KRS § 403.160 — KY Code / Title XXXV / Chapter 403 / Section 403.160
403.160 Temporary orders -- Maintenance, child support, injunction -- Disclosure of information on domestic violence or child abuse
Status: in_force

403.160 Temporary orders -- Maintenance, child support, injunction -- Disclosure

of information on domestic violence or child abuse.

(1) In a proceeding for dissolution of marriage or for legal separation, or in a

proceeding for disposition of property or for maintenance or support following

dissolution of the marriage by a court which lacked personal jurisdiction over the

absent spouse, either party may move for temporary maintenance. The motion shall

be accompanied by an affidavit setting forth the factual basis for the motion and the

amounts requested.

(2) (a) In a proceeding for dissolution of marriage, legal separation, or child support,

either party, with notice to the opposing party, may move for temporary child

support. The motion shall be accompanied by an affidavit setting forth the

number of children of the marriage and the information required to calculate

the combined adjusted parental gross income set forth in KRS 403.212, and

the Social Security numbers, provided in accordance with KRS 403.135, of all

parties subject to the motion. The court shall, within fourteen (14) days from

the filing of said motion, order an amount of temporary child support based

upon the child support guidelines as provided by law, and the ordered child

support shall be retroactive to the date of the filing of the motion unless

otherwise ordered by the court.

(b) Upon a showing of good cause, either party may move the court to enter an

order for temporary child support without written or oral notice to the adverse

party. After reviewing the affidavit required by paragraph (a) of this

subsection, the court may issue a temporary child support order based upon

the child support guidelines. 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 paragraph (a) of this

subsection. 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.

(3) As part of a motion for temporary maintenance or support or by independent motion

accompanied by affidavit, either party may request the court to issue a temporary

injunction or restraining order pursuant to the Rules of Civil Procedure.

(4) If the court or agent of the court is made aware that there is reasonable evidence of

domestic violence or child abuse, the court shall determine whether disclosure to

any other person of the information could be harmful to the parent or child, and if

the court determines that disclosure to any person could be harmful, the court and

its agents shall not make the disclosure.

(5) On the basis of the showing made and in conformity with KRS 403.200, the court

may issue a temporary injunction or restraining order and an order for temporary

maintenance in amounts and on terms just and proper in the circumstances.

(6) A temporary order or temporary injunction:

(a) Does not prejudice the rights of the parties or the child which are to be

adjudicated at subsequent hearings in the proceeding;

(b) May be revoked or modified before final decree on a showing of the facts

necessary to revocation or modification under the circumstances; and

(c) Terminates when the final decree is entered or when the petition for

dissolution or legal separation is voluntarily dismissed.