KRS § 405.430 — KY Code / Title XXXV / Chapter 405 / Section 405.430
405.430 Genetic testing to establish paternity -- Office may determine child support or child care obligation -- Adjustment of child support or child support obligation -- Order requiring parent to work or continue educational or training activities -- Disclosure of financial records -- Voluntary acknowledgment of paternity as basis -- Administrative subpoenas to enforce child support obligation -- Prohibition -- Employment assistance
Status: in_force

405.430 Genetic testing to establish paternity -- Office may determine child support

or child care obligation -- Adjustment of child support or child support

obligation -- Order requiring parent to work or continue educational or

training activities -- Disclosure of financial records -- Voluntary

acknowledgment of paternity as basis -- Administrative subpoenas to enforce

child support obligation -- Prohibition -- Employment assistance.

(1) When a parent presents himself to the Office of the Attorney General for the

voluntary establishment of paternity and clear evidence of parentage is not present,

the office shall pay when administratively ordered the cost of genetic testing to

establish paternity, subject to recoupment from the alleged father when paternity is

established.

(2) The Office of the Attorney General shall obtain additional testing in any case if an

original test is contested, upon request and advance payment by the contestant.

(3) In a contested paternity case, the child, the mother, and the putative father shall

submit to genetic testing upon a request of any of the parties, unless the person or

guardian of the person who is requested to submit to genetic testing shows good

cause, taking into account the best interests of the child, why the genetic tests

cannot be performed. The request shall be supported by a sworn statement of the

party, requesting that the test be performed, which shall include the information

required by 42 U.S.C. sec. 666(a)(5)(B)(i) or (ii).

(4) When a parent who fails to support a child is not obligated to provide child support

by court order, the Office of the Attorney General may administratively establish a

child support obligation based upon a voluntary acknowledgment of paternity as set

forth in KRS Chapter 406, the parent's minimum monthly child support obligation

and proportionate share of child care costs incurred due to employment or job

search of either parent, or incurred while receiving elementary or secondary

education, or higher education or vocational training which will lead to

employment. The monthly child support obligation shall be determined pursuant to

the Kentucky child support guidelines set forth in KRS 403.212 or 403.2122. The

actual cost of child care shall be reasonable and shall be allocated between the

parents in the same proportion as each parent's gross income, as determined under

the guidelines, bears to the total family gross income.

(5) The Office of the Attorney General shall recognize a voluntary acknowledgment of

paternity as a basis for seeking a support order, irrespective of the alleged father's

willingness to consent to a support order.

(6) When in the best interest of the child, the Office of the Attorney General may

review and adjust a parent's child support obligation or child care obligation as

established by the office, upon a request of the office when an assignment has been

made, or upon either parent's petition if the amount of the child support awarded

under the order differs from the amount that would be awarded in accordance with

KRS 403.212 or 403.2122. The Office of the Attorney General shall notify parents

at least once every three (3) years of the right to a review.

(7) In establishing or modifying a parent's monthly child support obligation, the Office

of the Attorney General may use automated methods to identify orders eligible for

review, conduct the review, identify orders eligible for adjustment, and apply the

adjustment to eligible orders in accordance with KRS 403.212 or 403.2122. The

office shall utilize information, including financial records, about the parent and

child which it has good reason to believe is reliable and may require the parents to

provide income verification.

(8) In cases in which past-due support is owed for a child receiving public assistance

under Title IV-A of the Federal Social Security Act, the Office of the Attorney

General shall issue an administrative order, or seek a judicial order, requiring the

obligated parent to participate in work activities, or educational or vocational

training activities for at least twenty (20) hours per week, unless the parent is

incapacitated as defined by 42 U.S.C. sec. 607.

(9) The Office of the Attorney General may disclose financial records only for the

purpose of establishing, modifying, or enforcing a child support obligation of an

individual. A financial institution shall not be liable to any individual for disclosing

any financial record of the individual to the office attempting to establish, modify,

or enforce a child support obligation.

(10) The Office of the Attorney General may issue both intrastate and interstate

administrative subpoenas to any individual or entity for financial or other

information or documents which are needed to establish, modify, or enforce a child

support obligation pursuant to Title IV-D of the Social Security Act, 42 U.S.C. sec.

651 et seq. An administrative subpoena lawfully issued in another state to an

individual or entity residing in this state shall be honored and enforced in the

Circuit Court of the county in which the individual or entity resides.

(11) In any case where a person or entity fails to respond to a subpoena within the

specified time frame, the Office of the Attorney General shall impose a penalty.

(12) No person shall knowingly make, present, or cause to be made or presented to an

employee or officer of the Office of the Attorney General any false, fictitious, or

fraudulent statement, representation, or entry in any application, report, document,

or financial record used in determining child support or child care obligations.

(13) If a person knowingly or by reason of negligence discloses a financial record of an

individual, that individual may pursue civil action for damages in a federal District

Court or appropriate state court. No liability shall arise with respect to any

disclosure which results from a good faith, but erroneous, interpretation. In any

civil action brought for reason of negligence of disclosure of financial records, upon

finding of liability on the part of the defendant, the defendant shall be liable to the

plaintiff in an amount equal to:

(a) The sum of the greater of one thousand dollars ($1,000) for each act of

unauthorized disclosure of financial records; or

(b) The sum of the actual damages sustained by the plaintiff resulting from the

unauthorized disclosure; plus

(c) If willful disclosure or disclosure was a result of gross negligence, punitive

damages, plus the costs, including attorney fees, of the action.

(14) The Office of the Attorney General shall issue an administrative order or seek a

judicial order requiring a parent with a delinquent child support obligation, as

defined by administrative regulation promulgated under KRS 15.055, to participate

in the program described in KRS 15.816 to help low-income, noncustodial parents

find and keep employment unless the parent is incapacitated as defined by 42

U.S.C. sec. 607.