Kentucky Statutes 407.5401 – Petition to establish support order
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(1) If a support order entitled to recognition under KRS § 407.5101 to KRS § 407.5902 has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:
(a) The individual seeking the order resides outside this state; or
(b) The support enforcement agency seeking the order is located outside this state. (2) The tribunal may issue a temporary child support order if the tribunal determines
that such an order is appropriate and the individual ordered to pay is:
(a) A presumed father of the child;
(b) Petitioning to have his paternity adjudicated;
(c) Identified as the father of the child through genetic testing;
(d) An alleged father who has declined to submit to genetic testing;
(e) Shown by clear and convincing evidence to be the father of the child; (f) An acknowledged father as provided by KRS § 213.046;
(g) The mother of the child; or
(h) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.
(3) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to KRS § 407.5305.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 18, sec. 31, effective June 24, 2015. — Contingent effective date repealed 1998 Ky. Acts ch. 101, sec. 20, effective March 23, 1998. — Created 1996 Ky. Acts ch. 365, sec. 43, effective upon contingency.
(a) The individual seeking the order resides outside this state; or
Terms Used In Kentucky Statutes 407.5401
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(b) The support enforcement agency seeking the order is located outside this state. (2) The tribunal may issue a temporary child support order if the tribunal determines
that such an order is appropriate and the individual ordered to pay is:
(a) A presumed father of the child;
(b) Petitioning to have his paternity adjudicated;
(c) Identified as the father of the child through genetic testing;
(d) An alleged father who has declined to submit to genetic testing;
(e) Shown by clear and convincing evidence to be the father of the child; (f) An acknowledged father as provided by KRS § 213.046;
(g) The mother of the child; or
(h) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.
(3) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to KRS § 407.5305.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 18, sec. 31, effective June 24, 2015. — Contingent effective date repealed 1998 Ky. Acts ch. 101, sec. 20, effective March 23, 1998. — Created 1996 Ky. Acts ch. 365, sec. 43, effective upon contingency.