Section 406.025 - Rebuttable presumption of voluntary acknowledgment-of-paternity affidavit - Temporary support order if paternity is indicated - Continuation of child support until final determination of paternity(1) Upon completion of a signed, notarized, voluntary acknowledgment-of-paternity affidavit by the mother and alleged father, obtained through the hospital-based paternity program, and submitted to the state registrar of vital statistics, paternity shall be rebuttably presumed for the earlier of sixty (60) days or the date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a child support order.(2) Upon completion of a signed, notarized, voluntary acknowledgment-of-paternity affidavit by the mother and alleged father obtained outside of the hospital and submitted to the state registrar of vital statistics, paternity shall be rebuttably presumed for the earlier of sixty (60) days or the date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a child support order following the date of signatures on the notarized affidavit.(3) Pending an administrative or judicial determination of parentage, or upon a signed, notarized, voluntary acknowledgment-of-paternity form having been transmitted by the local registrar and received by the Vital Statistics Branch, a temporary support order shall be issued upon motion of any party if paternity is indicated by genetic testing or other clear and convincing evidence.(4) The motion shall be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.(5) The court shall, within fourteen (14) days from the filing of the motion, order an amount of temporary child support based upon the child support guidelines as provided by KRS 403.212 or 403.2122. The ordered child support shall be retroactive to the date of the filing of the motion to move the court to enter an order for temporary child support without written or oral notice to the adverse party. The order shall provide that the order becomes effective seven (7) days following service of the order and movant's affidavit upon the adverse party unless the adverse party, within the seven (7) day period, files a motion for a hearing before the court. The motion for hearing shall be accompanied by the affidavit required by KRS 403.160(2)(a). Pending the hearing, the adverse party shall pay child support in an amount based upon the guidelines and the adverse party's affidavit. The child support order entered following the hearing shall be retroactive to the date of the filing of the motion for temporary support unless otherwise ordered by the court.(6) Unless good cause is shown, court or administratively ordered child support shall continue until final judicial or administrative determination of paternity.Amended by 2024 Ky. Acts ch. 219,§ 10, eff. 7/15/2024.Amended by 2022 Ky. Acts ch. 122,§ 9, eff. 7/13/2022.Effective:6/20/2005
Amended 2005, Ky. Acts ch. 99, sec. 637, effective6/20/2005. -- Amended 1998, Ky. Acts ch. 255, sec. 27, effective 7/15/1998. -- Created 1996, Ky. Acts ch. 365, sec. 12, effective 7/15/1996.