FCRPP 5.Maintenance

Last amended February 1, 2020 · Current through July 1, 2026 · Last verified September 8, 2026

In one sentenceFCRPP 5 requires a maintenance motion to arrive with five specific financial documents, and requires the responding party to file three of their own at least 24 hours before the hearing.

Full Text of FCRPP 5

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(1) Motions to Establish or Modify Temporary or Permanent Maintenance.

(a) All motions to establish or modify temporary or permanent maintenance shall be accompanied by the following:

(i) A statement from movant setting forth the amount of maintenance requested;

(ii) Copies of the movant's last three pay stubs or, if movant is self-employed, proof of the movant's current income;

(iii) An affidavit setting forth movant's monthly expenses and income and the monthly income of the party against whom the motion is brought, if known;

(iv) The most recently filed federal and state income tax return; and

(v) The notice of hearing accompanying the motion, which shall contain the following statement “You must file with the Court, at least 24 hours prior to the time of the hearing, copies of your last three pay stubs, or if self-employed, proof of your current income, your most recently filed federal and state income tax returns and an affidavit setting forth your monthly expenses and income.”

(b) At least 24 hours prior to the hearing, the responding party shall file with the court, and serve the movant with copies of the following information:

(i) His or her last three pay stubs or, if self-employed, proof of current income;

(ii) His or her most recently filed federal and state income tax returns; and

(iii) An affidavit setting forth his or her monthly expenses and income.

End

Amendment History

Kentucky publishes each rule’s amendment record as a “HISTORY” note beneath the rule, citing the Supreme Court order that adopted or amended it and that order’s effective date. It is reproduced verbatim below.

HISTORY: Adopted by Order 2020-1, eff. 2-1-20

Plain-English Summary

Maintenance turns on what each side earns and spends, so this rule front-loads the proof. A motion to establish or modify temporary or permanent maintenance must be accompanied by five things: a statement of the amount requested; the movant's last three pay stubs, or proof of current income if self-employed; an affidavit of the movant's monthly expenses and income and the other party's monthly income if known; the most recently filed federal and state income tax return; and a notice of hearing.

That notice does real work — it must carry a specified warning telling the other side exactly what they have to produce and when, in the rule's own words.

The responding party's obligation matches it: at least 24 hours before the hearing they file with the court and serve on the movant their last three pay stubs or proof of current income, their most recently filed federal and state income tax returns, and an affidavit of their monthly expenses and income. Neither side arrives at the hearing able to surprise the other with a number.

Frequently Asked Questions

What do I have to file with a maintenance motion in Kentucky?

Five things: a statement of the amount requested; your last three pay stubs or proof of current income if self-employed; an affidavit of your monthly expenses and income and the other party's income if known; your most recently filed federal and state income tax return; and the notice of hearing carrying the required statement.

What does the responding party have to produce?

At least 24 hours before the hearing, their last three pay stubs or proof of current income, their most recently filed federal and state income tax returns, and an affidavit setting forth their monthly expenses and income.

Does the same rule apply to temporary maintenance?

Yes. The rule covers motions to establish or modify temporary or permanent maintenance alike.

Source & verification. The rule text and amendment history are reproduced verbatim from the Kentucky Family Court Rules of Procedure and Practice (Ky. FCRPP FCRPP 5). Promulgated by the Supreme Court of Kentucky. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: maintenancealimony Kentuckyspousal supportpay stubsmotion to modify maintenance