Rule FCRPP 5 – Maintenance

May 13, 2021 | Family Law, Kentucky

(1) A motion for temporary maintenance shall be accompanied by copies of the movant’s last three pay stubs or, if movant is self-employed, proof of the movant’s current income, and by an affidavit setting forth movant’s monthly expenses and income and the monthly income of the party from whom maintenance is sought.
(2) The notice of hearing accompanying a motion for temporary maintenance shall contain the following statement: “You must file with the Court, at least 24 hours prior to the time of the hearing, a responsive affidavit setting forth your net monthly income and expenses and attach copies of your last three pay stubs or, if self-employed, proof of your current income.”
(3) Motions to Establish or Modify Permanent Maintenance

(a) All motions to establish or modify permanent maintenance shall be accompanied by the following:

(i) A statement from movant setting forth the amount of maintenance requested.
(ii) Copies of the movant’s last three pay stubs or, if movant is self-employed, proof of the movant’s current income.
(iii) An affidavit setting forth movant’s monthly expenses and income and the monthly income of the party against whom the motion is brought, if known.
(iv) The most recently filed federal and state income tax return.
(b) The respondent shall file the above financial information with the court and serve it on the opposing party 5 days prior to the hearing.
(c) The notice of hearing accompanying a motion to establish or modify permanent maintenance shall contain the following statement: “You must file with the court, at least 24 hours prior to the time of the hearing, copies of your last three pay stubs, or if selfemployed, proof of your current income and by an affidavit setting forth your monthly expenses and income, and the most current federal and state tax returns.”

Ky. Fam. Ct. R. P. & Prac. FCRPP 5

Amended by Order 2014-21, eff. 1-1-15; prior amendment 2013-7, eff. 4-19-13; 2012-10, eff. 1-1-13; adopted eff. 1-1-11.