individual parties reside in this state.
(1) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.
(2) A tribunal of this state exercising jurisdiction under this section shall apply the provisions of Articles 1 and 2 of this chapter, this Article, and the procedural and substantive law of the state to the proceeding for enforcement or modification. Articles 3, 4, 5, 7, and 8 do not apply. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 18, sec. 52, effective June 24, 2015. -- Created 1998 Ky. Acts ch. 101, sec. 18, effective March 23, 1998.
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 2007–2023 · leading case:
Nordike v. Nordike, 231 S.W.3d 733 (Ky. 2007).
Nordike v. Nordike, 231 S.W.3d 733 (Ky. 2007).
· cites it 2× “5202, which addresses personal jurisdiction over a nonresident; KRS 407.5613, which governs the power to modify support decrees where all the parties are Kentucky residents; and KRS 407.”
Adams-Smyrichinsky v. Smyrichinsky, 467 S.W.3d 767 (Ky. 2015).
“If all the parties and the child have left the issuing state, a Kentucky court has jurisdiction to modify under KRS 407.5613 when both the obligor and the obligee live in Kentucky; and a Kentucky court has jurisdiction under KRS 407.”
Roberts v. Bedard, 357 S.W.3d 554 (Ky. Ct. App. 2011).
· cites it 2× “5611, titled “[mjodification of child support order of another state,” which states: (1) After a child support order issued in another state has been registered in this state, the responding tribunal of this state may modify that order only if KRS 407.5613 does not apply and if…”
Koerner v. Koerner, 270 S.W.3d 413 (Ky. Ct. App. 2008).
· cites it 5× “Prefatory to the conditions which must be met prior to the assertion of subject matter jurisdiction, the statute provides an explicit directive: a child support order issued in another state and registered in this state may be modified by a responding tribunal of this state only…”
Ijeoma Odigwe v. Lauren Andrini (Ky. Ct. App. 2023).
· cites it 2× “10 Pursuant to KRS 10 KRS 407.5613 applies when all parties who are individuals reside in Kentucky, and the child does not reside in the state that issued the child support order.”
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