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: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 625, effective June 20, 2005. -- Amended
2001 Ky. Acts ch. 161, sec. 1, effective March 21, 2001. -- Amended 2000 Ky. Acts
ch. 430, sec. 10, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec.
580, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 330, sec. 12, effective
July 15, 1994. – Amended 1992 Ky. Acts ch. 434, sec. 3, effective July 14, 1992. --
Created 1990 Ky. Acts ch. 418, sec. 4, effective July 13, 1990.
Notes of Decisions
Dudgeon v. Dudgeon (2010)
kyctapp · cites it 24×
“3 KRS 403.213 reads, in part: (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…”
Commonwealth, Cabinet for Health & Family Services v. Ivy (2011)
ky · cites it 4×
“First, under KRS 403.213, a "substantial and continuing change" in the parties' incomes, expenses, or other material circumstances could necessitate a recalculation of their support obligations under the guidelines.”
Wilson v. Inglis (2018)
kyctapp · cites it 7×
“Therein, the court found that Inglis had demonstrated a change in circumstances that was material, substantial, and continuing as required by KRS 403.213. The family court further noted, This Court must take into consideration the very high income of Father and look at the style…”
Holland v. Holland (2009)
kyctapp · cites it 4×
“KRS 403.213 governs the modification of child support orders.”
Tilley v. Tilley (1997)
kyctapp · cites it 6×
“211, KRS 403.213 provides a rebut-table presumption which is applicable to all proceedings to modify child support.”
Clary v. Clary (2001)
kyctapp · cites it 6×
“Under *574 KRS 403.213, a 15% change in the amount of child support due creates a rebuttable presumption of a substantial change of circumstances.”
Van Meter v. Smith (2000)
kyctapp · cites it 3×
“As are most other aspects of domestic relations law, the establishment, modification, and enforcement of child support are prescribed in their general contours by statute and are largely left, within the statutory parameters, to the sound discretion of the trial court.”
Thompson v. Thompson (2005)
ky · cites it 8×
“160 but failed to take account of KRS 403.213. In effect, the Court of Appeals' view disregarded the December 1999 DVO which provided for temporary child support.”
Goldsmith v. Bennett-Goldsmith (2007)
kyctapp · cites it 5×
“However, he has failed to understand the importance of KRS 403.213. Under KRS 403.213, the party filing a motion for modification must show a material change in circumstances that is substantial and continuing.”
Downing v. Downing (2001)
kyctapp
“Based upon the total circumstances and the financial information provided at the hearing, the DRC concluded that Donald’s reduced income was not a “substantial and continuing change” which would justify a reduction in his child support obligation under KRS 403.213. 5 The trial…”
Leathers v. Ratliff (1996)
kyctapp · cites it 6×
“Application of KRS 403.213 does not, in our opinion, violate KRS 446.”
Wiegand v. Wiegand (1993)
kyctapp · cites it 5×
“Further, KRS 403.213 provides in pertinent part that: (1) The Kentucky child support guidelines may be used by the parent .”
— Ky. Rev. Stat. § 403.213(1) — 49 cases
Wilson v. Inglis (2018)
kyctapp
“Therein, the court found that Inglis had demonstrated a change in circumstances that was material, substantial, and continuing as required by KRS 403.213. The family court further noted, This Court must take into consideration the very high income of Father and look at the style…”
Holland v. Holland (2009)
kyctapp
“KRS 403.213 governs the modification of child support orders.”
Dudgeon v. Dudgeon (2010)
kyctapp
“3 KRS 403.213 reads, in part: (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…”
Van Meter v. Smith (2000)
kyctapp
“As are most other aspects of domestic relations law, the establishment, modification, and enforcement of child support are prescribed in their general contours by statute and are largely left, within the statutory parameters, to the sound discretion of the trial court.”
Clary v. Clary (2001)
kyctapp
“Under *574 KRS 403.213, a 15% change in the amount of child support due creates a rebuttable presumption of a substantial change of circumstances.”
— Ky. Rev. Stat. § 403.213(2) — 24 cases
Dudgeon v. Dudgeon (2010)
kyctapp
“3 KRS 403.213 reads, in part: (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…”
Wilson v. Inglis (2018)
kyctapp
“Therein, the court found that Inglis had demonstrated a change in circumstances that was material, substantial, and continuing as required by KRS 403.213. The family court further noted, This Court must take into consideration the very high income of Father and look at the style…”
Tilley v. Tilley (1997)
kyctapp
“211, KRS 403.213 provides a rebut-table presumption which is applicable to all proceedings to modify child support.”
— Ky. Rev. Stat. § 403.213(3) — 18 cases
— Ky. Rev. Stat. § 403.213(3)(e) — 1 case
— Ky. Rev. Stat. § 403.213(4) — 2 cases
— Ky. Rev. Stat. § 403.213(5) — 3 cases
Wiegand v. Wiegand (1993)
kyctapp
“Further, KRS 403.213 provides in pertinent part that: (1) The Kentucky child support guidelines may be used by the parent .”
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