(1) Once support has been set by the court, it shall continue in full force and effect unless modified by the court, or ended by operation of law. (2) An order directing the payment of child support shall be entered utilizing the AOC152, Uniform Child Support Order and/or Wagellncome Withholding Order which is the form prescribed by the Administrative Office of the Courts pursuant to KRS 205.713 and KRS 205.802. This form shall be located on the Court of Justice website and shall include the following:
(a) The amount and frequency of the support payments; (b) That the payment shall be paid
(i) By wage/income withholding, to begin immediately; or, (ii) If wage/income withholding is not ordered to begin immediately for good cause shown, as ordered by the court and as directed in KRS 403.215; or, (iii) According to a written agreement reached between both parties which provides for an alternative arrangement to wage/income withholding. (c) In non-IV-D cases the federal Income Withholding [FN1] for Support (IWO) form OMB 0970-0154, and in IV-D cases the state CS-89, shall be utilized to notify the employer/income withholder of any wage/income withholding ordered by the court.(d) The party responsible for medical and other ordered expenses of the child(ren); and,(e) The social security numbers of the parties and child(ren), CR 7.03 notwithstanding.(3) Notice of any wage/income withholding shall be served upon the employer and the employee as follows:
(a) In non-IV-D cases, the OMB 0970-0154 shall be accompanied by the underlying AOC-152.(b) In IV-D cases, the CS-89 shall be utilized. (4) Motions to Establish or Modify Child Support.
(a) A motion to establish or modify child support shall be accompanied by the following:
(1) A completed child support guidelines worksheet.(2) Copies of the movant’s last three pay stubs or, if movant is self-employed, proof of the movant’s current income.(3) The most recently filed federal and state income tax returns. (4) Verification of the cost of health insurance for the child(ren) only. (5) A notice of hearing accompanying a motion for child support which shall contain the following statement: “You must file with the Court, at least 24 hours prior to the time of the hearing, a completed child support guidelines worksheet and copies of your last three pay stubs or, if self-employed, proof of your current income and the most current federal and state tax returns.”(b) The responding party is to similarly file this financial information at least 24 hours prior to the hearing.(c) All parties shall exchange said information 10 days prior to the hearing. (d) In addition, counsel shall certify, prior to the hearing being held, that reasonable efforts were made to resolve all the issues in dispute.
Ky. Fam. Ct. R. P. & Prac. FCRPP 9
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.
