Kentucky Statutes 205.710 – Definitions for KRS 205.712 to 205.800. (Effective until July 1, 2025)
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As used in KRS § 205.712 to KRS § 205.800, unless the context clearly dictates otherwise: (1) “Cabinet” shall mean the Cabinet for Health and Family Services;
(2) “Secretary” shall mean the secretary of the Cabinet for Health and Family Services; (3) “Court order” 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 KRS § 205.800, 403.215, 405.405
to 405.520, and 530.050, it shall also include an order of an authorized administrative body;
(4) “Dependent child” or “needy dependent child” shall mean any person under the age of eighteen (18), or under the age of nineteen (19) if in high school, who is not otherwise emancipated, self-supporting, married, or a member of the Armed Forces of the United States and is a recipient of or applicant for services under Part D of Title IV of the Social Security Act;
(5) “Duty of support” 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 duty to pay spousal support that applies to spouses with a child even if child support is not part of the order or when spousal support is assigned to the cabinet and arrearages of support past due and unpaid in addition to medical support whenever health-care coverage is available at a reasonable cost;
(6) “Recipient” 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 a needy dependent child;
(7) “Consumer reporting agency” means any person or organization which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports;
(8) “Obligor” means a parent who has an obligation to provide support;
(9) “Employer” means any individual, sole proprietorship, partnership, association, or private or public corporation, the United States or any federal agency, this state or any political subdivision of this state, any other state or a political subdivision of another state, or any other legal entity which hires and pays an individual for his services;
(10) “Income” 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, wages, and other income due or to be due in the future from a person’s 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 lottery winnings, unemployment compensation, supplemental unemployment 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 corporation, the United States or any federal agency, this state or any political subdivision of this state, any other state or a political subdivision of another state, or any other legal entity which is indebted to the obligor;
(11) “Earnings” means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and notwithstanding any other provision of law exempting such payments from garnishment, attachment, or other process to satisfy support obligations and specifically includes periodic payments from pension and retirement programs and insurance policies of any kind. Earnings shall include all gain derived from capital, from labor, or both, including profit gained through sale or conversion of capital assets and unemployment compensation benefits, or any other form of monetary gain. The term “disposable earnings” means that part of earnings remaining after deductions of any amounts required by law to be withheld;
(12) “Enforce” 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) “Need” includes, but is not limited to, the necessary cost of food, clothing, shelter, and medical care. The amount determined under the suggested minimum support obligation scale shall be rebuttably presumed to correspond to the parent’s ability to pay and the need of the child. A parent shall be presumed to be unable to pay child support from any income received from public assistance under Title IV-A of the Social Security Act, or other continuing public assistance;
(14) “Parent” 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 judicial proceeding or in any manner consistent with the laws of this or any other state, whose child is entitled to support, pursuant to court order, statute, or administrative determination; and
(15) “Real and personal property” includes all property of all kinds, including but not limited to, all gain derived from capital, labor, or both; compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise; periodic payments from pension and retirement programs; and unemployment compensation and insurance policies.
Effective: June 20, 2005
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 15, 1998; and ch. 426, sec. 219, effective July 15, 1998. — Amended
1996 Ky. Acts ch. 365, sec. 1, effective July 15, 1996. — Amended 1994 Ky. Acts ch. 330, sec. 1, effective July 15, 1994. — Amended 1988 Ky. Acts ch. 411, sec. 1, effective July 15, 1988. — Amended 1986 Ky. Acts ch. 487, sec. 1, effective July 15,
1986. — Created 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 codified together. Where a conflict exists between ch. 100 and ch. 255, Acts ch.
255, which was last enacted by the General Assembly, prevails under KRS § 446.250.
(2) “Secretary” shall mean the secretary of the Cabinet for Health and Family Services; (3) “Court order” shall mean any judgment, decree, or order of the courts of this state
Terms Used In Kentucky Statutes 205.710
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- any other state: includes any state, territory, outlying possession, the District of Columbia, and any foreign government or country. See Kentucky Statutes 446.010
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 205.010
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: may extend and be applied to any corporation, company, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Dependent: A person dependent for support upon another.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Partnership: includes both general and limited partnerships. See Kentucky Statutes 446.010
- Public assistance: means money grants, assistance in kind, or services to or for the benefit of needy aged, needy blind, needy permanently and totally disabled persons, needy children, or persons with whom a needy child lives or a family containing a combination of these categories, except that the term shall not be construed to permit the granting of financial aid where the purpose of such aid is to obtain an abortion. See Kentucky Statutes 205.010
- Secretary: means the secretary for health and family services or his authorized representative. See Kentucky Statutes 205.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
or any other state. For the purposes of KRS § 205.715 to KRS § 205.800, 403.215, 405.405
to 405.520, and 530.050, it shall also include an order of an authorized administrative body;
(4) “Dependent child” or “needy dependent child” shall mean any person under the age of eighteen (18), or under the age of nineteen (19) if in high school, who is not otherwise emancipated, self-supporting, married, or a member of the Armed Forces of the United States and is a recipient of or applicant for services under Part D of Title IV of the Social Security Act;
(5) “Duty of support” 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 duty to pay spousal support that applies to spouses with a child even if child support is not part of the order or when spousal support is assigned to the cabinet and arrearages of support past due and unpaid in addition to medical support whenever health-care coverage is available at a reasonable cost;
(6) “Recipient” 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 a needy dependent child;
(7) “Consumer reporting agency” means any person or organization which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports;
(8) “Obligor” means a parent who has an obligation to provide support;
(9) “Employer” means any individual, sole proprietorship, partnership, association, or private or public corporation, the United States or any federal agency, this state or any political subdivision of this state, any other state or a political subdivision of another state, or any other legal entity which hires and pays an individual for his services;
(10) “Income” 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, wages, and other income due or to be due in the future from a person’s 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 lottery winnings, unemployment compensation, supplemental unemployment 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 corporation, the United States or any federal agency, this state or any political subdivision of this state, any other state or a political subdivision of another state, or any other legal entity which is indebted to the obligor;
(11) “Earnings” means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and notwithstanding any other provision of law exempting such payments from garnishment, attachment, or other process to satisfy support obligations and specifically includes periodic payments from pension and retirement programs and insurance policies of any kind. Earnings shall include all gain derived from capital, from labor, or both, including profit gained through sale or conversion of capital assets and unemployment compensation benefits, or any other form of monetary gain. The term “disposable earnings” means that part of earnings remaining after deductions of any amounts required by law to be withheld;
(12) “Enforce” 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) “Need” includes, but is not limited to, the necessary cost of food, clothing, shelter, and medical care. The amount determined under the suggested minimum support obligation scale shall be rebuttably presumed to correspond to the parent’s ability to pay and the need of the child. A parent shall be presumed to be unable to pay child support from any income received from public assistance under Title IV-A of the Social Security Act, or other continuing public assistance;
(14) “Parent” 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 judicial proceeding or in any manner consistent with the laws of this or any other state, whose child is entitled to support, pursuant to court order, statute, or administrative determination; and
(15) “Real and personal property” includes all property of all kinds, including but not limited to, all gain derived from capital, labor, or both; compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise; periodic payments from pension and retirement programs; and unemployment compensation and insurance policies.
Effective: June 20, 2005
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 15, 1998; and ch. 426, sec. 219, effective July 15, 1998. — Amended
1996 Ky. Acts ch. 365, sec. 1, effective July 15, 1996. — Amended 1994 Ky. Acts ch. 330, sec. 1, effective July 15, 1994. — Amended 1988 Ky. Acts ch. 411, sec. 1, effective July 15, 1988. — Amended 1986 Ky. Acts ch. 487, sec. 1, effective July 15,
1986. — Created 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 codified together. Where a conflict exists between ch. 100 and ch. 255, Acts ch.
255, which was last enacted by the General Assembly, prevails under KRS § 446.250.