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Kentucky State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
120.
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes
A2.1. If yes, what is the statutory citation?
Kentucky Revised Statutes 205.712(7).
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A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
Yes.
A2.3. 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 statutory citation for your state's UIFSA?
Kentucky Revised Statute, Chapter 407.
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B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
One original and one copy of the UIFSA forms, and one original and one certified copy of the orders, payment record and arrearage affidavit.

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
Mexico, England, Australia, Canada - province of Quebec, France, Jamaica, Bermuda, Germany, South Africa, Scotland, Prince Edward Island, New Zealand, Sweden, Wales, as well as any country who has ratified the Hague Treaty on the International Recovery of Child Support.
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.
N/A.
C2. Has your state established reciprocity with any Native American tribal courts?
No
C2.1. If yes, list the tribes and identify services provided, if less than full services.
N/A.
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
Yes
C4. 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).) **

D. Age of Majority

D1. What is the age of majority in your state?
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.
D2. What is the statutory citation for the age of majority?
Kentucky Revised Statutes 403.213(3)
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D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
See D1.
D4. Does the date of the order determine the law that is applied?
No
D4.1. If yes, please explain.
N/A.
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
N/A.
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, please explain.
Kentucky Revised Statute 405.020. 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 otherwise emancipates?
No
D7.1. If yes, please describe the procedure.
N/A.
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
Yes, if there is an order.
D8.1 If not, how does this affect interstate referrals?
N/A.

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 Statute 413.090 (5) http://www.lrc.ky.gov/KRS/413-00/090.PDF
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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
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E3. Is dormancy revival/renewal possible?
No
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
N/A.
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F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Shared Income Model. Kentucky Revised Statute 403.212 http://www.lrc.ky.gov/KRS/403-00/212.PDF
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F2. Does your state charge interest on arrears?
No
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
No, however, Kentucky Revised Statute 360.040 allows interest to be charged at the rate of 12 percent compounded annually from the date of a judgment.
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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.
N/A.
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.
No, however, Kentucky Revised Statute 360.040 allows interest to be charged at the rate of 12 percent compounded annually from the date of a judgment.
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F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
Yes
F5.1. If yes, under what circumstances?
If there is a judgment for the medical expenses.
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 or fees charged to the obligee?
N/A.
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
N/A.
F7. Does your state recover costs on behalf of the initiating state?
Yes
F7.1. Optional comments regarding recovery of initiating state's fees.
Kentucky will attempt to recover the cost of DNA testing in paternity cases.
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
Kentucky Revised Statute 407.5201.
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F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes
F9.1. If yes, under what circumstances?
Enforcement only. Kentucky will enforce an order for spousal support when we are enforcing the order for current support and/or the child support arrearage and the spousal support obligation is included in the same Court action or when a case involves ongoing current support and the child(ren) is living in the home with the parent for whom spousal support is due.
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, AT-11-07)
No.
F10.1. Optional comments regarding required information on spouse or partner.
N/A.
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who 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 person but not the first $500?
Yes.
F11.2 Does your state collect the fee from the person applying for IV-D services?
Yes, if the applicant is the custodial parent.
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 did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
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.
F14. Does your state participate in the pass-through in former assistance cases?
No.
F14.1. If yes, provide the date.
N/A.
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. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA.
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?
When the child is receiving TANF benefits with a different payee, the child support enforcement worker verifies the information in the IV-A system and completes action to change the payee administratively or judicially depending on the preference of the local court.
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F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
When the child is receiving MA benefits with a different payee, the child support enforcement worker verifies the information in the IV-A system and completes action to change the payee administratively or judicially depending on the preference of the local court.
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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?
The worker must obtain proof of the payee change. Proof may include but is not limited to, a notarized statement from an individual(s) attesting to the living arrangements of the child, proof of school enrollment, acknowledgment of the child(ren)'s living arrangement by the former custodial parent, a notarized affidavit signed by the nonpublic assistance applicant outlining the living arrangements of the child or a copy of a temporary or final custody or guardianship order awaiting custody of the child to a different individual. Upon receipt of proof, the child support enforcement worker completes action to change the payee administratively or judicially depending on the preference of the local court.
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F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
The $25 is retained from subsequent payments after $500 has been collected and disbursed to the custodial parent during the FFY.
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
No
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
Kentucky is not a cost recovery state. When acting as the Responding Agency, Kentucky CSE does not assess any fees or costs to a noncustodial parent residing in the US, except reimbursement of genetic testing fees, if applicable.
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

G. Income Withholding

G1. What specific source of income is not subject to withholding?
SSI, Veteran's Disability, PA benefits (K-TAP and Kinship Care), Grant or Work study program income, or student loans.
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G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No
G2.1. If yes, what are those limits?
N/A.
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
$1.00 for each payment withheld. Kentucky Revised Statutes 405.465(4) http://www.lrc.ky.gov/KRS/405-00/465.PDF
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G4. 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.
G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
7 days from date payments are withheld.
G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
The IWO is resent to the employer by certified mail. If no response, the employer is contacted by telephone, email or letter to determine why they are not complying with the IWO and to explain legal ramifications. If the employer does not comply, a motion for contempt may be filed.
G7. What is the penalty to an employer for failure to remit payments withheld?
Kentucky Revised Statute 405.991 - A fine of not more than $500 or imprisonment for not more than one year or both.
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G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No
G8.1. Explain your process for receiving direct withholding orders across state lines.
To withhold support from unemployment insurance benefits, the other state must send a limited service request to Kentucky Central Registry.
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G8.2. What documents are required to intercept UI benefits?
For a limited service request, Kentucky requires the Transmittal #1, certified copy of the order and an arrearage affidavit.
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
Yes
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
The other state must contact the workers compensation department.
G10. How does an obligor contest income withholding in your state?
He/she contacts their local child support office (contracting official).
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.
Kentucky Revised Statute 405.467 - If there is more than one (1) notice for child support withholding against a single absent parent, the cabinet shall allocate amounts available for withholding, giving priority to current child support, up to the limits imposed under Section 303(b) of the Consumer Credit Protection Act at 15 U.S.C. sec. 1673(b). The allocation by the cabinet shall not result in a withholding for one (1) of the support obligations not being implemented. Amounts resulting from wage withholding shall be allocated on a proportionate basis between multiple family units. If the amounts to be withheld preclude collection of the total amount of combined child support and medical support due to the limits of the federal Consumer Credit Protection Act at 15 U.S.C. sec. 1673(b), the actual amount received shall be applied first to the current monthly child support obligation amount. Any payment exceeding the current monthly child support obligation shall then be applied by the cabinet to the administratively ordered or judicially ordered medical support obligation.
G11.1. 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
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.
For more information, refer to Kentucky Revised Statute 405.467(6),(7)and (8).
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G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
No.
G13. When does your state require the employer to send notice of an employee's termination?
Kentucky law does not specify a time period for reporting an employee's termination. KRS 405.465(5) states that the employer shall notify CSE when an employee, for whom a wage withholding is in effect, terminates employment and provide the terminated employee's last known address and name and address of the terminated employees' new employer, if known.
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G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
No law or policy.
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
No.
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
Not at this time.
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G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Yes, to all of those agencies.
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G18. 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.
If the amounts to be withheld preclude collection of the total amount of combined child support and medical support due to the limits of the federal Consumer Credit Protection Act at 15 U.S.C. sec. 1673(b), the actual amount received shall be applied first to the current monthly child support obligation amount. Any payment exceeding the current monthly child support obligation shall then be applied by the cabinet to the administratively ordered or judicially ordered medical support obligation.
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G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
PRWORA of 1996.
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
PRWORA of 1996.
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G21. Does your state's law require a signature on the income withholding order?
No

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No
H1.1. If yes, please explain.
N/A.
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
Kentucky Revised Statute 406.111 - 99% statistical probability.
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
The paternity acknowledgment is conclusive 60 days after the last signature is affixed to the form.
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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.

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H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
The party questioning paternity of the child born during the marriage must raise the issue. The Court may order genetic testing to determine paternity of the child.
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H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
No
H6.1. If no, briefly explain.
Prior to July 15, 1996; No, a paternity judgment had to be entered. After July 15,1996, the father's name is placed on the birth certificate only if a court adjudicates paternity or the father has signed a voluntary acknowledgement of paternity. Paternity is conclusively determined at the time of the court adjudication or the 60 day recession period after the mother and father have signed the acknowledgement has elapsed.
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H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
7/15/1996
H8. Does your state have any other paternity-related presumptions?
No
H8.1. If yes, briefly explain.
N/A.
H9. Does your state have a putative fathers' registry?
No
H9.1. If yes, what is the name of that entity?
N/A.
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H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
No
H10.1. If yes, please describe any circumstances under which these fees may be waived.
No fees are associated with obtaining this information for child support enforcement purposes by CSE staff.
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H11. Is common-law marriage recognized in your state?
No
H11.1. If yes, briefly describe the standard that defines common-law marriage.
N/A.
H11.2. When did your current common-law standard go into effect?
H11.3. 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.
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H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
Teleconferencing.
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
Kentucky Revised Statute 454.210 (b) The clerk of the court in which the action is brought shall issue a summons against the defendant named in the complaint. The clerk shall execute the summons either by: 1. Sending by certified mail two (2) true copies to the Secretary of State and shall also mail with the summons two (2) attested copies of plaintiff's complaint; or 2. Transmitting an electronically attested copy of the complaint and summons to the Secretary of State via the Kentucky Court of Justice electronic filing system. (c) The Secretary of State shall, within seven (7) days of receipt thereof in his office, mail a copy of the summons and complaint to the defendant at the address given in the complaint. The letter shall be posted by certified mail, return receipt requested, and shall bear the return address of the Secretary of State. The clerk shall make the usual return to the court, and in addition the Secretary of State shall make a return to the court showing that the acts contemplated by this statute have been performed, and shall attach to his return the registry receipt, if any. Summons shall be deemed to be served on the return of the Secretary of State and the action shall proceed as provided in the Rules of Civil Procedure. (d) The clerk mailing the summons to the Secretary of State shall mail to him, at the same time, a fee of ten dollars ($10), which shall be taxed as costs in the action. The fee for a summons transmitted electronically pursuant to this subsection shall be transmitted to the Secretary of State on a periodic basis.
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H14. Does your state recover genetic testing costs for another state?
Yes
H14.1. If yes, 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.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
Effective July 15,1996, paternity must be established before a father's name can be placed on the birth certificate. Paternity may be established through a court or a voluntary acknowledgement of paternity. If a voluntary of acknowledgement is completed the fathers name is placed on the birth certificate automatically. If paternity is established by the court, the clerk submits the Paternity Report (VS-8D) or the parties provide a copy of the court order establishing paternity to the Office of Vital Statistics to amend the birth certificate to include the father's name.
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 set of documents with an Affidavit in Support of Establishing Paternity for each child.

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Even though Kentucky law allows support to be established administratively, currently child support is always set judicially.
I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
N/A.
I1.2. Under what circumstances would a judicial process would be used?
All circumstances.
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
Kentucky Revised Statute 205.712.
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I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
Custodial parent.
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I3. What criteria for rebutting your presumptive guidelines have been established in your state?
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.
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I4. Will your state establish support orders for prior periods?
Yes
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
Pursuant to KRS 406.031(1), in a paternity action, support can be set retroactive to the date of birth of the child if the action is initiated prior to the child turning four years old 406.031(1). In all other actions, support may only be set retroactive to the filing of the court action.
I4.2. What information or documentation does your State require to proceed?
In a paternity action, proof that the parents were not together and/or jointly supporting the child.
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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, specify those limitations.
See I4.1
I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
Kentucky uses administrative processes in addition to judicial process to enforce child support.
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I6. What is your state's statutory authority for the administrative process?
Kentucky Revised Statutes 205.712 and 405.450.
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I7. Is there a local state law that allows an interstate administrative subpoena?
Kentucky Revised Statute 205.712
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I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No.
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I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
No.
I10. 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.
I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?
Modification.
I12. 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 custodian obtain legal custody before a support order is modified or established?
Yes.
I13. 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 custodian obtain legal custody before support can be redirected to the new payee?
Yes.
I14. What methods of personal service does your state use? **
Kentucky utilizes local law enforcement officials for personal service.
I15. Does your state send and receive pleadings and documents electronically in international cases? **
No
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
N/A
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
The Kentucky Child Support Guidelines allow child care, the cost of the child(s) health insurance or cash medical support incurred by either parent on behalf of the minor child(ren) to be included in the guideline calculation.
I17. Please provide the relevant statutory or case law citation. **
Kentucky Revised Statutes 403.211 and 403.212.
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I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
Yes
I18.1 If yes, indicate the appropriate responses. **
Counties utilize various methods to encourage amicable solutions between parents in order to promote voluntary payment of support such as, allowing the parties to enter into agreed orders or mediating issues to eliminate the necessity of having to appear before a Judge.

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.
J2.1. What are the trigger criteria for filing a lien?
Pursuant to Kentucky Revised Statute 205.745, when the arrearage is equal to or greater than one month's support obligation, and support has been assigned to the Child Support Enforcement agency.
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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 depending on the property subject to the lien.
J.3. Does your state enforce property seizure and sale?
Yes
J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
Administrative. Pursuant to Kentucky Revised Statute 205.745, Kentucky may force the sale of property of property; however, exceptions apply if the property is the principal residence of the parent.
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?
Administrative.
J4.1. When must an 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?
There is no requirement to notify the noncustodial parent that MSFIDM freeze and seize is an enforcement remedy until the action is initiated.
J4.2. Does your state's income withholding definition include amounts in financial institutions?
No.
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J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
Yes
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
State.
J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
Pursuant to Kentucky Revised Statute 205.778, the noncustodial parent must receive notice of the MSFIDM action within two business days of the date the notice is sent to the financial institution.
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
Pursuant to Kentucky Revised Statute 205.778, the noncustodial parent must owe past-due support in an amount equal to or greater than one (1) month's obligation.
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
The obligor must owe an arrearage equal to or great than one month's obligation.
For Additional Information - No Link Provided
J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
Yes. The arrearage must be equal to or greater than one month's obligation.
J5.3.1. If yes, please provide the time frame.
N/A.
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?
No
J5.4.1. If yes, provide the percentage.
N/A.
J5.4.2. Is the percentage different for joint accounts?
No
J5.4.3. If yes, describe.
N/A.
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.
No.
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
N/A.
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
20 calendar days. 921 Kentucky Administrative Regulation 1:410 Section 3(4).
For Additional Information - exit disclaimer
J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?
If the noncustodial parent contests the freeze and seize action and an administrative hearing is granted, the noncustodial parent has the right to file exceptions to the administrative hearing officer's ruling and subsequently appeal the final order in Circuit Court.
J5.9. On what basis can an obligor and/or other account holder challenge 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?
N/A.
J5.12. Is the second challenge administrative, judicial, or both?
Judicial.
J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
Pursuant to Kentucky Revised Statute 13B.140, the appeal must be filed within 30 calendar days after issuance of the final administrative order.
J5.14. Is the freeze and seize operation in your state centralized or automated?
The process is not automated. Caseworkers in the contracting officials and state offices complete the freeze and seize actions.
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?
No.
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
No
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
N/A.
For Additional Information - No Link Provided
J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
Policy states that upon receipt of the funds from the financial institution, the child support enforcement agency places a hold on the funds, pending the outcome of the administrative hearing.
For Additional Information - No Link Provided
J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
35 calendar days.
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. Describe any other administrative enforcement procedures your state may have.
Income Withholding, passport denial, and license suspension.
J8. Describe any other judicial enforcement procedures your state may have.
Civil contempt, misdemeanor nonsupport, flagrant nonsupport.
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 Kentucky county where the property is located.
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J10. Which of your state's enforcement remedies are available without judicial actions?
Tax intercept, passport denial, liens, freeze and seize, income withholding and license suspension.
J11. Describe your state's procedures for registering and enforcing another state's order.
Utilize the procedures found under Kentucky Revised Statutes 407.5602 and 407.5603 to judicially register and enforce the order.
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
If the noncustodial parent doesn't begin paying after the order is registered, the local child support enforcement office may file judicial action to hold the noncustodial parent in contempt of court.
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
No
J13.1. If yes, provide the statutory citation.
N/A.
For Additional Information - No Link Provided
J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
Kentucky Revised Statute 205.768.
J15. To which credit bureaus does your state report an obligor's child support information?
N/A.
J16. Is the method for credit bureau reporting judicial, administrative, or both?
N/A.
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
FIDM, Unemployment Insurance Offset, state lottery intercept, state income tax interception, income withholding.
J19. What documentation does your state require to proceed with an AEI request?
Child Support Transmittal #1, a copy of the court order and an arrearage affidavit.
J20. What mandatory data elements does your state need to process AEI requests?
All of the date elements in the Child Support Transmittal #1.
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J21. Which additional data elements would aid your state in processing AEI requests?
N/A.
J22. How many copies/sets of documents does your state require with an AEI request?
one.
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
Varies depending on the type of automated administrative enforcement action.
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
No
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
Child Support Transmittal #1, a copy of the court order and an arrearage affidavit.
J25. What is the procedure for obtaining a certified copy of a court order?
Submit the Child Support Transmittal #3.
J26. What is the procedure for obtaining a certified payment record?
Submit the Child Support Transmittal #3.
J27. Is there a cost for requesting a certified copy of a court order or payment record?
No.
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
There are no special procedures pertaining to low income parents or a hardship exemption.
J29. What triggers a driver's license revocation?
The noncustodial parent must owe an arrearage that is equal to or greater than six months of nonpayment.
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
Yes.
J29.2 If yes, what is the amount?
See criteria in J29.
J30. Under what conditions may a noncustodial party restore the driver's license?
The noncustodial parent makes full payment of the arrearage, makes payments on the arrearage in accordance with a court order, administrative order or payment agreement, complies with a subpoena or warrant relating to a paternity or child support proceeding or the appeal of the denial or suspension is upheld and the license is reinstated.
J30.1 What is the process for restoring a driver's license?
The Child support agency submits a request to the licensing agency to reinstate the license. The noncustodial parent may be required to pay a reinstatement fee to the licensing agency.
J31. Does your state allow temporary or conditional driver's licenses?
No
J31.1 If yes, what are the conditions?
N/A.
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
N/A.
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes.
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
Yes.
J33.2 What is the dollar amount?
Same criteria as federal tax intercept: a nonpublic assistance arrearage equal to or greater than $500 or a public assistance arrearage equal to or greater than $150.
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
Same criteria as federal tax intercept: a nonpublic assistance arrearage equal to or greater than $500 or a public assistance arrearage equal to or greater than $150.
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
No.
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
N/A.
J36.2 What is the dollar amount?
N/A.
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
No
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
N/A.
J38.2 What is the dollar amount?
N/A.
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
N/A.
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?
The noncustodial parent only receives credit if the child is receiving RSDI benefits based on the noncustodial parents' disability.

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
The Child Support Enforcement agency conducts a review within 36 months after the establishment of the initial order or the most recent review when the child(ren) is receiving IV-A benefits or upon the request of either party even if there is no proof of a substantial change in circumstance. The Child Support Agency also conducts a review prior to the 36 month timeframe upon the request of either party where there is proof of a substantial change in circumstance.
For Additional Information - No Link Provided
K2. Briefly describe your state's modification procedure.
All requests for modification must be in writing. Upon receipt of a written request for modification, the local child support enforcement office reviews the request to determine eligibility for review. If the case meets the criteria for review, the local child support enforcement office issues a modification packet to both parties to provide income information, proof of child care costs and verification of health insurance costs.
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
15% percent change (up or down).
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
Yes
K4.2. The earnings of the obligee have substantially increased or decreased.
Yes
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
No
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
No
K4.6. There has been a substantial change in childcare expenses.
Yes
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
If there is a substantial change in health insurance costs.
K5. Does your state have cost of living adjustments (COLAs) for orders?
No
K5.1. If yes, what index does your state use?
N/A.
K6. How does your state credit SSA disability to current and past-due support?
If the child is receiving disability benefits based on the noncustodial parent's disability, the amount is deducted from the noncustodial parent's current support obligation.
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
No
K7.1. If yes, explain the circumstances?
N/A.
K7.2. What is the statutory citation for your abatement law?
N/A.
For Additional Information - No Link Provided
K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.
The Child Support Enforcement agency does not require any documents upon receipt of the initial referral from the IV-A agency. The Child Support Enforcement agency may request the custodial parent provide documents or additional information necessary to proceed with the case after the initial referral is received.
For Additional Information - No Link Provided
K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
Child Support Agencies in other states can submit requests for copies of paternity acknowledgments/affidavits and birth records to the Kentucky Child Support Enforcement Central office via fax at (502) 564-5988. The request must include the child's full name, child's date of birth, mother's first and maiden name, and father's full name, if known.
K8. What information does your state require to register an out-of-state order for enforcement/modification?
To register an order for modification, Kentucky must receive a Child Support Transmittal #1, Uniform Support Petition, General Testimony, Registration Statement, one copy and one certified copy of the order. To register an order for enforcement, Kentucky must receive a Child Support Transmittal #1, Uniform Support Petition, Registration Statement, one copy and one certified copy of the order, payment record and arrearage affidavit.
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
No.
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
The arrearage payment amount only unless the Court order specifically states that the noncustodial parent is to continue paying the current support and arrearage obligation toward the remaining arrearage.
K10. What circumstances will cause your state to end child support before the normal duration? **
Death of a child, reconciliation of the parties, genetic tests exclude the noncustodial parent, noncustodial parent obtains custody of the child, termination of parental rights, adoption or child marries.

L. Payments

L1. Does your state define a lump sum payment?
Yes
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
"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 427.005
For Additional Information - exit disclaimer
L2. Does your state law require employers to report lump sum payments?
Yes
L2.1 If yes, give the statutory citation or rule.
Kentucky Revised Statute 405.465(6)
For Additional Information - exit disclaimer
L3. Are employers required to report lump sum payments 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?
Employers can report a pending lump sum in one of three ways: Submit a notification through OCSE's Employer Services Web Application, E-IWO participating employers can send the notification electronically, or the employer may send a written notice to the CSE Lump Sum Payment Coordinator by mail at Post Office Box 2150, Frankfort, Kentucky 40602, by email at chfsdiscseempllumpsum@ky.gov or via fax at (502) 564-1031.
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
Timeframe for response is not specified in statute or administrative regulation; however, administrative regulation states that if the child support enforcement agency does not contact the employer, the employer must hold the lump sum payment for 30 calendar days from the projected release date. The employer may release the lump sum payment to the employee after 30 calendar days unless the employer receives a court or administrative order to withhold the lump sum payment.
L6. Does your state use the income-withholding order to attach the lump sum payment?
Yes
L7. Does your state use the lien/levy process to attach lump sum payments?
Yes
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
The Order to Withhold and Deliver.
L8. What other documents does your state use to attach lump sum payments?
On rare occasions, local child support enforcement offices may use a judicial form titled, "Non-Wage Garnishment Order."
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
No.
L9.1. If yes, what are those limits?
N/A.
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
No.
For Additional Information - No Link Provided
L9.3. If yes, what are those limits?
N/A.
L9.4. If no, what percentage is the employer required to withhold?
If the lump sum is not considered earning, the entire lump sum payment amount or the total arrearage, whichever is less is subject to withholding.
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
Yes
L10.1 If yes, would the employer only withhold for that period's obligation?
Yes.
L11. Does your state have a direct deposit program?
No
L11.1 If so, specify the vendor.
N/A.
L12. Does your state have a debit card program?
No.
L12.1 If so, specify the vendor.
N/A.
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
L13.1 If so, are there fees involved?
N/A.
L14. What are the fees associated with using the card?
N/A.
L15. How does your state collect child support payments from an obligor? **
Payments are made to a central location (the State Disbursement Unit) by income withholding, personal check, cashier's check, money order or electronic funds transfer (through U.S. Banks). Payment may also be made online through the Kentucky Child Support Interactive website using a debit card, credit card or checking or savings account.
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **
By check.
L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
All payments are processed through a designated authority.
L18. Does your state process electronic payments in international cases? **
No
L18.1 If so, describe the process. **
N/A.
L19. What is your state's International Bank Account Number (IBAN)? **
At this time, Kentucky does not have a BAN.

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information - exit disclaimer
M1.1. Additional information on the CCPA.

For Additional Information - exit disclaimer
M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
No
M2.1. If yes, provide the statutory citation
N/A.
For Additional Information - No Link Provided
M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
N/A.
For Additional Information - No Link Provided
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
N/A.
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
The noncustodial parent must owe an arrearage balance equal to or greater than $500.
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
No.
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
No.
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
No.
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
N/A.
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?
N/A.
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
Yes.
M3.1. Provide the statutory citation.
KRS 205.712
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M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
Notice of Lien for personal injury claims; IWO for Workers Compensation claims.
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
The Child Support Enforcement agency.
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
N/A.
For Additional Information - No Link Provided
M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
The noncustodial parent has 20 calendar days to dispute the arrearage and/or request an administrative hearing.
For Additional Information - exit disclaimer
M6. Are there attorney fees associated with the insurance intercept activity?
The Child Support Enforcement agency does not charge any attorney fees for this match.
M7. How does another state initiate and intercept collections from your state workers' compensation agency?
Kentucky Revised Statute 205.730(5) By sending your state forms to the appropriate insurance company handling the claims.
M7.1. What is the process, the points of contact, and what forms?
Contact the insurance company directly. Submit the IWO for intercept.

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
N2. Does your state 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) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
N3. Does your state 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)
N4. Does your state 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)