-- Attorney's fees.
(1) If a party fails to comply with a provision of a decree or temporary order or
injunction, the obligation of the other party to make payments for support or
maintenance or to permit visitation is not suspended; but he may move the court to
grant an appropriate order.
(2) The failure of either party, without good cause, to comply with a provision of a
decree or temporary order or injunction, including a provision with respect to
visitation or child support shall constitute contempt of court, and the court shall
remedy the failure to comply.
(3) Good cause not to comply with a provision of a decree or temporary order or
injunction with respect to visitation shall include mutual consent of the parties,
reasonable belief by either party that there exists the possibility of endangerment to
the physical, mental, moral, or emotional health of the child, or endangerment to the
physical safety of either party, or extraordinary circumstances as determined by the
court.
(4) The court may, if no reasonable cause is found for denial of visitation, award
attorney's fees to the prevailing party.
Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 414, sec. 2, effective July 14, 1992. -- Amended
1980 Ky. Acts ch. 188, sec. 286, effective July 15, 1980. -- Created 1972 Ky. Acts
ch. 182, sec. 14.
Notes of Decisions
Cited in
25
cases (
18 in the last 5 years), 1987–2026 · leading case:
Mullins v. Picklesimer, 317 S.W.3d 569 (Ky. 2010).
Mullins v. Picklesimer, 317 S.W.3d 569 (Ky. 2010).
· cites it 4× “Prior to 2004, standing to bring a custody action was limited by KRS 403.240 to "a parent, a de facto custodian of the child, or a person other than a parent only if the child is not in the physical custody of one of the parents.”
Pennington v. Marcum, 266 S.W.3d 759 (Ky. 2008).
· cites it 2× “vant factors, including, but not limited to: (a) The interaction and interrelationship of the child with his parent or parents, his de facto custodian, his siblings, and any other person who may significantly affect the child's best interests; (b) The mental and physical health…”
Fenwick v. Fenwick, 114 S.W.3d 767 (Ky. 2003).
“factors, including, but not limited to: (a) The interaction and interrelationship of the child with his parent or parents, his de facto custodian, his siblings, and any other person who may significantly affect the child’s best interests; (b) The mental and physical health of…”
Coffey v. Wethington, 421 S.W.3d 394 (Ky. 2014).
· cites it 2× “Prior to 2004, standing to bring a custody action under the Uniform Child Custody Jurisdiction Act (UCCJA) was limited under KRS 403.240 to “a parent, a defacto custodian of the child, or a person other than a parent only if the child is not in the physical custody of one of the…”
Stevens v. Stevens, 729 S.W.2d 461 (Ky. Ct. App. 1987).
· cites it 3× “240 states as follows: If a party fails to comply with a provision of a decree or temporary order or injunction, the obligation of the other party to make payments for support or maintenance or to permit visitation is not suspended; but he may move the court to grant an…”
Gera v. Gera, 796 S.W.2d 13 (Ky. Ct. App. 1990).
“See also KRS 403.240. The fact that Patricia did not demand that Terrance make the payments is likewise no justification for the court’s judgment.”
Gaines v. Hagerty (W.D. Ky. 2022).
· cites it 2× “100(1)(b); Ky. Rev. Stat. § 403.240. Because Gaines’ allegations concern the defendant as a judge of the Kentucky Court of Justice, absolute immunity attaches ipso facto to all of Gaines’ claims.”
Brantley Dunaway v. Misti Madison Cork (Ky. Ct. App. 2021).
“Under KRS 403.240(2), the failure of a party to comply with a child support order, without good cause, “shall constitute contempt of court.”
Jennifer Lance v. Monty Honaker (Ky. Ct. App. 2021).
“factors, including, but not limited to: -10- (a) The interaction and interrelationship of the child with his parent or parents, his de facto custodian, his siblings, and any other person who may significantly affect the child’s best interests; (b) The mental and physical health…”
Mark W Carr v. Jessica J Carr (Ky. Ct. App. 2022).
“This began with Jessica’s notice received on October 18, 2017, that she was denying visitation under KRS 403.240 based on her belief that the child would be endangered.”
Tyrone L. Cardwell v. Dallas D. Burgin (Ky. Ct. App. 2022).
“KRS 403.240, moreover, provides that a party’s -5- noncompliance with a support or custody decree “shall constitute contempt of court,” and shall be addressed as such.”
— Ky. Rev. Stat. § 403.240(2) — 2 cases
Brantley Dunaway v. Misti Madison Cork (Ky. Ct. App. 2021).
“Under KRS 403.240(2), the failure of a party to comply with a child support order, without good cause, “shall constitute contempt of court.”
— Ky. Rev. Stat. § 403.240(3) — 2 cases
— Ky. Rev. Stat. § 403.240(4) — 1 case
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