Kentucky State Law

1. General Program-At-A-Glance

1. How many local child support offices are in your state excluding agencies with cooperative agreements?

120.

2. What is the name of your IV-D agency?

Kentucky Division of Child Support Enforcement.

3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.

Kentucky uses judicial processes to establish an order and a combination of administrative and judicial processes to enforce an order. For Additional Information - No Link Provided

4. Does your state use the following applications: EDE, CSENET, QUICK?

Yes.

2. Duration Of Support

1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).

18, unless the child is a high school student when he/she reaches the age of eighteen (18). In cases where the child becomes emancipated because of age, but not due to marriage, while still a high school student, the court-ordered support shall continue while the child is a high school student, but not beyond completion of the school year during which the child reaches the age of nineteen (19) years. KRS 403.213(3). For Additional Information - https://legislature.ky.gov/Law/Statutes/Pages/default.aspx

2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.

See answer 1. For Additional Information - No Link Provided

3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.

No. For Additional Information - No Link Provided

4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.

Yes, Kentucky can enforce child support past the age of majority when the child is disabled, and the court has ordered support to continue, per KRS 405.020. For Additional Information - https://legislature.ky.gov/Law/Statutes/Pages/default.aspx

5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.

Marriage of the child would result in early termination of the child support obligation. KRS 403.213(3). For Additional Information - https://legislature.ky.gov/Law/Statutes/Pages/default.aspx

6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?

No, the current child support obligation does not end unless there is a court order terminating the current child support obligation.

7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.

No, not unless the court order provides for a "per child" amount.

8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.

No, Kentucky will not provide services to establish an order when the child is over the age of 18 but we will continue to enforce child support when the Court has ordered support to continue past the age of majority.

3. Statute Of Limitations

1. What is your state's statute of limitations for the collection of past-due support?

15 years from the date the current child support obligation ends for he last child covered by that order. For Additional Information - No Link Provided

2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.

The determination of paternity must begin within 18 years after the birth of a child. For Additional Information - No Link Provided

3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?

No. For Additional Information - No Link Provided

4. Support Details

1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)?

Income Shares Model. For Additional Information - No Link Provided

2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.

Yes, 12% compounded annually from the date of the judgment per KRS 360.40. CSE does not seek orders to charge and collect interest. CSE will collect interest only when a party has sought and obtained a Court order that includes interest. For Additional Information - No Link Provided

3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.

Yes, 12% compounded annually from the date of the judgment but only if ordered by the Court. For Additional Information - No Link Provided

4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.

No. For Additional Information - No Link Provided

5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?

Yes, if there is a judgment for the medical expenses.

6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?

Proof that the child is in the care of a different person/entity such as Court order placing the child in the care of another individual or agency or a notarized statement attesting to the living arrangements of the child. Once sufficient proof is received, depending on the rules of the local Court, Kentucky completes administrative or judicial action to redirect the support payments. There are a few local Courts in Kentucky that will not redirect payments unless there is an order giving another individual or agency legal custody of the child. For Additional Information - No Link Provided

6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain.

No. For Additional Information - No Link Provided

7. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?

No. In most Kentucky counties, upon receiving the proof described in #6, action is taken to redirect the support payments to the custodial party. There are only a few counties where the Judge/Court requires the custodial party to obtain legal custody before redirecting support. For Additional Information - No Link Provided

8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit?

Yes. For Additional Information - No Link Provided

9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.

No. For Additional Information - No Link Provided

5. Paternity/Parentage

1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.

No. For Additional Information - No Link Provided

2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?

99% or greater. For Additional Information - No Link Provided

3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).

KRS 406.091 states an unchallenged acknowledgment of paternity shall be ratified under KRS 213 without the requirement for judicial or administrative proceedings. The recission period is 60 days. KRS 213.046(4) states a voluntary acknowledgment of paternity has the same weight and authority as a judgement of paternity. For Additional Information - No Link Provided

4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.

Per KRS 406.011, a child born during lawful wedlock or within 10 months thereafter, is presumed to be the child of the husband and wife; however, a child born out of wedlock may include a child born to a married woman by a man other than her husband where evidence shows the martial relationship between the husband and wife ceased 10 months prior to the birth of the child. For Additional Information - No Link Provided

5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.

Yes, unless the case meets the criteria referenced in #4 or the voluntary acknowledgment of paternity is rescinded or challenged. For Additional Information - No Link Provided

6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe.

No.

7. What, if any, is the agency name and link for your state's putative fathers' registry?

Cabinet for Health and Family Services, Department for Community based Services, Division of Protection and Permanency. For Additional Information - https://chfs.ky.gov/agencies/dcbs/dpp/Pages/putativefather.aspx

8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?

Kentucky CSE can obtain and provide voluntary acknowledgment of paternity affidavits, paternity orders, and birth records to other IVD agencies at no cost. For Additional Information - No Link Provided

9. Does your state�s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?

If the other state submits the request to Kentucky CSE, there is no fee. Private individuals and other states who submit the request directly to the Kentucky Office of Vital Statistics must pay $10 (non-refundable search fee). For Additional Information - https://chfs.ky.gov/agencies/dph/dehp/vsb/Pages/purchase.aspx

9.1. Describe any circumstances under which these fees may be waived?

N/A. For Additional Information - No Link Provided

10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.

No.

11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.

N/A.

12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?

One packet if paternity has been established for all the children in the case. If one child has paternity established and one does not, two separate packets are required.

6. Support Order Establishment

1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?

Judicial.

1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.

Kentucky has the authority to establish support administratively after paternity has been established or in situations where paternity is not an issue; however, Kentucky does not utilize the administrative establishment process. KRS 205.792 and 405.430(4). For Additional Information - No Link Provided

1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.

All circumstances. KRS Chapter 205.712, 403.211 and 406. For Additional Information - No Link Provided

2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?

The other parent's income. For Additional Information - No Link Provided

2.1. What documentation is required as proof/evidence of this information?

Paystubs, tax returns, statement from employer or other income source

3. What criteria for rebutting your presumptive guidelines have been established in your state?

The Courts may deviate from the guidelines where their application would be unjust or inappropriate. Any deviation must be accompanied by a written finding or specific finding on the record by the Court specifying the reason for the deviation. A written finding or specific finding on the record that the application of the guidelines would be unjust or inappropriate in a particular case shall be sufficient to rebut the presumption and allow for an appropriate adjustment of the guideline award if based upon one (1) or more of the following criteria: (a) A child's extraordinary medical or dental needs; (b) A child's extraordinary educational, job training, or special needs; (c) Either parent's own extraordinary needs, such as medical expenses; (d) The independent financial resources, if any, of the child or children; (e) Combined monthly adjusted parental gross income in excess of the Kentucky child support guidelines; (f) The parents of the child, having demonstrated knowledge of the amount of child support established by the Kentucky child support guidelines, have agreed to child support different from the guideline amount. However, no such agreement shall be the basis of any deviation if public assistance is being paid on behalf of a child under the provisions of Part A of Title IV of the Federal Social Security Act; and (g) Any similar factor of an extraordinary nature specifically identified by the court which would make application of the guidelines inappropriate. For Additional Information - No Link Provided

4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).

Yes. In cases involving children born out of wedlock, support can be established retroactive to the date of birth of the child if the paternity action is initiated with the court prior to the child turning two years old. In all other actions, support may only be established retroactive to the filing of the court action. For Additional Information - No Link Provided

4.1. What information or documentation does your state require to proceed with establishing support for prior periods?

If the child is under the age of two and the child is born out of wedlock, proof that the parents were not together and /or jointly supporting the child. For Additional Information - No Link Provided

4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?

No.

4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.

See answer in #4. For Additional Information - No Link Provided

5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?

No. For Additional Information - No Link Provided

5.1. What about when public assistance is not being expended?

No.

6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?

Modification. For Additional Information - No Link Provided

7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.

No. If the local CSE office receives sufficient proof of the residency change from one parent to the other, Kentucky may proceed with action to address the support obligation. If there is an existing order that addresses custody, there are few local Courts in Kentucky that do require the custody order be changed before action can be taken to address the support obligation. For Additional Information - No Link Provided

7. Income Withholding

1. What are specific sources of income not subject to withholding?

Supplemental Security (SSI), certain veteran's benefits, TANF, grant or work study program income, and student loans. For Additional Information - No Link Provided

2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.

Yes, KRS 405.467(7). For Additional Information - No Link Provided

2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA?

No. For Additional Information - No Link Provided

2.2. What are the withholding limits for non-employees?

The withholding limits are the same as those identified in #2. For Additional Information - No Link Provided

3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii).

The employer may deduct, from the employee's pay, one dollar for each payment made pursuant to the order to recover their administrative costs. For Additional Information - No Link Provided

4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain.

No. For Additional Information - No Link Provided

5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?

Mailing. For Additional Information - No Link Provided

5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding?

The employer must implement the income withholding no later than the first pay period that occurs 14 working days following the mailing of the income withholding. For Additional Information - No Link Provided

6. When must an employer remit amounts withheld from an employee's pay?

The employer must remit the support payment to the State Disbursement Unit within seven working days from the date an amount is withheld. For Additional Information - No Link Provided

7. What are your state's sanctions for employers for not implementing income withholding?

Any person or corporation violating state statutes providing for income withholding shall be fined not more than $500 or be imprisoned in the county jail for not more than one year, or both. For Additional Information - No Link Provided

7.1. What are the penalties to an employer for failure to remit payments withheld?

Same as #7. For Additional Information - No Link Provided

8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents.

No. For Additional Information - No Link Provided

8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents.

The other jurisdiction may seek withholding of Kentucky UI benefits through a limited service request by sending the Transmittal #1, Child Support Agency Confidential Information form, a copy of the court order and an arrearage affidavit to the Kentucky Central Registry. For Additional Information - No Link Provided

9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents.

Kentucky law does not require Financial Institutions doing business in Kentucky to accept and honor freeze and seize actions from other states, however, another state may attempt to freeze and seize funds from Financial Institutions doing business in Kentucky without initiating a UIFSA action to Kentucky by sending the initiating state's appropriate freeze and seize documents to the matched Financial Institution. For Additional Information - No Link Provided

9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents.

The other jurisdiction may seek assistance through a limited service request by sending the Transmittal #1, Transmittal #3, a copy of the court order, an arrearage affidavit and bank account information to the Kentucky Central Registry.

10. How does a noncustodial parent contest an income withholding in your state?

The noncustodial parent has 10 calendar days from the issuance of the income withholding to submit a written request to their local child support office contesting the withholding. For Additional Information - No Link Provided

11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)

Prorated giving priority to current support first, then any remaining amount due on arrears.

12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums?

Kentucky follows federal law and deducts federal, state and local taxes, the employee's share of Social Security, Medicare and State Unemployment Insurance Tax and mandatory state employee retirement deductions from an individual's gross income to determine disposable income under CCPA. For Additional Information - No Link Provided

13. When does your state require the employer to send notice of an employee's termination?

The employer must notify CSE when an employee terminates employment and must provide the terminated employee's last known address and the new employer's name and address if known. State law does not specify a timeframe for sending this notice. For Additional Information - No Link Provided

14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate.

Collections are applied first to current child support, second to current medical support and third to current spousal support. KRS 405.467 For Additional Information - https://legislature.ky.gov/Law/Statutes/Pages/default.aspx

8. Distribution

1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.

No.

2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.

No.

3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?

State arrears first, PRWORA distribution rules.

4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?

If the arrears are within the same IVD case, Kentucky's distribution hierarchy would apply the payment to the Kentucky arrearage first then to any arrearage owed to the other state. If there two separate IVD cases, one including the arrearage owed to Kentucky and another including the arrearage owed to the other state, the payments would apply proportionately based on the ordered arrearage repayment amount.

4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?

Payments are prorated and distributed based on the ordered arrearage repayment amount. For Additional Information - No Link Provided

9. Enforcement

1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.)

Financial Institution Data Match, Unemployment Benefit Withholding and Property liens.

2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request?

In addition to the Transmittal #3, a copy of the Court order and an arrearage affidavit is required. Additional documentation may be required depending on the type of AEI request.

3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus?

KRS 205.768. For Additional Information - https://legislature.ky.gov/Law/Statutes/Pages/default.aspx

4. To which credit bureaus does your state report a noncustodial parent's child support information?

5. Is the method for credit bureau reporting judicial, administrative, or both?

6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?"

7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?

No.

8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?

Yes. The unassigned arrearage balance must be at least 1.5 times the current monthly obligation and $500. The assigned arrearage balance must be at least 1.5 times the current monthly obligation and $150.00.

9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?

Yes. $500.00.

10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?

Yes, but our agency will not initiate action to seize the insurance settlement on cases where KY is the initiating state. $500.00.

11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount?

No.

12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount?

No.

13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial?

No.

14. Are the financial institution attachment procedures in your state judicial, administrative, or both?

Administrative.

15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt?

No. For Additional Information - No Link Provided

16. Is the financial institution attachment process in your state centralized and/or automated?

Both.

17. What are the criteria to attach an account in a financial institution in your state?

The noncustodial parent must owe past-due support equal to or greater than one (1) month's obligation.

18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain.

No. For Additional Information - No Link Provided

19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required.

The child support agency in the other state must send a limited service request to Kentucky Central Registry seeking assistance with levying the bank account. The request must include a Transmittal #1, Transmittal #3, Child Support Agency Confidential Information Form, copy of the court order, arrearage affidavit and bank account information.

20. Does your state's income withholding definition include amounts in financial institutions?

No. For Additional Information - No Link Provided

21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both?

Yes. Kentucky CSE notifies the noncustodial parent For Additional Information - No Link Provided

22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency?

35 calendar days. For Additional Information - No Link Provided

23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames.

Yes. If the noncustodial parent requests an administrative hearing, per KRS 405.490(6), Kentucky CSE must hold the asset pending the outcome of the hearing. For Additional Information - No Link Provided

24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain.

100% for single and joint accounts. For Additional Information - No Link Provided

25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment?

The noncustodial parent has 20 days from the date they receive the notice to contest the action. For Additional Information - No Link Provided

26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow.

No. For Additional Information - No Link Provided

27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?

The noncustodial parent must owe a child support arrearage equal to or greater than six months of nonpayment. For Additional Information - No Link Provided

28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?

The noncustodial parent must the arrearage in full, make payments on the child support arrearage in accordance with a payment agreement, court order or administrative order, comply with a child support related subpoena or warrant, or when a suspension is reversed through the administrative appeal process.

29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?

No.

30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.

Same criteria as driver's license suspension. Kentucky CSE works with various state boards and licensing agencies to suspend professional licenses such as nursing, real estate, barber, hairdresser, liquor, pharmacist, etc.

31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?

Same criteria as driver's license reinstatement.

32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?

No.

33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.

Same criteria as driver's license suspension. Hunting and Fishing Licenses.

34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?

Same as driver's license reinstatement

35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?

No. For Additional Information - No Link Provided

36. What are the criteria for initiating/filing a lien in your state?

The noncustodial parent must owe an arrearage equal to support payable for one month. For Additional Information - No Link Provided

37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.

Administrative.

38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe.

No. For Additional Information - No Link Provided

39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination.

Administrative.

40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?

Yes. Lottery winnings.

40.1. If yes, is this enforcement judicial, administrative, or both?

Administrative.

41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?

None.

42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?

Contempt and criminal nonsupport.

10. Modification And Review/Adjustment

1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.)

Every three years upon request of either party or when the family receives TANF. Prior to three years upon request of either party when there is proof of a substantial change in circumstance. For Additional Information - No Link Provided

2. What is your state's modification procedure? Briefly describe.

The parties are sent a Notification of Right to Request Review every three years. If the parties request a review, they must do so in writing. Upon receipt of the written request, the local CSE office sends a modification packet to the parties to gather information such as income, daycare expenses, health insurance costs, etc. Upon receipt of this information from the parties or other sources, the local CSE office completes a guideline calculation to determine if a modification is warranted. If a modification is warranted, the local CSE office may contact the parties to determine if they are willing to sign an agreed order. If an agreement cannot be reached, the local CSE office files a motion for modification with the court. CSE uses this same procedure to review and modify TANF cases except the agency is initiating the review instead of one of the parties. For Additional Information - No Link Provided

3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)?

15% increase or decrease from the current amount ordered. For Additional Information - No Link Provided

4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?

For Additional Information - No Link Provided

4.1. The earnings of the noncustodial parent have substantially increased or decreased.

Yes.

4.2. The earnings of the custodial parent have substantially increased or decreased.

Yes.

4.3. The needs of a party or the child(ren) have substantially increased or decreased.

No. For Additional Information - No Link Provided

4.4. The cost of living has changed.

No.

4.5. The child(ren) has extraordinary medical expenses not covered by insurance.

No.

4.6. There has been a substantial change in childcare expenses.

Yes.

4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?

Change in health insurance costs, a child needs to be added or removed from the guideline calculation, the support obligation was set by default, the child(ren) begins receiving a social security payment based upon the noncustodial parent's disability claim or the current support obligation was set using zero income for one or both parents and now circumstances have changed to allow the use of imputed or actual income. Examples include instances when at the time support was set the noncustodial parent was incarcerated or the child in the case was age three or younger and the custodial parent was not working so he/she could care for the child. For Additional Information - No Link Provided

5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).)

No.

6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).)

No. For Additional Information - No Link Provided

11. Lump Sum Payments

1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.)

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. KRS 405.465(6)(b) and 427.005(1). For Additional Information - No Link Provided

2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule.

Yes. KRS 405.465(6). For Additional Information - https://legislature.ky.gov/Law/Statutes/Pages/default.aspx

3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?

Kentucky uses the federal income withholding order for employer bonuses and worker's compensation and federal Notice of Lien for personal injury.

12. Cost Recovery And Fees

1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe.

No.

1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.)

N/A.

2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe.

No.

3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below.

3.1. Is it retained by the state from support collected?

Yes.

3.2. Is it paid by the individual applying for child support services?

No.

3.3. Is it recovered from the noncustodial parent?

No.

3.4. Is it paid by the state out of its state funds?

No.

13. Insurance Match

1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)

No. For Additional Information - No Link Provided

2. What criteria must a noncustodial parent meet to be eligible for your state�s participation in the federal insurance match program?

The arrearage must be equal to or greater than $500.

3. What process does your state use to intercept insurance payments?

The federal Notice of Lien is used for personal injury claims and the federal IWO is used for Worker's Compensation claims. For Additional Information - No Link Provided

4. How does another state initiate and intercept collections from your state�s workers� compensation agency?

The withholding order is not sent directly to Kentucky's worker's compensation agency. Instead, the other state must send the withholding order directly to the worker's compensation carrier. When there is an intergovernmental case involving the other state and Kentucky is the responding state, Kentucky will initiate the appropriate action For Additional Information - No Link Provided

5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)?

Yes.

14. Family Violence

15. CSENet

1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).)

Yes.

2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).)

Yes.

3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).)

Yes.

4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).)

Yes.

5. Does your state send CSENet transactions to request interest information? (MSC R GRINT)

Yes.

6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

Yes.

16. Copies Of Orders And Payment Records

1. What are the procedures and associated costs for obtaining a certified copy of a court order?

Upon receipt of a request from another state, Kentucky CSE will obtain certified copies of court orders from the circuit court clerk's office and provide to the other state at no cost. For Additional Information - No Link Provided

2. What are the procedures and associated costs for obtaining a certified payment record?

Upon receipt of a request from another state, Kentucky CSE will provide certified payment records to the other state at no cost. For Additional Information - No Link Provided

17. Uniform Interstate Family Support Act (UIFSA)

1. What is the statutory citation for your state's enactment of UIFSA?

KRS 407.5203-407.5301. For Additional Information - https://legislature.ky.gov/Law/Statutes/Pages/default.aspx

2. How does your state define the tribunal (See UIFSA 103)?

A Court, administrative agency or quasi-judicial entity authorized under state law to establish, enforce, or modify support or to determine parentage. For Additional Information - No Link Provided

3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?

One.

4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?

Yes.

18. International - Reciprocity

1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.)

Bermuda, Jamaica, Mexico, New Zealand, Scotland, and South Africa.

2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.)

No

3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)?

Yes, Kentucky accepts direct applications.

19. International Information For Hague Convention Countries

1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).)

Yes, this is authorized under KRS 407.5706(2)(a). For Additional Information - No Link Provided

2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.

Yes. Kentucky is permitted to send and receive documents electronically except those that are originals, certified or notarized.

3. What methods of personal service does your state use?

Personal service is completed by law enforcement officials such a sheriff, constable, or Kentucky State Police Officer.

4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)

Childcare costs, health insurance and cash medical support. KRS 403.211(6) and (7). For Additional Information - No Link Provided

5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.

Yes. County offices utilize various methods to encourage amicable solutions between parents to promote voluntary payment of support such as, the use of mediation, conciliation, or similar processes. When the parties agree on the terms of the support order, an agreed order can be signed and submitted to the Court for entry instead of requiring the parties to appear in Court.

6. What circumstances will cause your state to end child support before the normal duration?

Termination of parental rights, adoption, marriage of the child, death of the child or noncustodial parent, reconciliation of the parties, genetic test exclusion or an order that states child support ends prior to the normal duration. For Additional Information - No Link Provided

20. International Payments

1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case?

Paper check.

2. What actions does your state take to reduce the costs and fees associated with international payment processing?

None.

3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions.

No.

21. Tribal Non IV-D

1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program?

No.

1.1. If yes, list the tribes and identify services provided, if less than full services.

N/A. For Additional Information - No Link Provided

2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs?

No.