| Kentucky State Profile |
|
| A. General/State-At-A-Glance |
| A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? |
| State Administered/State Operated. |
| A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? |
| A local office is located in each of the 120 counties. |
| A3. With what types of agencies do you have cooperative agreements? |
| Contracting Officials, Office of Attorney General, Special Prosecutors. |
| A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only? |
| Yes |
| A4.1. If yes, what is the statutory citation? |
Kentucky Revised Statutes 205.712(7). http://www.lrc.ky.gov/KRS/205-00/712.PDF
For Additional Information - http://www.lrc.ky.gov/KRS/205-00/712.PDF |
| A4.2. Did your State have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
| Yes |
| A4.3. If yes, please explain. |
| Per KY Bar Association, E-414, In order to establish the nonexistence of an attorney-client relationship, the contracting official must provide the recipient of IV-D services with enough information so that a reasonable person will understand that no attorney-client relationship exists. |
| B. UIFSA |
 |
|
| B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? |
| 03/23/1998 |
| B2. What is the effective date of your State's UIFSA? |
| 07/01/1998 |
| B3. What is the statutory citation for your State's Act? |
Kentucky Revised Statutes 407.
For Additional Information - http://www.lrc.ky.gov/krs/407-00/CHAPTER.HTM |
| B4. What version of UIFSA has your state implemented (i.e. the 1996 or 2001 version)? |
| 1996 |
| B4.1. If your state has implemented the 2001 version, when was it implemented? |
| |
| B5. Optional comments regarding your State's UIFSA. |
| |
| C. Reciprocity |
|
|
| C1. With what foreign countries does your State reciprocate? |
| Kentucky has declared reciprocity with Australia, Canada (Provinces of Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland/Labrador, Northwest Territories, Nova Scotia, Nunavut, Saskatchewan, Yukon and Ontario), Czech Republic, El Salvador, Finland, France, Germany, Hungary, Ireland, Jamaica, Japan, Mexico, Netherlands, Norway, Poland, Portugal, Slovak Republic, Sweden, Switzerland and United Kingdom (England & Wales, Scotland, Northern Ireland and Isle of Man). |
| C1.1. Does your State exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal only orders for foreign reciprocating countries? |
| No |
| C1.2. If yes, please explain. |
| |
| C2. Has your State established reciprocity with any Tribal courts? |
| No |
| C2.1. If yes, list the Tribes and identify services provided, if less than full services. |
| |
| D. Age of Majority |
|
|
| D1. What is the age of majority in your State? |
| 18, 19 if attending high school. |
| D2. What is the statutory citation for the age of majority? |
Kentucky Revised Statutes 403.213(3)
For Additional Information - http://www.lrc.ky.gov/KRS/403-00/213.PDF |
| D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. |
| 18, 19 if attending high school, but not beyond completion year of child's 19th birthday. |
| D3. Does the date of the order impact what law is applied? |
| No |
| D4. If yes, please explain. |
| |
| D4.1. Does child support end if the child leaves the household but does not emancipate? |
| No |
| D5. Optional comments regarding emancipation. |
| No |
| D5.1. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? |
| |
| D6. If yes, please explain. |
| Yes |
| D6.1. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? |
| Kentucky Revised Statutes 405.020 http://www.lrc.ky.gov/KRS/405-00/020.PDF If the child has a permanent physical or mental disability, the mother and father have joint custody and care of children who have reached age 18. |
| D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? |
| No |
| D7.1. If yes, please describe the procedure. |
| No, if a child support order states an individual amount for each child. Otherwise, the CP or NCP may request a review/modification to be done to adjust current support. |
| E. Statute of Limitations |
|
|
| E1. What is your State's statute of limitations for collection of past due support? |
| 15 years after the last child emancipates. Kentucky Revised Statutes 413.090 (1) http://www.lrc.ky.gov/KRS/413-00/090.PDF |
| E2. What is your State's statute of limitations for paternity establishment? |
Within 18 years after birth of the child. Kentucky Revised Statutes 406.031 http://www.lrc.ky.gov/krs/406-00/031.PDF
For Additional Information - http://www.lrc.ky.gov/krs/406-00/031.PDF |
| E3. Is dormancy revival/renewal possible? |
| No |
| E3.1. Please explain the circumstances when possible, and the length of time possible. |
| Not applicable. |
| F. Support Details |
|
|
| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, and Melson Formula)? |
Income Shares. Kentucky Revised Statutes 403.212 http://www.lrc.ky.gov/KRS/403-00/212.PDF
For Additional Information - No Link Provided |
| F2. Does your State charge interest on missed arrears? |
| Statutory rate of 12% and only if reduced to a judgment. |
| F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
| No, unless case referred to Kentucky State Revenue for enforcement of arrears (12% compound) or per order of the court. |
| F3. Does your State charge interest on retroactive support? |
| No |
| F3.1. If yes, please indicate the amount of interest charged and any related conditions. |
| From date of judgement. |
| F4. Does your State charge interest on adjudicated arrears? |
| No |
| F4.1. If yes, please indicate the amount of interest charged and any related conditions. |
Yes, only if court ordered. (Statutory rate of 12%)
For Additional Information - No Link Provided |
| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
| Yes |
| F5.1. If yes, under what circumstances? |
| If court ordered. |
| F6. Does your state elect to recover costs or charge fees in your IV-D State Plan? |
| No |
| F6.1. If yes, what costs are recovered from/fees charged to the obligee? |
| |
| F6.2. What costs are recovered from/fees charged to the obligor? |
| Not applicable. Please see F6 |
| F7. Does your State recover costs on behalf of the initiating State? |
| Yes |
| F7.1. Optional comments regarding recovering of initiating State's fees. |
| Will attempt to recover cost of DNA in paternity cases. |
| F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
KRS 407.5201.
For Additional Information - http://www.lrc.ky.gov/krs/407-00/5201.PDF |
| F9. Does your State establish, enforce, or modify spousal maintenance orders? |
| Yes |
| F9.1. If yes, under what circumstances? |
| Enforce only if spousal support is in the child support order. |
| F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? |
| No |
| F10.1. Optional comments regarding required information on spouse or partner. |
|
| F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have never received IV-A assistance? |
| Offsets the fee amount from the disbursement to the custodial parent. |
| F11.1. Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)? |
| Yes |
| F11.2 Does your State collect the fee from the individual applying for IV-D s.ervices? |
| Yes |
| F11.3. Does your State collect the fee from the absent parent? |
| No |
| F11.4. Does your State pay the fee out of its own funds? |
| Only if it cannot be offset from the custodial parent's disbursement. |
| F12. When will your State implement the required DRA limited-assignment provision? |
| Kentucky will implement the required DRA provision by October 1, 2009. |
| F13. Will your State pass through (and disregard for TANF eligibility purposes) the Excepted Portion to Families in Current Assistance cases? |
| No |
| F13.1. If yes, provide the date. |
|
| F14. Will your State participate in the pass through in Former Assistance cases? |
| No |
| F14.1. If yes, provide the date. |
|
| F15. Will your State discontinue eligible assignments under the DRA of 2005? |
| No |
| F15.1. If yes, list the eligible assignments your State would discontinue. |
| N/A |
| F15.2. When will your State discontinue each type of assignment? |
| N/A |
| F16. Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases? |
| PRWORA |
| F17. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee? |
| In Kentucky the money follows the child. We require documentation showing that TANF benefits have been approved for the child in the household of a different recipient/caretaker. If the administrative form "Notice of Assignment or Authority to Collect" is not acceptable, we ask for a re-direct of payment to be done judicially. |
| F17.1. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid-only with a different payee? |
| Documentation showing that medical benefits have been approved for the child in the home of a new recipient/caretaker. If the administrative form "Notice of Assignment or Authority to Collect" is not acceptable, we ask for a re-direct of payment to be done judicially. |
| F17.2. What are your State's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only? |
| A court order of custody or guardianship is preferred, however, proof of residency such as school records may be sufficient. if the administrative form "Notice of Assignment or Authority to Collect" is not acceptable, we ask for a re-direct of payment to be done jusicially. |
| F17.3. How does your State collect the $25.00 annual fee on never-TANF cases? |
| The $25 is retained by the State from support collected on behalf of the individual. |
| G. Income Withholding |
|
|
| G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
| Income Withholding or Wage Withholding |
| G2. What specific source of income is not subject to withholding? |
TANF, SSI, VA Disability.
For Additional Information - http://162.114.4.13/krs/titles.htm |
| G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
| No |
| G3.1. If yes, what are those limits? |
| |
| G4. What is the allowable fee per pay period for processing income withholding payments? |
$1 Kentucky Revised Statutes 405.465(4) http://www.lrc.ky.gov/KRS/405-00/465.PDF
For Additional Information - No Link Provided |
| G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
| First pay period occurring 14 working days after date of notice. |
| G6. What is the date by which an employer must remit amounts withheld from an employee's pay? |
| 7 days from date payments are withheld. |
| G7. What are your State's procedures for sanctioning employers for not implementing income withholding? |
| Notification sent to Office of General Counsel requesting enforcement action against the employer for noncompliance. |
| G8. What is the penalty to an employer for failure to remit payments withheld? |
| A fine of not more than five hundred dollars ($500) or be imprisoned in the county jail for not more than one year, or both. |
| G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines? |
| No |
| G9.1. If yes, list the name and address for the contact who will receive the direct income withholding order. |
| |
| G9.2. Optional comments regarding direct withholding of UI benefits across state lines. |
| |
| G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines? |
| Yes |
| G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
| |
| G11. How does an obligor contest income withholding in your State? |
| Contact local contracting official's office. |
| G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). |
| All orders are treated the same. Kentucky Revised Statutes 405.467(7) http://www.lrc.ky.gov/KRS/405-00/467.PDF |
| G12.1. If an employer in your State receives more than one income withholding order for child support from other States; can the employer request your assistance? |
| Yes |
| G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
Assistance is available per Kentucky Revised Statutes 405.467.
For Additional Information - http://www.lrc.ky.gov/KRS/405-00/467.PDF |
| G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
| No |
| G14. When does your state require the employer to send notice of an employee's termination? |
Promptly. Kentucky Revised Statutes 405.465(5) http://www.lrc.ky.gov/KRS/405-00/465.PDF
For Additional Information - No Link Provided |
| G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
| No law or policy. |
| G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
| No. |
| G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
| No. |
| G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? |
Yes, the employer and worker's compensation.
For Additional Information - No Link Provided |
| G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. |
Current support is paid first, then medical support. Medical support is not withheld if there is not enough money for the entire health insurance premium amount.
For Additional Information - No Link Provided |
| H. Paternity |
|
|
| H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
| No |
| H1.1. If yes, please explain. |
| |
| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
99% Kentucky Revised Statutes 406.111 http://www.lrc.ky.gov/krs/406-00/111.PDF
For Additional Information - No Link Provided |
| H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
| Conclusive after 60 days. |
| H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
| 07/15/1996 |
| H4.1. Were acknowledgments prior to that effective date rebuttable? |
| Yes |
| H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
| |
| H5. Does marriage constitute a rebuttable presumption of paternity? |
| Yes |
| H5.1. If yes, how is the presumption rebutted? |
| Completing Rescission of Acknowledgment of Paternity form within 60 days. |
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? |
| Yes |
| H6.1. If no, briefly explain. |
After 7/15/96, yes. Before 7/15/96, no, a paternity judgment had to be entered.
For Additional Information - No Link Provided |
| H7. Does your State have any other paternity-related presumptions? |
| Yes |
| H7.1. If yes, briefly explain. |
The father of a child born out of wedlock has the same liabilities as the father of a child born in wedlock. KRS 406.011 http://www.lrc.ky.gov/krs/406-00/011.PDF
For Additional Information - No Link Provided |
| H8. Does your State have a putative fathers' registry? |
| No |
| H8.1. If yes, what is the name of that entity? |
| |
| H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
| Yes |
| H9.1. If yes, please describe any circumstances under which these fees may be waived. |
None. Kentucky Revised Statutes 213.141 http://www.lrc.ky.gov/krs/
213-00/141.PDF |
| H10. Is common law marriage recognized in your State? |
| No |
| H10.1. If yes, briefly describe the standard that defines common law marriage. |
Kentucky Revised Statutes 402.005 http://www.lrc.ky.gov/KRS/402-00/005.PDF
For Additional Information - No Link Provided |
| H10.2. When did your current common law standard go into effect? |
| |
| H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
| N/A |
| H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
| Written, telephone, audiovisual, or other electronic means as designated by the tribunal. |
| H12. Please give the statutory citation for your State's long arm statute and list any special provisions. |
Kentucky Revised Statutes 407.5201.
For Additional Information - http://www.lrc.ky.gov/krs/407-00/5201.PDF |
| H13. Does your State recover genetic testing costs for other States? |
| Yes |
| H13.1. If so, please explain. |
| The initiating state is responsible for buccal swabbing and analyzing the DNA samples. The responding state is responsible for the cost of expert witness testimony; depositions; and, if applicable, a paternity trial. If paternity is established in the responding state, the IV-D agency in the responding state must attempt to obtain a judgment for the costs of genetic testing from the party who denied paternity, or, at state option, from each party so long as the total amount requested does not exceed the actual costs of the genetic tests. If genetic testing costs are recovered, the responding state must reimburse the initiating state. Kentucky Revised Statutes 205.712 http://www.lrc.state.ky.us/krs/205-00/712.PDF |
| H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
| Voluntary Acknowledgment of Paternity and the Affidavit of Paternity. KRS 213.046 |
| H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
| Paternity is rebuttably presumed for the eariler of 60 days or the date of the administrative or judicial proceeding relating to the child. |
| H16. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
| One completed UIFSA packet, but will need a separate paternity affidavit for each child. |
| I. Support Order Establishment |
|
|
| I1. Does your State use an administrative, a judicial or a combined process to establish a support obligation? |
| Both |
| I1.1. If your State can establish under both, under what circumstances would the administrative process be used? |
| Determined by local worker. |
| I1.2. Under what circumstances would the judicial process be used? |
| Determined by local worker. |
| I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
KRS 205.712
For Additional Information - http://www.lrc.state.ky.us/krs/205-00/712.PDF |
| I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
Custodial parent. A payment received by a child as a result of a parental disability shall be credited against the child support obligation of that parent.
For Additional Information - No Link Provided |
| I3. What criteria for rebutting your presumptive guidelines have been established in your State? |
Court may deviate from guidelines but must write a specific finding why.
For Additional Information - No Link Provided |
| I4. Will your State establish support orders for prior periods? |
| Yes |
| I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? |
| To birth of child if age 4 or under in paternity cases. KRS 406.031(1) |
| I4.2. What information or documentation does your State require to proceed? |
Complete UIFSA Packet.
For Additional Information - No Link Provided |
| I4.3. Will your State allow a petition for support when the only issue is retroactive support? |
| No |
| I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. |
| Will only set retroactive support back to date petition was filed or back to birth of child if under age four (4) in paternity cases. |
| I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? |
Paternity, establishment, modification, and enforcement.
For Additional Information - No Link Provided |
| I6. What is your State's statutory authority for the administrative process? |
Kentucky Revised Statutes 205.712
For Additional Information - http://www.lrc.state.ky.us/krs/205-00/712.PDF
|
| I7. Is there a local State law that allows an interstate administrative subpoena? |
Kentucky Revised Statutes 205.712 http://www.lrc.state.ky.us/krs/205-00/712.PDF
For Additional Information - No Link Provided |
| I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
No.
For Additional Information - No Link Provided |
| I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
| No |
| I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
| No |
| I11. When your State has issued an order that reserves support, and now child support should be ordered, should the other State request an establishment or a modification action? |
| Modification |
| J. Support Enforcement |
|
|
| J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both? |
|
| J1.1. Are your State income tax refund procedures judicial, administrative, or both? |
| Administrative. |
| J2. Is the lien process in your State judicial, administrative or both? |
| Administrative and Judicial. |
| J2.1. What are the trigger criteria for filing a lien? |
Arrearage equal to one (1) month and support has been assigned to the Cabinet for Health and Family Services.
For Additional Information - No Link Provided |
| J2.2. Where are your State liens filed? |
| County clerk where title is located or county where property is located. |
| J2.3. Does your State charge a fee for filing a lien? |
| Yes |
| J2.4. If yes, please indicate the amount. |
| Varies county to county |
| J.3. Does your State enforce property seizure and sale? |
| Yes |
| J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
| Both |
| J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? |
| Both |
| J4.1. When must a NCP receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect delinquent child support? |
| When a case is delinquent. |
| J4.2. Does your State's income withholding definition includes amounts in financial institutions? |
No
For Additional Information - No Link Provided |
| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
| Yes |
| J4.3.1 If yes, who notifies the NCP, the State or financial institution? |
| State |
| J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? |
| Sent to the noncustodial parent two (2) days after the freeze notice is sent to the financial institution. Kentucky Revised Statutes 205.778 http://www.lrc.state.ky.us/krs/205-00/778.PDF |
| J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? |
| The arrearage balance must be either 6 months obligation or $1,000, whichever is less, and the NCP is not complying with the most recent assigned order. 921 Kentucky Administrative Regulations 1:140 http://www.lrc.ky.gov/kar/921/001/410.htm |
| J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
$1,000 or 6 months, whichever is less.
For Additional Information - No Link Provided |
| J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? |
| $1,000 or 6 months, whichever is less. |
| J5.3. 1. If yes, please provide the time frame. |
| See above. |
| J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
| No |
| J5.4.1. If yes, please provide the percentage. |
| |
| J5.4.2. Is the percentage different for joint accounts? |
| No |
| J5.4.3. If yes, please define. |
| |
| J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please provide the amount. |
| No |
| J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
| Not applicable |
| J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? |
20 working days. Kentucky Revised Statutes 405.490 http://www.lrc.ky.gov/KRS/405-00/490.PDF
For Additional Information - No Link Provided |
| J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State child support agency or court to challenge the Freeze and Seize action? |
| Not applicable. |
| J5.9. On what basis can an obligor and/or other account holders challenge/contest a freeze and seize action? |
Based on mistake of fact
For Additional Information - No Link Provided |
| J5.10. Is your State's complaint review process judicial, administrative or both? |
| Administrative |
| J5.11. What are your State's penalties for incorrect seizures? |
| None |
| J5.12. Is the second challenge administrative, judicial or both? |
| Second Challenge is not used so not applicable. |
| J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
| The obligor must request a hearing within 20 days of receiving the notice with no unique requirements and no recourse for the non-debtor. |
| J5.14. Is the Freeze and Seize operation in your state centralized or automated? |
| The local judicial and state caseworkers complete the freeze and seize actions. The process is not automated. |
| J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? |
| Within the 20-day appeal timeframe, the obligor can make arrangements to pay the arrearage, post a bond or enter into a set payment agreement to pay the arrearage. |
| J5.16. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
| No |
| J5.16.1. If yes, what is the amount? |
| |
| J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
| No |
| J5.17.1 If yes, please provide the State statutory citation and the procedures financial institutions should follow to liquidate non-liquid assets. |
| For Additional Information - No Link Provided |
| J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
Yes. Kentucky Revised Statutes 205.776 http://www.lrc.state.ky.us/krs/205-00/776.PDF
For Additional Information - No Link Provided
|
| J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency? |
15 days. Kentucky Revised Statutes 405.490(2) http://www.lrc.ky.gov/KRS/405-00/490.PDF
For Additional Information - No Link Provided |
| J6. Does your State withhold State funds or benefits? |
| Yes |
| J6.1. If yes, is the method of withholding State benefits judicial, administrative, or both? |
| Both |
| J7. Please describe any other administrative enforcement procedures your State may have. |
| Income Withholding; Medical Support Withholding; Passport Denial; Vehicle Booting; Administrative Subpoena; Most Wanted Poster; and Delinquent Listing of Obligors, Drivers and Professional License suspension and/or revocation; suspension of hunting and fishing license. Kentucky Revised Statutes 405.405 - 405.530 |
| J8. Please describe any other judicial enforcement procedures your State may have. |
| Flagrant Non-support, USA Attorney. |
| J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? |
Lien must be filed in the county where the property is located.
For Additional Information - http://162.114.4.13/krs/titles.htm |
| J10. Which of our State's enforcement remedies are available without registration? |
| See J1 through J9. |
| J11. Describe your State's registration and enforcement procedures. |
| Judicial procedure required. |
| J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. |
| May require additional hearings. |
| J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
| No |
| J13.1. If yes, please provide the statutory citation. |
| For Additional Information - http://162.114.4.13/krs/titles.htm |
| J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States? |
| No. |
| J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
| Transmittal #1 and a copy of the support order. |
| J15. Does your State use credit bureau reporting as an enforcement method? |
|
| J15. Does your State use credit bureau reporting as an enforcement method? |
| No |
| J16. Provide which credit bureaus your State report an obligor's child support information? |
| Not applicable |
| J16. Provide which credit bureaus your State report an obligor's child support information? |
|
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
|
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
| Not applicable |
| J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? |
|
| J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? |
| Not applicable |
| J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? |
|
| J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? |
| Not applicable |
| K. Modification and Review/Adjustment |
|
|
| K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? |
| Notify parties every 3 years of their right to request a review. |
| K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
| Upon request of CP, NCP or IV-D Agency. |
| K3. Briefly describe your State's modification procedure. |
| Verify income of both parties, apply guidelines, add medical support order and advise parties of result. |
| K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
| 15% deviation from present order amount and if the existing support order is 3 years or more older. If the order is less than 3 years old, the party requesting the modification must verify "substantial change of circumstance". |
| K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
|
| K5.1. The earnings of the obligor have substantially increased or decreased. |
| Yes |
| K5.2. The earnings of the obligee have substantially increased or decreased. |
| Yes |
| K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
| Yes |
| K5.4. The cost of living as measured by the Federal Bureau of Labor Statistics has changed. |
| No |
| K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
| Yes |
| K5.6. There has been a substantial change in child care expenses. |
| No |
| K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances? |
| Based on financial circumstances of parties. |
| K6. Does your State have cost of living adjustments (COLAs)? |
| No |
| K6.1. If so, what index does your State use? |
| |
| K7. How does your State credit SSA disability to current and past due support? |
| SSA benefits are used as income when calculating obligation. |
| K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the non-custodial parent is in prison, etc. |
| Yes |
| K8.1. If yes, please explain the situation? |
| Unemployment, incarceration, institutionalization, unable to locate NCP or NCP receives public assistance. |
| K8.2. What is the statutory citation for your abatement law? |
Courts discretion.
For Additional Information - No Link Provided |
| K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
| N/A |
| K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
| An application must be made to the State Register's Office. A fee not to exceed $10.00 to obtain a copy of a birth record. http://chs.ky.gov/publichealth/vital.htm |
| K9. What information is required to register an out-of-State order for enforcement/modification? |
| Required UIFSA documents. |
| L. Lump Sum Payments |
|
|
| L1. Does your State define a lump sum payment? |
| Yes |
| L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
| "Lump sum payment of any kind" means a lump sum payment of earnings as defined in Kentucky Revised Statutes 427.005 (Compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments pursuant to a pension or retirement program). |
| L1.2 Provide the statutory citation. |
Kentucky Revised Statutes 405.465(6)(b)
For Additional Information - http://www.lrc.ky.gov/KRS/405-00/465.PDF |
| L2. Does your State law require employers to report lump sum payments? |
| Yes |
| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
For employers with 20 or more employees. Kentucky Revised Statutes 405.465(6)(a) http://www.lrc.ky.gov/KRS/405-00/465.PDF
For Additional Information - No Link Provided |
| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
| Yes |
| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
| $150 and over. |
| L4. How are employers instructed to report a pending lump sum? |
| By FAX to (502) 564-5988. Must include all information along with contact person name and phone/fax numbers. |
| L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
| 45 days from scheduled date of payment to NCP. Kentucky Revised Statute 405.465(6)(a) http://www.lrc.ky.gov/KRS/405-00/465.PDF |
| L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
| 30 days from scheduled date of payment to NCP. |
| L7. Does your State use the income withholding order to attach the lump sum payment? |
| Yes |
| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
| Can be used if prior knowledge of lump sum payments available to NCP. |
| L8. Does your State use the lien/levy process to attach the lump sum payment? |
| Yes |
| L8.1 If yes, what is the name of the document your State uses to attach lump sum payment? |
| Suggested process: Non-Wage Garnishment Order (takes less time) or court order. |
| L9. What other documents does your State use to attach lump sum payments? |
| |
| L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
| Yes |
| L10.1 If yes, what are those limits? |
KRS 405.467(6), applies to wage withholding KRS 405.470, applies to administrative withhold and deliver.
For Additional Information - No Link Provided |
| L10.2 If no, what percentage is the employer required to withhold? |
| |
| L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
| Yes |
| L11.1 If yes, would the employer only withhold for that period's obligation? |
| Yes. KRS 405.465 6(b) |
| M. Insurance Match |
|
|
| M1. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided. |
| For Additional Information - http://www.dol.gov/esa/whd/regs/compliance/whdfs30.pdf |
| M1.1. Additional information on the CCPA. |
| For Additional Information - http://www.dol.gov/dol/allcfr/Title_29/Chapter_V.htm |
| M2. Does your State have legislation that requires/mandates insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? |
| Yes |
| M2.1. If yes, provide the statutory citation |
KRS 205.772(1) and 6(c)
For Additional Information - No Link Provided |
| M2.1.2. Provide a list of information that the insurer is required to provide, exchange, or look-up with your State IV-D agency. |
| |
| M2.2. Provide the required timeframe that an insurer must provide, exchange, or look-up information prior to making payments to the claimant. |
| Yes |
| M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)? |
| No |
| M2.4. Is there a monetary threshold that must be met for the obligor to be eligible for your State's insurance match program? Please provide the dollar amount and/or percentage of the threshold. |
| N/A |
| M2.5. Provide a description of the steps the law requires an insurer to take to determine whether a claimant owes past due child support (e.g., insurers are required to log into a secure web application and enter identifying information about the claimant). |
| |
| M2.6. Please provide the wording of any other provision in your State law that specifies an alternative method or measure that an insurer may take to comply with the terms of the State law requiring the insurer to either provide, exchange, or look-up information with your State IV-D agency to determine if the claimant owes past due child support (e.g., if the insurer participates in the OCSE Insurance Match Program, the requirement is satisfied). |
| Administrative Order to Withhold and Deliver, Judicial non-wage garnishment |
| M2.7. Does your State law establish a penalty for an insurer who fails to comply with a requirement to provide, exchange, or look-up information with the State IV-D agency to determine whether a claimant owes past-due child support? If so, provide a summary of that law. |
Yes.
For Additional Information - No Link Provided |
| M2.8. Does your State law protect an insurer from liability for acting in accordance with the insurance match law? |
| Limited to KRS 427.110. |
| M2.9. If there is no law in place, has your State proposed or introduced legislation to require/mandate insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? |
6 months obligation, or $1,000.
For Additional Information - No Link Provided |
| M3. If there is no law in place, are the insurers required to respond to subpoenas/ requests for information and liens/levies or IWOs? |
| No, except for KRS 427.110 |
| M3.1. Please provide the statutory citation. |
N/A
For Additional Information - No Link Provided |
| M4. List the form(s) your State uses to intercept insurance payments, settlements, or awards. (e.g., IWO, Notice of Lien/Levy). |
| No |
| M5. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency? |
| N/A |
| M5.1. Please provide your statutory citation for notifying an NCP of insurance intercept. |
Child Support Enforcement is required to provide notice.
For Additional Information - No Link Provided |
| M5.2. Once notified, is there an appeal period allocated and if so, indicate the number of days the NCP has to appeal. Please provide the statutory citation. |
KRS 205.778(1) & (2)
For Additional Information - No Link Provided |
| M6. Are there attorney fees associated with the insurance intercept activity? |
| Yes |
| M7. How does another State initiate and intercept collections from your State Workers Compensation agency? |
| KRS 205.730(5) |
| M7.1. What is the process, the points of contact, and what forms must be completed? |
| Yes, but it's limited (only a few insurer's participate). |
|
