Kentucky Statutes 407.5704 v2 – Initiation by Office of the Attorney General of support proceeding under Convention. (Effective July 1, 2025)
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(1) In a support proceeding under this Article, the Office of the Attorney General shall: (a) Transmit and receive applications; and
(b) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.
(2) The following support proceedings are available to an obligee under the
Convention:
(a) Recognition or recognition and enforcement of a foreign support order; (b) Enforcement of a support order issued or recognized in this state;
(c) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;
(d) Establishment of a support order if recognition of a foreign support order is refused under KRS § 407.5708(2)(b), (d), or (i);
(e) Modification of a support order of a tribunal of this state; and
(f) Modification of a support order of a tribunal of another state or a foreign country.
(3) The following support proceedings are available under the Convention to an obligor against which there is an existing support order:
(a) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;
(b) Modification of a support order of a tribunal of this state; and
(c) Modification of a support order of a tribunal of another state or a foreign country.
(4) A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention.
Effective: July 1, 2025
History: Amended 2023 Ky. Acts ch. 124, sec. 65, effective July 1, 2025. — Created
2015 Ky. Acts ch. 18, sec. 58, effective June 24, 2015.
(b) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.
Terms Used In Kentucky Statutes 407.5704 v2
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Foreign: when applied to a corporation, partnership, limited partnership, business trust, statutory trust, or limited liability company, includes all those incorporated or formed by authority of any other state. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(2) The following support proceedings are available to an obligee under the
Convention:
(a) Recognition or recognition and enforcement of a foreign support order; (b) Enforcement of a support order issued or recognized in this state;
(c) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;
(d) Establishment of a support order if recognition of a foreign support order is refused under KRS § 407.5708(2)(b), (d), or (i);
(e) Modification of a support order of a tribunal of this state; and
(f) Modification of a support order of a tribunal of another state or a foreign country.
(3) The following support proceedings are available under the Convention to an obligor against which there is an existing support order:
(a) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;
(b) Modification of a support order of a tribunal of this state; and
(c) Modification of a support order of a tribunal of another state or a foreign country.
(4) A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention.
Effective: July 1, 2025
History: Amended 2023 Ky. Acts ch. 124, sec. 65, effective July 1, 2025. — Created
2015 Ky. Acts ch. 18, sec. 58, effective June 24, 2015.