including
contribution of a spouse as
homemaker;
(b) Value of the property set
apart to each spouse;
(c) Duration of the marriage; and
(d) Economic circumstances of each spouse when the division of property is
to become effective, including the desirability of awarding the family home
or the right to live therein for reasonable periods to the spouse having
custody of any
children.
(2) For the purpose of this
chapter, "marital property" means all property acquired by either spouse
subsequent to the marriage except:
(a) Property acquired by gift, bequest, devise, or descent during the
marriage and the income derived therefrom unless there are significant
activities of either spouse which contributed to the increase in value of
said property and the income earned therefrom;
(b) Property acquired in exchange for property acquired before the marriage
or in exchange for property acquired by gift, bequest, devise, or descent;
(c) Property acquired by a spouse after a decree of legal separation;
(d) Property excluded by valid agreement of the parties; and
(e) The increase in value of property acquired before the marriage to the
extent that such increase did not result from the efforts of the parties
during marriage.
(3) All property acquired by either spouse after the marriage and before a
decree of legal separation is presumed to be marital property, regardless of
whether title is held individually or by the spouses in some form of
co-ownership such as joint tenancy, tenancy in common, tenancy by the
entirety, and community property. The presumption of marital property is
overcome by a showing that the property was acquired by a method listed in
subsection (2) of this section.
(4) If the retirement benefits of one spouse are excepted from
classification as marital property, or not considered as an economic
circumstance during the division of marital property, then the retirement
benefits of the other spouse shall also be excepted, or not considered, as
the case may be. However, the level of exception provided to the spouse with
the greater retirement benefit shall not exceed the level of exception
provided to the other spouse. Retirement benefits, for the purposes of this
subsection shall include retirement or disability allowances, accumulated
contributions, or any other benefit of a retirement system or plan regulated
by the Employees Retirement Income Security Act of 1974, or of a public
retirement system administered by an agency of a state or local government,
including deferred compensation plans created pursuant to KRS 18A.230 to
18A.275 or defined contribution or money purchase plans qualified under
Section 401(a) of the Internal
Revenue Code of 1954, as amended.
Effective: July
15, 1996
History:
Amended 1996 Ky. Acts
ch. 328, secs. 1 and 2, effective July 15, 1996. --
Amended 1986 Ky. Acts ch. 441, sec. 1, effective July 15, 1986. -- Created
1972 Ky.
Acts ch. 182, sec. 9.
Legislative
Research Commission Note
(7/15/96). This section
was amended by 1996
Ky. Acts ch. 328, secs. 1 and 2 which do not appear to be in conflict and
have been codified together.
...For further
information, please refer to the Kentucky Revised Statutes - Title 35
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