{"data":{"id":"us-ky/krs-405.430","jurisdiction":"us-ky","citation":"KRS 405.430","heading":"Genetic testing to establish paternity -- Office may determine child support","body":"or child care obligation -- Adjustment of child support or child support\nobligation -- Order requiring parent to work or continue educational or\ntraining activities -- Disclosure of financial records -- Voluntary\nacknowledgment of paternity as basis -- Administrative subpoenas to enforce\nchild support obligation -- Prohibition -- Employment assistance.\n(1) When a parent presents himself to the Office o f the Attorney General for the\nvoluntary establishment of paternity and clear evidence of parentage is not present,\nthe office shall pay when administratively ordered the cost of genetic testing to\nestablish paternity, subject to recoupment from the allege d father when paternity is\nestablished.\n(2) The Office of the Attorney General shall obtain additional testing in any case if an\noriginal test is contested, upon request and advance payment by the contestant.\n(3) In a contested paternity case, the child, t he mother, and the putative father shall\nsubmit to genetic testing upon a request of any of the parties, unless the person or\nguardian of the person who is requested to submit to genetic testing shows good\ncause, taking into account the best interests of t he child, why the genetic tests\ncannot be performed. The request shall be supported by a sworn statement of the\nparty, requesting that the test be performed, which shall include the information\nrequired by 42 U.S.C. sec. 666(a)(5)(B)(i) or (ii).\n(4) When a parent who fails to support a child is not obligated to provide child support\nby court order, the Office of the Attorney General may administratively establish a\nchild support obligation based upon a voluntary acknowledgment of paternity as set\nforth in K RS Chapter 406, the parent's minimum monthly child support obligation\nand proportionate share of child care costs incurred due to employment or job\nsearch of either parent, or incurred while receiving elementary or secondary\neducation, or higher education or vocational training which will lead to\nemployment. The monthly child support obligation shall be determined pursuant to\nthe Kentucky child support guidelines set forth in KRS 403.212 or 403.2122. The\nactual cost of child care shall be reasonable and sha ll be allocated between the\nparents in the same proportion as each parent's gross income, as determined under\nthe guidelines, bears to the total family gross income.\n(5) The Office of the Attorney General shall recognize a voluntary acknowledgment of\npaternity as a basis for seeking a support order, irrespective of the alleged father's\nwillingness to consent to a support order.\n(6) When in the best interest of the child, the Office of the Attorney General may\nreview and adjust a parent's child support oblig ation or child care obligation as\nestablished by the office, upon a request of the office when an assignment has been\nmade, or upon either parent's petition if the amount of the child support awarded\nunder the order differs from the amount that would be aw arded in accordance with\nKRS 403.212 or 403.2122. The Office of the Attorney General shall notify parents\nat least once every three (3) years of the right to a review.\n(7) In establishing or modifying a parent's monthly child support obligation, the Office\nof the Attorney General may use automated methods to identify orders eligible for\nreview, conduct the review, identify orders eligible for adjustment, and apply the\nadjustment to eligible orders in accordance with KRS 403.212 or 403.2122. The\noffice shall  utilize information, including financial records, about the parent and\nchild which it has good reason to believe is reliable and may require the parents to\nprovide income verification.\n(8) In cases in which past -due support is owed for a child receiving p ublic assistance\nunder Title IV -A of the Federal Social Security Act, the Office of the Attorney\nGeneral shall issue an administrative order, or seek a judicial order, requiring the\nobligated parent to participate in work activities, or educational or voca tional\ntraining activities for at least twenty (20) hours per week, unless the parent is\nincapacitated as defined by 42 U.S.C. sec. 607.\n(9) The Office of the Attorney General may disclose financial records only for the\npurpose of establishing, modifying, or enforcing a child support obligation of an\nindividual. A financial institution shall not be liable to any individual for disclosing\nany financial record of the individual to the office attempting to establish, modify,\nor enforce a child support obligation.\n(10) The Office of the Attorney General may issue both intrastate and interstate\nadministrative subpoenas to any individual or entity for financial or other\ninformation or documents which are needed to establish, modify, or enforce a child\nsupport obligation pursuant to Title IV-D of the Social Security Act, 42 U.S.C. sec.\n651 et seq. An administrative subpoena lawfully issued in another state to an\nindividual or entity residing in this state shall be honored and enforced in the\nCircuit Court of the county in which the individual or entity resides.\n(11) In any case where a person or entity fails to respond to a subpoena within the\nspecified time frame, the Office of the Attorney General shall impose a penalty.\n(12) No person shall knowingly make, present, or cause to be made or presented to an\nemployee or officer of the Office of the Attorney General any false, fictitious, or\nfraudulent statement, representation, or entry in any application, report, document,\nor financial record used in determining child support or child care obligations.\n(13) If a person knowingly or by reason of negligence discloses a financial record of an\nindividual, that individual may pursue civil action for damages in a federal District\nCourt or appropriate state court. No liability shall arise with respect to any\ndisclosure which re sults from a good faith, but erroneous, interpretation. In any\ncivil action brought for reason of negligence of disclosure of financial records, upon\nfinding of liability on the part of the defendant, the defendant shall be liable to the\nplaintiff in an amount equal to:\n(a) The sum of the greater of one thousand dollars ($1,000) for each act of\nunauthorized disclosure of financial records; or\n(b) The sum of the actual damages sustained by the plaintiff resulting from the\nunauthorized disclosure; plus\n(c) If willful disclosure or disclosure was a result of gross negligence, punitive\ndamages, plus the costs, including attorney fees, of the action.\n(14) The Office of the Attorney General shall issue an administrative order or seek a\njudicial order requiring a p arent with a delinquent child support obligation, as\ndefined by administrative regulation promulgated under KRS 15.055, to participate\nin the program described in KRS 15.816 to help low -income, noncustodial parents\nfind and keep employment unless the paren t is incapacitated as defined by 42\nU.S.C. sec. 607.","path":["KRS Chapter 405"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56572","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:32Z","sha256":"b1bff005011cf1e931dd83300d4d19dbbfbc2f329bade84ed1de988881a38c76","source_id":"us-ky","stale":false,"prev":"us-ky/krs-405.420","next":"us-ky/krs-405.435"},"notice":"GroundRules: Original legal text. Not legal advice."}