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Affidavit in Kentucky Divorce or Child Custody Case

From time to time, I ask clients to let me help them to prepare a Divorce Affidavit to file with a Motion (or in response to an opposing party’s Affidavit).  An Affidavit is simply a sworn statement.  The statutes expressly require an Affidavit in a Custody or Divorce action when:

  1.  Temporary Maintenance (or Spousal Support or Alimony) is requested – Kentucky Revised Statute 403.160(1);
  2.  Temporary Child Support is requested – Kentucky Revised Statute 403.160(2);
  3.  a Temporary Injunction (or Restraining Order) is requested – Kentucky Revised Statute 403.160(3);
  4.  Temporary Child Custody is requested – Kentucky Revised Statute 403.280(1);
  5.  Modification of Custody within two (2) years of the last Order or Decree was entered – Two Affidavits required – KRS 403.340(2);
  6.  Modification of Custody after two (2) years since the last Order or Decree was entered – One Affidavit required – KRS 403.350; and
  7.  All ex parte Temporary Motions – Family Court Rules of Practice and Procedure 2(8).

In practice, I find that Family Court Judges, particularly in Louisville, prefer an Affidavit with contempt and modification of child support motions.  The way I tend to explain an Affidavit is that Family Court requires an entry level investment from parties on certain issues, particularly those surrounding their children.

The Affidavit is not evidence, but can be introduced at a Hearing.  The Affidavit does not replace testimony.  However, Family Court may issue a Temporary ruling based upon the Affidavit in Restraining Orders and Temporary Child Support.

I will work with you to prepare the documents you need before you appear in Kentucky Family Court in your Divorce or Child Custody case.  It is important that you tell the Court what is important to you in your Affidavit.  When you need help, please give me a call.  I am your Louisville Divorce Attorney.  Also, please feel free to learn more at or or if you are not ready to talk.  Thanks for reading.

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