Kentucky Paternity Law
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Kentucky Paternity Law: KRS 406
406.011 Obligations of father — Presumption of paternity
The father of a child which is or may be born out of wedlock is liable to the same extent as the father of a child born in wedlock, whether or not the child is born alive, for the reasonable expense of the mother’s pregnancy and confinement and for the education, necessary support and funeral expenses of the child. A child born during lawful wedlock, or within ten (10) months thereafter, is presumed to be the child of the husband and wife. However, a child born out of wedlock includes a child born to a married woman by a man other than her husband where evidence shows that the marital relationship between the husband and wife ceased ten (10) months prior to the birth of the child. History: Amended 1972 Ky. Acts ch. 159, sec. 1. — Created 1964 Ky. Acts ch. 37, sec.
406.021 Determination of paternity — Liability of noncustodial parent
(1) Paternity may be determined upon the complaint of the mother, putative father, child, person, or agency substantially contributing to the support of the child. The action shall be brought by the county attorney or by the Cabinet for Health and Family Services or its designee upon the request of complainant authorized by this section.
(2) Paternity may be determined by the District Court when the mother and father of the child, either:
(a) Submit affidavits in which the mother states the name and Social Security number of the child’s father and the father admits paternity of the child; or
(b) Give testimony before the District Court in which the mother states the name and Social Security number of the child’s father and the father admits paternity of the child.
(3) If paternity has been determined or has been acknowledged according to the laws of this state, the liabilities of the noncustodial parent may be enforced in the same or other proceedings by the mother, child, person, or agency substantially contributing to the cost of pregnancy, confinement, education, necessary support, or funeral expenses. Bills for testing, pregnancy, and childbirth without requiring third party foundation testimony shall be regarded as prima facie evidence of the amount incurred. An action to enforce the liabilities of the noncustodial parent shall be brought by the county attorney upon the request of such complainant authorized by this section. An action to enforce the liabilities of the cost of pregnancy, birthing costs, child support, and medical support shall be brought by the county attorney or by the Cabinet for Health and Family Services or its designee.
(4) Voluntary acknowledgment of paternity pursuant to KRS 213.046 shall create a rebuttable presumption of paternity.
(5) Upon a showing of service of process on the defendant and if the defendant has made no pleading to the court or has not moved to enter evidence pursuant to KRS 406.091, the court shall order paternity to be established by default.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 636, effective June 20, 2005; and ch. 149, sec. 2, effective June 20, 2005. — Amended 1998 Ky. Acts ch. 255, sec. 26, effective July 15, 1998; and ch. 426, sec. 587, effective July 15, 1998. — Amended 1994 Ky. Acts ch. 330, sec. 17, effective July 15, 1994. — Amended 1990 Ky. Acts ch. 272, sec. 1, effective July 13, 1990. — Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 410, effective January 2, 1978. — Amended 1972 Ky. Acts ch. 159, sec. 2. — Amended 1968 Ky. Acts ch. 200, sec. 11. — Created 1964 Ky. Acts ch. 37, sec. 2.
Legislative Research Commission Note (6/20/2005). This section was amended by 2005 Ky. Acts chs. 99 and 149, which do not appear to be in conflict and have been codified together.
406.025 Rebuttable presumption of voluntary acknowledgment-of-paternity 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. 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.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 637, effective June 20, 2005. — Amended 1998 Ky. Acts ch. 255, sec. 27, effective July 15, 1998. — Created 1996 Ky. Acts ch. 365, sec. 12, effective July 15, 1996.
Required Probability of Paternity for Kentucky Courts: 98%
Required Paternity Index: None