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Law would allow Ky. women to start child support claims while pregnant

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FRANKFORT, Ky. (KT) - Legislation has been introduced during the 2024 regular session of the Kentucky General Assembly that would enable Kentucky women to initiate child support claims in a court of law while pregnant.

Under the provisions of the measure (House Bill 243), if the man named by the mother readily admits paternity, child support payments would begin immediately. If he disputes paternity, genetic testing would be done either prenatal or after the birth. If that testing proves he is the father, he would owe back payment to the time when the action was first filed in court.

Rep. Amy Neighbors, R-Edmonton, is the sponsor of the bill. "There are significant costs attached to pregnancy. Kentucky already ensures that fathers pay their fair share after the birth, but it is only fair that they be responsible for their share of the prenatal costs as well," she said.

A recent report issued by the nonpartisan Kaiser Foundation, which tracks health statistics, said the cost of an average pregnancy in the United States is more than $18,000, with out-of-pocket payments totaling close to $3,000. That only reflects the cost of healthcare, not including the necessities that must be purchased prior to bringing a child home from the hospital.

"Pregnancy can be a stressful time for a woman, both physically and mentally," Neighbors said. "An expectant mother should not have the additional stress of shouldering the entire financial burden simply because the father opts to shirk his responsibility."

Additionally, the bill directs the Cabinet for Health and Family Services to advise any women who are receiving public assistance of this law, should it pass. This language is included to ensure that the responsible party pays their fair share, thus reducing the financial burden on the state.

"To me, HB 243 is a common-sense approach to an issue that occurs far too often," she noted. "We have a system in place that works for child support after birth. Why should it not be utilized to take care of the costs that are incurred with pregnancy as well?"

The legislation has not yet been assigned to a committee. To read the entire text of HB 243 and follow it as it moves through the legislative process, please visit legislature.ky.gov

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