State Codes and Statutes

State Codes and Statutes

Statutes > Kentucky > 205-00 > 710

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Page 1 of 3 205.710 Definitions for KRS 205.712 to 205.800. As used in KRS 205.712 to 205.800, unless the context clearly dictates otherwise: <br>(1) &quot;Cabinet&quot; shall mean the Cabinet for Health and Family Services; <br>(2) &quot;Secretary&quot; shall mean the secretary of the Cabinet for Health and Family Services; <br>(3) &quot;Court order&quot; shall mean any judgment, decree, or order of the courts of this state or any other state. For the purposes of KRS 205.715 to 205.800, 403.215, 405.405 to <br>405.520, and 530.050, it shall also include an order of an authorized administrative <br>body; (4) &quot;Dependent child&quot; or &quot;needy dependent child&quot; shall mean any person under the age of eighteen (18), or under the age of nineteen (19) if in high school, who is not <br>otherwise emancipated, self-supporting, married, or a member of the Armed Forces <br>of the United States and is a recipient of or applicant for services under Part D of <br>Title IV of the Social Security Act; (5) &quot;Duty of support&quot; shall mean any duty of support imposed or imposable by law or by court order, decree, or judgment, whether interlocutory or final, and includes the <br>duty to pay spousal support that applies to spouses with a child even if child support <br>is not part of the order or when spousal support is assigned to the cabinet and <br>arrearages of support past due and unpaid in addition to medical support whenever <br>health-care coverage is available at a reasonable cost; (6) &quot;Recipient&quot; shall mean a relative or payee within the meaning of the Social Security Act and federal and state regulations who is receiving public assistance on behalf of <br>a needy dependent child; (7) &quot;Consumer reporting agency&quot; means any person or organization which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole <br>or in part in the practice of assembling or evaluating consumer credit information or <br>other information on consumers for the purpose of furnishing consumer reports to <br>third parties, and which uses any means or facility of interstate commerce for the <br>purpose of preparing or furnishing consumer reports; (8) &quot;Obligor&quot; means a parent who has an obligation to provide support; <br>(9) &quot;Employer&quot; means any individual, sole proprietorship, partnership, association, or private or public corporation, the United States or any federal agency, this state or <br>any political subdivision of this state, any other state or a political subdivision of <br>another state, or any other legal entity which hires and pays an individual for his <br>services; (10) &quot;Income&quot; means but is not limited to any of the following: (a) Commissions, bonuses, workers' compensation awards attributable to lost wages, retirement and pensions, interest and disability, earnings, salaries, <br>wages, and other income due or to be due in the future from a person's <br>employer and successor employers; (b) Any payment due or to be due in the future from a profit-sharing plan, pension plan, insurance contract, annuity, Social Security, proceeds derived from state Page 2 of 3 lottery winnings, unemployment compensation, supplemental unemployment <br>benefits, and workers' compensation; and (c) Any amount of money which is due to the obligor under a support order as a debt of any other individual, partnership, association, or private or public <br>corporation, the United States or any federal agency, this state or any political <br>subdivision of this state, any other state or a political subdivision of another <br>state, or any other legal entity which is indebted to the obligor; (11) &quot;Earnings&quot; means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and <br>notwithstanding any other provision of law exempting such payments from <br>garnishment, attachment, or other process to satisfy support obligations and <br>specifically includes periodic payments from pension and retirement programs and <br>insurance policies of any kind. Earnings shall include all gain derived from capital, <br>from labor, or both, including profit gained through sale or conversion of capital <br>assets and unemployment compensation benefits, or any other form of monetary <br>gain. The term &quot;disposable earnings&quot; means that part of earnings remaining after <br>deductions of any amounts required by law to be withheld; (12) &quot;Enforce&quot; means to employ any judicial or administrative remedy under KRS 405.405 to 405.420 and KRS 405.991(2) or under any other Kentucky law; (13) &quot;Need&quot; includes, but is not limited to, the necessary cost of food, clothing, shelter, and medical care. The amount determined under the suggested minimum support <br>obligation scale shall be rebuttably presumed to correspond to the parent's ability to <br>pay and the need of the child. A parent shall be presumed to be unable to pay child <br>support from any income received from public assistance under Title IV-A of the <br>Social Security Act, or other continuing public assistance; (14) &quot;Parent&quot; means a biological or adoptive mother or father of a child born in wedlock or a father of a child born out of wedlock if paternity has been established in a <br>judicial proceeding or in any manner consistent with the laws of this or any other <br>state, whose child is entitled to support, pursuant to court order, statute, or <br>administrative determination; and (15) &quot;Real and personal property&quot; includes all property of all kinds, including but not limited to, all gain derived from capital, labor, or both; compensation paid or <br>payable for personal services, whether denominated as wages, salary, commission, <br>bonus, or otherwise; periodic payments from pension and retirement programs; and <br>unemployment compensation and insurance policies. Effective: June 20, 2005 <br>History: Amended 2005 Ky. Acts ch. 99, sec. 265, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 100, sec. 6, effective July 15, 1998; ch. 255, sec. 4, effective July <br>15, 1998; and ch. 426, sec. 219, effective July 15, 1998. -- Amended 1996 Ky. Acts <br>ch. 365, sec. 1, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 330, sec. 1, <br>effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 411, sec. 1, effective July 15, <br>1988. -- Amended 1986 Ky. Acts ch. 487, sec. 1, effective July 15, 1986. -- Created <br>1974 Ky. Acts ch. 343, sec. 2. Legislative Research Commission Note (7/15/98). This section was amended by 1998 Ky. Acts chs. 100, 255, and 426. Where these Acts are not in conflict, they have been Page 3 of 3 codified together. Where a conflict exists between ch. 100 and ch. 255, Acts ch. 255, <br>which was last enacted by the General Assembly, prevails under KRS 446.250.