Action for child support arrearages -- Time to commence action tolled until
obligations cease as to last child on order.
Except as provided in KRS 396.205, 413.110, 413.220, 413.230 and 413.240, the
following actions shall be commenced within fifteen (15) years after the cause of action
first accrued:
(1) An action upon a judgment or decree of any court of this state or of the United
States, or of any state or territory thereof, the period to be computed from the date
of the last execution thereon;
(2) An action upon a recognizance, bond, or written contract, except that actions upon
written contracts executed after July 15, 2014, shall be governed by KRS 413.160;
(3) An action upon the official bond of a sheriff, marshal, clerk, constable, or any other
public officer, or any commissioner, receiver, curator, personal representative,
guardian, conservator, or trustee appointed by a court or authority of law;
(4) An action upon an appeal bond or bond given on a supersedeas, attachment,
injunction, order of arrest or for the delivery of property or for the forthcoming of
property, or to obey or perform an order or judgment of court in an action, or upon a
bond for costs, or any other bond taken by a court or judge or by an officer pursuant
to the directions of a court or judge, in an action or after judgment or decree, or
upon a replevin, sale, or delivery bond taken under execution or decree, upon an
indemnifying bond taken under a statute, or upon a bond to suspend a proceeding,
or upon a bond or obligation for the payment of money or property or for the
performance of any undertaking; and
(5) An action to recover unpaid child support arrearages, which may be initiated as one
(1) cumulative action for all child support arrearages owed under a court order, with
the time to commence an action under this subsection being tolled until all current
child support obligations cease as to the last child covered by that order.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 142, sec. 2, effective July 15, 2014. -- Amended
2008 Ky. Acts ch. 21, sec. 4, effective July 15, 2008. -- Amended 1988 Ky. Acts ch.
90, sec. 30, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 141, sec. 130,
effective July 1, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 417,
effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective
October 1, 1942, from Ky. Stat. sec. 2514.
Legislative Research Commission Note (2/15/91). The prior reference to KRS 396.025
near the beginning of this statute was the result of an apparent inadvertent
transposition of digits in codifying. See 1988 Ky. Acts Ch. 90, §§ 30 and 26.
Pursuant to KRS 7.136, the text of this statute has been corrected to reflect the
appropriate cross reference to KRS 396.205.
Note: 1980 Ky. Acts ch. 396, sec. 141 would have amended this section effective July 1,
1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec.
146, also effective July 1, 1982.
Notes of Decisions
Conner v. George W. Whitesides Co., 834 S.W.2d 652 (Ky. 1992).
· cites it 12× “In full, the statute provides: Action by or against personal representative under KRS 413.090 to 413.160 "(1) If a person entitled to bring any action mentioned in KRS 413.”
Linda Holt v. John Griffin, 865 F.3d 417 (6th Cir. 2017).
· cites it 2× “Page 17 Kentucky’s equitable tolling statute provides as follows: When a cause of action mentioned in KRS 413.090 to 413.160 accrues against a resident of this state, and he by absconding or concealing himself or by any other indirect means obstructs the prosecution of the…”
Metro Louisville/Jefferson Cnty. Gov't v. Abma, 326 S.W.3d 1 (Ky. Ct. App. 2009).
· cites it 3× “Since the statue (sic) of limitations on a contract claim is fifteen (15) years pursuant to KRS 413.090, this contract entitlement applies to all time periods from September 8, 1985 to date; and [[Image here]] Accordingly, IT IS HEREBY ORDERED AND ADJUDGED that Defendant City…”
Fluke Corp. v. LeMaster, 306 S.W.3d 55 (Ky. 2010).
· cites it 2× “190 states: (1) If, at the time any cause of action mentioned in KRS 413.090 to 413.160 accrues against a resident of this state, he is absent from it, the period limited for the commencement of the action against him shall be computed from the time of his return to this state.”
Ragland v. Est. of Digiuro, 352 S.W.3d 908 (Ky. Ct. App. 2010).
· cites it 3× “180 provides the time limitations for a personal representative of the deceased to bring a cause of action, stating: (1) If a person entitled to bring any action mentioned in KRS 413.090 to 413.160 dies before the expiration of the time limited for its commencement and the cause…”
Elec. Ins. v. Freudenberg-NOK, Gen. P'ship, 487 F. Supp. 2d 894 (W.D. Ky. 2007).
· cites it 4× “§ 413.090, Kentucky’s fifteen-year statute of limitations for actions based on contracts, and that its common-law indemnity claim is subject to K.”
Wade v. Poma Glass & Specialty Windows, Inc., 394 S.W.3d 886 (Ky. 2012).
· cites it 4× “Because the term execution is subject to various interpretations, which in turn change the application of KRS 413.090(1), we must look beyond the text of the statute to the statutory scheme concerning actions on judgments and to relevant case law.”
Nucor Corp. v. Gen. Elec. Co., 812 S.W.2d 136 (Ky. 1991).
· cites it 2× “Because the written contract between General Electric and Garst-Receveur included the specifications for the joist girders and was in evidence, as well as the proof regarding its breach, the trial court then permitted amendment of the pleadings to include a breach of contract…”
Elizabeth Clemons v. Norton Healthcare Inc. Ret. Plan, 890 F.3d 254 (6th Cir. 2018).
“See Ky. Rev. Stat. Ann. § 413.120 (2). The Retirees countered that their claims were timely because Kentucky's fifteen-year statute of limitations for claims based on a written contract should apply.”
— Ky. Rev. Stat. § 413.090(1) — 16 cases
Wade v. Poma Glass & Specialty Windows, Inc., 394 S.W.3d 886 (Ky. 2012).
“Because the term execution is subject to various interpretations, which in turn change the application of KRS 413.090(1), we must look beyond the text of the statute to the statutory scheme concerning actions on judgments and to relevant case law.”
— Ky. Rev. Stat. § 413.090(2) — 40 cases
Metro Louisville/Jefferson Cnty. Gov't v. Abma, 326 S.W.3d 1 (Ky. Ct. App. 2009).
“Since the statue (sic) of limitations on a contract claim is fifteen (15) years pursuant to KRS 413.090, this contract entitlement applies to all time periods from September 8, 1985 to date; and [[Image here]] Accordingly, IT IS HEREBY ORDERED AND ADJUDGED that Defendant City…”
Nucor Corp. v. Gen. Elec. Co., 812 S.W.2d 136 (Ky. 1991).
“Because the written contract between General Electric and Garst-Receveur included the specifications for the joist girders and was in evidence, as well as the proof regarding its breach, the trial court then permitted amendment of the pleadings to include a breach of contract…”
— Ky. Rev. Stat. § 413.090(3) — 2 cases
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