(1) A fee of $50.00 shall be paid by the movant in paternity cases reopened after 6 months from the entry of the paternity judgment for the purpose of modifying any support, custody or visitation ordered. This does not include motions in 42 U.S.C. Title IV-D cases for child support enforcement. The clerk shall collect any fee upon the filing of the motion, unless the movant files a motion to proceed in forma pauperis.
(a) Reopening for purposes of this rule means any motion for modification of an order filed more than 6 months after entry of the order. A case is considered reopened until all matters in the motion are resolved. (b) Once a case is reopened and the fee is paid, another fee will not be required unless 6 months or more have elapsed since entry of the order on the motion that reopened the case. (c) This fee shall not be required for motions to enforce an order and which are so titled. (2) Nothing in this Rule shall preclude the district court from declining jurisdiction on custody and visitation and referring the action to the circuit court pursuant to KRS 406.051(2); nor shall this Rule preclude an action for custody, visitation or support from being filed in the circuit court by a party after the entry of a judgment of paternity in district court. In either event the appropriate filing fee shall be paid by the moving party, unless the movant/petitioner files a motion to proceed in forma pauperis.(3) In family court jurisdictions nothing in this Rule shall preclude the family court judge from ordering the custody, visitation and support matters in a paternity action be initiated in a circuit action. In such instance, a new circuit civil petition shall be filed by the movant/petitioner and the appropriate filing fee shall be paid unless in forma pauperis status is granted by the court.
Ky. Fam. Ct. R. P. & Prac. FCRPP 14
Amended by Order 2014-21, eff. 1-1-15; prior amendment 2012-10, eff. 1-1-13; adopted eff. 1-1-11.
