Section 403.213 - Criteria for modification of orders for child support and for health care - Effects of emancipation and death of obligated parent - Commission to review guidelines(1) The Kentucky child support guidelines may be used by the parent, custodian, or agency substantially contributing to the support of the child as the basis for periodic updates of child support obligations and for modification of child support orders for health care. The provisions of any decree respecting child support may be modified only as to installments accruing subsequent to the filing of the motion for modification and only upon a showing of a material change in circumstances that is substantial and continuing.(2) Application of the Kentucky child support guidelines to the circumstances of the parties at the time of the filing of a motion or petition for modification of the child support order which results in equal to or greater than a fifteen percent (15%) change in the amount of support due per month shall be rebuttably presumed to be a material change in circumstances. Application which results in less than a fifteen percent (15%) change in the amount of support due per month shall be rebuttably presumed not to be a material change in circumstances. For the one (1) year period immediately following enactment of this statute, the presumption of material change shall be a twenty-five percent (25%) change in the amount of child support due rather than the fifteen percent (15%) stated above.(3) Unless otherwise agreed in writing or expressly provided in the decree, provisions for the support of a child shall be terminated by emancipation of the child unless the child is a high school student when he reaches the age of eighteen (18). In cases where the child becomes emancipated because of age, but not due to marriage, while still a high school student, the court-ordered support shall continue while the child is a high school student, but not beyond completion of the school year during which the child reaches the age of nineteen (19) years. Provisions for the support of the child shall not be terminated by the death of a parent obligated to support the child. If a parent obligated to pay support dies, the amount of support may be modified, revoked, or commuted to a lump-sum payment, to the extent just and appropriate in the circumstances. Emancipation of the child shall not terminate the obligation of child support arrearages that accrued while the child was an unemancipated minor.(4) The child support guidelines table shall be reviewed at least once every four (4) years by a commission consisting of the following persons: (a) The secretary of the Cabinet for Health and Family Services or a supervisory staff person designated by him;(b) Two (2) members of the Kentucky Bar Association who have at least six (6) consecutive years' experience and are presently practicing domestic relations cases, one (1) member from a metropolitan or large urban area and one (1) member from a less populated area;(c) Two (2) Circuit Judges appointed by the Chief Justice of the Kentucky Supreme Court, one (1) from a metropolitan or large urban area, and one (1) from a less populated area;(d) One (1) District Judge appointed by the Chief Justice of the Kentucky Supreme Court;(e) Two (2) county attorneys appointed by the president of the County Attorneys Association, one (1) from a metropolitan or large urban area and one (1) from a less populated area;(f) The Attorney General or his designee, who shall be an attorney from his office;(g) One (1) person who is a custodial parent; (h) One (1) person who is a noncustodial parent; (i) One (1) person who is a parent with split custody; and(j) One (1) child advocate. The members designated in paragraphs (g) to (j) of this subsection shall be appointed by the Governor from a list of three (3) names for each category submitted by the Cabinet for Health and Family Services. If the status of one (1) of these members changes, the member shall be replaced through appointment by the Governor from a list of three (3) names submitted by the cabinet.
(5) The commission shall make a recommendation to the Kentucky General Assembly to ensure that the child support guidelines table results in a determination of appropriate child support amounts.Effective:6/20/2005
Amended 2005, Ky. Acts ch. 99, sec. 625, effective6/20/2005. -- Amended 2001, Ky. Acts ch. 161, sec. 1, effective 3/21/2001. -- Amended 2000, Ky. Acts ch. 430, sec. 10, effective 7/14/2000. -- Amended 1998, Ky. Acts ch. 426, sec. 580, effective 7/15/1998. -- Amended 1994 Ky. Acts ch. 330, sec. 12, effective 7/15/1994. - Amended 1992 Ky. Acts ch. 434, sec. 3, effective 7/14/1992. -- Created 1990 Ky. Acts ch. 418, sec. 4, effective 7/13/1990.