Public-domain · open source
OpenJurist

KRS 405.060

Sale or conveyance in fraud of wife or child -- Transfer of income or property to avoid payment to child support creditor

Known as the The Representative Thomas J. Burch Safe Infants Act

The act spans §§ 405–405 (69 sections).

Applied in 2 court decisions — leading case Arthur v. Arthur (1981)

Most recently applied in Arthur v. Arthur (December 1981)

Effective: July 1, 2025 History: Amended 2025 Ky

(1) Any sale or conveyance made to a purchaser with notice or for the benefit of any religious society, if made in fraud or hindrance of the right of wife or child to maintenance, shall be void as against the wife or child.

(2) In any case where an obligor transfers income or property to avoid payment to a child support creditor, the transfer shall be indicia of fraud. Indicia of fraud creates a prima facie case that the transfer of income or property was to avoid payment of child support. Indicia of fraud shall be set forth by administrative regulation.

(3) In any case in which the Office of the Attorney General knows of a transfer by a child support obligor with respect to which a prima facie case is established, the Office of the Attorney General shall:

(a) Seek to void the transfer; or (b) Obtain a settlement in the best interests of the child support creditor.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.