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
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
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
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
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
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 states 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 states 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)
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. |