{"data":{"id":"us-ky/krs-403.090","jurisdiction":"us-ky","citation":"KRS 403.090","heading":"Friend of the court -- Appointment -- Tenure -- Duties -- Wage","body":"withholding collections -- Compensation.\n(1) The fiscal court of any county may, by resolution, authorize the appointment of a\n\"friend of the court.\" If the Circuit Co urt of the county has but one (1) judge, the\nappointment shall be made by the judge. If the court has two (2) or more judges, the\nappointment shall be made by joint action of the judges, at the general term. The\nperson appointed to the office of friend of the court shall serve at the pleasure of,\nand subject to removal by, the appointing authority. The person appointed shall be a\nlicensed practicing attorney. The appointed person shall take the constitutional oath\nof office and shall give bond in such sum a s may be fixed by the appointing judge\nor judges.\n(2) Except for those cases administered pursuant to 42 U.S.C. sec. 651 et seq., it shall\nbe the duty of the friend of the court to supervise and enforce the payment of sums\nordered or adjudged by the Circui t Court in divorce actions to be paid for the care\nand maintenance of minor children. All persons who have been ordered or adjudged\nby the court, in connection with divorce actions, to make payments for the care and\nmaintenance of children, shall, if so or dered by the court, make such payments to\nthe friend of the court. The friend of the court shall see that the payments, except\nfor those cases administered pursuant to 42 U.S.C. sec. 651 et seq., are properly\napplied in accordance with the order or judgmen t. However, if the court so directs,\nthe payments may be made through the juvenile session of District Court of the\ncounty; in such case the friend of the court shall render such assistance as may be\nrequired in keeping records concerning such payments and  in the enforcement of\ndelinquent payments, and the Circuit Court may direct that a designated amount or\nportion of the funds appropriated by the fiscal court for expenses of the friend of the\ncourt be paid to the juvenile session of District Court as reim bursement for the\nexpenses incurred by the juvenile session of District Court in connection with the\nhandling of such payments. The friend of the court shall promptly investigate all\ncases where payments have become delinquent, and when necessary shall cau se the\ndelinquent person to be brought before the court for the purpose of compelling\npayment. The friend of the court shall ascertain the facts concerning the care,\ncustody, and maintenance of children for whom payments are being made, and shall\nreport to the court all cases in which the children are not receiving proper care or\nmaintenance, or in which the person having custody is failing to furnish proper\ncustody. He shall make such other reports to the court as the court may require.\n(3) In the event th at a waiver is granted under 42 U.S.C. sec. 651 et seq., allowing\npayment of wage withholding collections to be directed to the friend of the court, an\nobligor shall be given the option of payment either to the friend of the court or the\ncentralized collection agency.\n(4) In any action for divorce where the parties have minor children, the friend of the\ncourt, if requested by the trial judge, shall make such investigation as will enable\nthe friend of the court to ascertain all facts and circumstances that w ill affect the\nrights and interests of the children and will enable the court to enter just and proper\norders and judgment concerning the care, custody, and maintenance of the children.\nThe friend of the court shall make a report to the trial judge, at a t ime fixed by the\njudge, setting forth recommendations as to the care, custody, and maintenance of\nthe children. The friend of the court may request the court to postpone the final\nsubmission of any case to give the friend of the court a reasonable time in which to\ncomplete the investigation.\n(5) The friend of the court shall have authority to secure the issuance by the court of\nany order, rule, or citation necessary for the proper enforcement of orders and\njudgments in divorce actions concerning the custody , care, and maintenance of\nchildren. In performing duties under subsection (4) of this section the friend of the\ncourt shall attend the taking of depositions within the county, and shall have\nauthority to cross -examine the witnesses. In the case of deposit ions taken on\ninterrogatories, the friend of the court may file cross -interrogatories. The friend of\nthe court shall be duly notified of the time and place of the taking of depositions in\nall divorce actions where the parties have minor children, and shall attend the taking\nof all such depositions when the friend of the court deems it necessary for the\nprotection of the minor children, or when the friend of the court may be directed by\nthe court to attend.\n(6) The friend of the court shall not directly or i ndirectly represent any party to a\ndivorce action except as herein authorized to represent the minor children of parties\nto a divorce action, but if an allowance is made for the support of a spouse and an\ninfant child or children, may proceed to enforce the payment of the allowance made\nto the spouse also.\n(7) Where a friend of the court is acting as a designee of the Office of the Attorney\nGeneral pursuant to KRS 15.802 and an applicant for Title IV -D services pursuant\nto KRS 15.810 has requested a modific ation of an existing child support order\npursuant to a divorce or other judicial order, the friend of the court shall seek the\nmodification, providing all jurisdictional requirements are met. The friend of the\ncourt's representation shall extend only for t he limited purpose of seeking a\nmodification of an existing child support order consistent with the provisions of\nKRS 403.212 or 403.2122.\n(8) The fiscal court of any county which has authorized the appointment of a friend of\nthe court under this section s hall, by resolution, fix a reasonable compensation for\nthe friend of the court and make a reasonable allowance for necessary expenses,\nequipment, and supplies, payable out of the general fund of the county, upon\napproval of the appointing judge or judges.","path":["KRS Chapter 403"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55831","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:29Z","sha256":"fd1f62932dfc8d86ffa9724f62506511a890050e649c9a8a34418ef90830a426","source_id":"us-ky","stale":false,"prev":"us-ky/krs-403.080","next":"us-ky/krs-403.100"},"notice":"GroundRules: Original legal text. Not legal advice."}