Ky. Cir. Ct. Clerks' Manual UIFSA UNIFORM INTERSTATE FAMILY SUPPORT ACT

95 UIFSA UNIFORM INTERSTATE FAMILY

SUPPORT ACT

KRS Chapter 407

Circuit or Family Court Division of Circuit Court or District Court Process Map

 UIFSA actions may be filed in district, circuit or family court. KRS 407.5102.

 There are no filing fees in a UIFSA action. Quick Reference

No filing fees.

EXCEPTION: When the petition includes a request for the establishment

of paternity, file the case in the juvenile J section of district court. For

instructions on filing a paternity case, proceed to Paternity Proceedings Juvenile J section

section. Use case type PA.

Case type PA

95.1 Initiating Court

1. Apply the FILED stamp to the verified petition; add the date and your File, date, initial

initials.

2. Assign to a division using the procedure in your local court rules.

3. Refer to Case Add section of KyCourts Manual for instructions on

opening the case. Generate the next case number or use the next District Civil C cases

pre-numbered file folder for district civil C or circuit civil CI cases. or Circuit Civil CI

cases

4. Add the petition as a document using document type COM. Add any

additional documents as appropriate. Document type

COM

5. Open and close the case at the same time using a case type code of UR

and disposition type TRF.

Case type UR

6. Forward three (3) copies each of the verified petition and its Disposition type

accompanying documents to the responding state's tribunal or TRF

appropriate support enforcement agency in the respondent’s state, if

known; or, to the state information agency of the responding state with

a request that they be forwarded to the appropriate tribunal and that

receipt be acknowledged. Your county attorney or child support

prosecutor should provide you with the address and sufficient copies.

7. If you receive a court order entered in the responding court, apply the

FILED stamp; add the date and your initials and file the order by

completing a document screen using document type OO and memo

details. File, date, initial

Document type OO

8. Give a copy of the court order to the county attorney.

UIFSA UNIFORM INTERSTATE FAMILY SUPPORT ACT

95.2 Responding Court

1. When your court is the responding court you will receive three copies of Quick Reference

a verified petition and any accompanying documents from the initiating

court. Mail or hand deliver a copy to your county attorney or child

support prosecutor.

File, date, initial

2. Apply the FILED stamp to the verified petition; add the date and your

initials.

3. Assign to a division using the procedure in your local court rules.

4. Refer to Case Add section of KyCourts Manual for instructions on

opening the case.

District Civil C or

5. Generate the next case number or use the next pre-numbered file folder Circuit Civil CI cases

for district civil C or circuit civil CI cases. Use case type UR or SUPIV. Case type UR or

6. Add the petition as a document using document type COM. SUPIV

Document type

7. If a hearing is scheduled in the case, complete the scheduled events COM

screen for the appropriate date.

8. Notify the petitioner where and when the petition was filed by copying

the petition that has been stamped FILED and mailing it to the

petitioner. KRS 407.5305(1). File stamp

9. Print a summons for the respondent and make a copy. Attach a copy of

the petition and/or other documents to be served to the copy of the Print summons

summons and deliver to the sheriff for service. CR 4.01(1)(b).

10. You are not required to make a copy of the summons for the case file;

the sheriff's return will provide a copy. CR 4.01(1)(b).

When a return of service is received:

1. Apply the FILED stamp to the summons; add the date and your initials. File, date, initial

Enter the date the officer served the defendant in the service date field Enter date

of the summons screen.

2. A civil summons may be issued on holidays and served on Sundays and

holidays. KRS 454.125.

When a signed judgment or order is received:

1. Apply the ENTERED stamp; add the date and your initials. Enter, date, initial

2. Enter the judgment or order on the document screen, including a brief

description as appropriate.

3. Serve notice of entry on the parties and enter the method of service and Notice of entry

date of service on the document screen.

UIFSA UNIFORM INTERSTATE FAMILY SUPPORT ACT

Quick Reference

4. If the judgment or order includes child support (AOC Form 152, Uniform

Child Support Order), add a document screen using document type AOC Form 152

OSUP (Order for Child Support) and/or OSUPW (Order for Wage/Benefit Document type

OSUP and/or

Withholding).

OSUPW

5. Place a copy of the order in a designated area (box or basket) in your

office for the Office of the Attorney General, Department of Child

Support Services. AOC Form 152 is a mandatory form.

6. In addition to the parties in the case, mail a copy to the initiating court.

7. When the judgment or order closes the case, complete the disposition Mail copy

date, disposition type, and the judge at disposition fields on the case

Close case

screen.

95.3 Registration of Order for Enforcement

95.3.1 Registration

KRS 407.5602 Do not collect fees

1. Do not collect filing fees.

2. When you receive a request for registration of a support order or

income-withholding order from another state or foreign support

order, the registering party will also submit for filing:

• A letter of transmittal requesting registration and

enforcement;

• Two copies, including one certified copy, of the order to be

registered, including any modification of the order;

• A sworn statement by the party seeking registration or a

certified statement by the custodian of the records showing

the amount of any arrearage;

• The name of the obligor and, if known, the obligor’s address Enter, date, initial

and social security number, the name and address of the

obligor’s employer, any other sources of income and the

description and location of any property in Kentucky not

exempt from execution; and

*Note: CR 7.03 requires that all but the last four digits of a

social security number be redacted and KRS 403.135 requires

the unredacted social security number to be filed under seal.

• The name and address of oblige and, if applicable, the person

to whom support payments are to be remitted.

UIFSA UNIFORM INTERSTATE FAMILY SUPPORT ACT

3. You should file the document(s) you receive for registration regardless

of form.

4. The order is the initiating document. Give a copy to your county

attorney or child support prosecutor.

5. Apply the ENTERED stamp to the order; add the date and your

initials.

6. Assign to a division using the procedure in your local court rules.

7. Refer to Case Add section of KyCourts Manual for instructions on

opening the case.

8. Generate the next case number or use the next pre-numbered file District Civil C or Circuit

folder for district civil C or circuit civil CI cases. Civil CI cases

9. File on a document screen using document type OSUPW. Open and Document type OSUPW

close at the same time using a case type code of OTH and a Case type OTH

disposition type OTH.

Disposition type OTH

10. When the support order includes a request for the establishment of

paternity and a paternity judgment is entered, seal the judgment in an

envelope and place in the file. Memo in the memo field of the

document screen where the judgment is entered, SD Sealed Memo SD

Document. See Paternity.

NOTE: A petition for modification of a support order may be filed at

the same time as a request for registration, or later. Follow the

procedures outlined in Responding Court.

95.3.2 Notice of Registration

1. The county attorney or child support prosecutor will file a Notice of File, date, initial

Affidavit of Foreign Support Order Registration. Apply the FILED

stamp; add the date and your initials.

2. File the notice and affidavit by completing a document screen using Document type NAFS

document type NAFS.

3. Attach a copy of the registered order and any documents and Mail order

relevant information accompanying the order. Mail to the

respondent/obligor by regular first-class mail.

4. If the registered order is an incoming withholding order, mail a copy Mail order

of the registered order to the obligator’s employer.

5. If a petition to vacate the registration is filed by the Document type MIS

respondent/obligor, file same by completing a document screen

using document type MIS.