205.712 Division of Child Support -- Duties -- Cabinet to process child support payments -- State disbursement unit -- Cabinet's cooperation with courts and officials -- Reporting of obligors -- D - Kentucky Statutes

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Page 1 of 4 205.712 Division of Child Support -- Duties -- Cabinet to process child support payments -- State disbursement unit -- Cabinet's cooperation with courts and
officials -- Reporting of obligors -- Denial, suspension, and revocation of
licenses -- Data match system -- Subpoenas -- Distribution of child support
program information. (1) The Division of Child Support is established in the Cabinet for Health and Family Services. (2) The duties of the Division of Child Support, or its designee, shall include: (a) Serve as state agency authorized to administer Part D of Title IV of the Social Security Act, 42 U.S.C. secs. 651 to 669; (b) Serve as the information agency as provided in the Uniform Interstate Family Support Act, KRS Chapter 407; (c) Serve as collector of all court-ordered or administratively ordered child support payments pursuant to Part D of Title IV of the Social Security Act; (d) Serve as the agent for enforcement of international child support obligations, and respond to requests from foreign reciprocating countries; (e) Establish and enforce an obligation upon receipt of a completed, notarized voluntary acknowledgment-of-paternity form; (f) Enforce Kentucky child support laws, including collection of court-ordered or administratively ordered child support arrearages and prosecution of persons
who fail to pay child support; (g) Publicize the availability of services and encourage the use of these services for establishing paternity and child support; (h) Pay the cost of genetic testing to establish paternity, subject to recoupment from the alleged father, when paternity is administratively or judicially
determined; and obtain additional testing when an original test is contested,
upon request and advance payment by the contestant; (i) Establish child support obligations and seek modification of judicially or administratively established child support obligations in accordance with the
child support guidelines of the Commonwealth of Kentucky as provided under
KRS 403.212; (j) Administratively establish child support orders which shall have the same force and effect of law; (k) Issue an administrative subpoena to secure public and private records of utility and cable companies and asset and liability information from financial
institutions for the establishment, modification, or enforcement of a child
support obligation; (l) Impose a penalty for failure to comply with an administrative subpoena;
(m) Provide notices, copies of proceedings, and determinations of support amounts to any parties or individuals who are applying for or receiving Title
IV-D services, or who are parties to cases in which Title IV-D services are
being provided; Page 2 of 4 (n) Issue interstate administrative subpoenas to any individual or entity for financial or other information or documents which are needed to establish,
modify, or enforce a child support obligation pursuant to Part D of Title IV of
the Social Security Act, 42 U.S.C. secs. 651 et seq. An administrative
subpoena lawfully issued in another state to an individual or entity residing in
this state shall be honored and enforced in the Circuit Court where the
individual or entity resides; and (o) May promulgate administrative regulations to implement this section and adopt forms or implement other requirements of federal law relating to
interstate administrative subpoenas. (3) Effective September 30, 1999, the cabinet shall establish a system to receive and process all child support payments. The system shall include existing computer
systems to record the payments. The automated system shall include a state case
registry that contains records with respect to each case in which services are being
provided by the cabinet and each child support order established or modified in the
state on or after October 1, 1998. (4) The cabinet shall establish and operate a state disbursement unit for the collection, disbursement, and recording of payments under support orders for all Title IV-D
cases and for all cases initially issued in the state on or after January 1, 1994, in
which a wage withholding has been court-ordered or administratively ordered,
pursuant to Part D of Title IV of the Social Security Act. Establishment of the state
unit may include the designation and continuation of existing local collection units
to aid efficient and effective collection, disbursement, and recording of child
support payments. (5) After the establishment of the disbursement unit child support collection system, the cabinet or its designee shall serve as collector of all court-ordered or
administratively ordered child support payments pursuant to Part D of Title IV of
the Social Security Act. (6) Where establishment of paternity and enforcement and collection of child support is by law the responsibility of local officials, the cabinet shall refer cases to the
appropriate official for such action. The cabinet may enter into cooperative
arrangements with appropriate courts and law enforcement officials to assist the
cabinet in administering the program of child support recovery, including the
entering into of financial arrangements with such courts and officials as provided
for under the provisions of federal law and regulations. The local county attorney
shall be considered the designee of the cabinet for purposes of administering the
program of child support recovery within a county, subject to the option of the
county attorney to decline such designation. Nothing in this section shall prevent the
secretary from taking such action, with prior written notice, as appropriate if the
terms and conditions of the cooperative agreement are not met. When a cooperative
agreement with a contracting official is canceled for good cause, the cabinet may
not offer that cooperative agreement to that official during the official's tenure. (7) Where the local county attorney, friend of the court, domestic relations agent, or other designee of the cabinet has been contracted for the purpose of administering Page 3 of 4 child support enforcement pursuant to Title IV-D of the Social Security Act, the
contracting official shall be deemed to be representing the cabinet and as such does
not have an attorney-client relationship with the applicant who has requested
services pursuant to Title IV-D of the Social Security Act nor with any dependent
on behalf of the individuals for whom services are sought. (8) The cabinet shall determine the name of each obligor who owes an arrearage of at least two thousand five hundred dollars ($2,500). After notification to the obligor
owing an arrearage amount of two thousand five hundred dollars ($2,500), the
cabinet shall transmit to the United States secretary of health and human services
the certified names of the individuals and supporting documentation for the denial,
revocation, or limitation of the obligor's passport. The cabinet shall notify the
identified obligor of the determination and the consequences and provide an
opportunity to contest the determination. (9) The cabinet shall determine the name of an obligor owing an arrearage and shall indefinitely deny, suspend, or revoke a license or certification that has been issued if
the person has a child support arrearage that equals or exceeds the amount that
would be owed after six (6) months of nonpayment or fails, after receiving
appropriate notice, to comply with subpoenas or warrants relating to paternity or
child support proceedings as provided by 42 U.S.C. sec. 666(a)(16). (10) The cabinet shall forward the name of the individual to a board of licensure or board of certification for the notification of the denial, revocation, or suspension of
a driver's license, professional license or certification, occupational license or
certification, recreational license, or sporting license. (11) The denial or suspension shall remain in effect until the child support arrearage has been eliminated or payments on the child support arrearage are being made in
accordance with a court or administrative order, the person complies with the
subpoena or warrant relating to paternity or child support proceedings, or the appeal
of the denial or suspension is upheld and the license is reinstated. (12) Except for cases administered by the cabinet under 42 U.S.C. secs. 651 et seq. which shall be afforded the appeal process set forth by KRS 405.450(3), an
individual who has a license or certification denied, revoked, or suspended shall
have the right to appeal to the licensing or certifying board. (13) A dispute hearing shall be conducted by the cabinet in accordance with KRS 405.450. The only basis for a dispute hearing shall be a mistake in fact. (14) The cabinet shall in its discretion enter into agreements with financial institutions doing business in the Commonwealth to develop and operate, in coordination with
the financial institutions, a data match system. The financial institution shall be
required to provide identifying information for each obligated parent who maintains
an account at the institution and owes an arrearage, and who shall be identified by
the cabinet. Assets held by the institutions on behalf of any obligated parent who is
subject to a child support lien pursuant to KRS 205.745 shall be encumbered or
surrendered in response to a notice of lien or levy issued by the cabinet. The cabinet
may pay a reasonable fee to a financial institution for conducting the data match,
not to exceed the actual cost. The financial institution shall not be liable for Page 4 of 4 encumbering or surrendering any assets held by the financial institution in response
to a notice of lien or levy issued by the cabinet or for any other action taken in good
faith to comply with the requirements of this subsection. (15) The cabinet may issue both intrastate and interstate administrative subpoenas to any individual or entity for financial or other information or documents that are needed
to establish, modify, or enforce a child support obligation pursuant to Title IV-D of
the Social Security Act, 42 U.S.C. secs. 651 et seq. An administrative subpoena
lawfully issued in another state to an individual or entity in this state shall be
honored and enforced in the Circuit Court of the county in which the individual or
entity resides. (16) The Cabinet for Health and Family Services shall forward to the Office of the Attorney General a list of names of delinquent obligors and, in cooperation with the
Office of the Attorney General, shall promulgate administrative regulations in
accordance with KRS Chapter 13A to implement KRS 15.055. (17) The cabinet shall compare a quarterly report provided by the Finance and Administration Cabinet of all tort claims made against the state by individuals with
the child support database to match individuals who have a child support arrearage
and may receive a settlement from the state. (18) The cabinet shall prepare and distribute to the cabinet's designee for the administration of the child support program information on child support
collections and enforcement. The information shall include a description of how
child support obligations are:
(a) Established;
(b) Modified;
(c) Enforced;
(d) Collected; and
(e) Distributed. (19) The cabinet's designee for the administration of the child support program shall distribute, when appropriate, the following:
(a) Information on child support collections and enforcement; and
(b) Job listings posted by employment services. Effective: July 15, 2008
History: Amended 2008 Ky. Acts ch. 21, sec. 3, effective July 15, 2008. -- Amended 2005 Ky. Acts ch. 99, sec. 266, effective June 20, 2005. -- Amended 2000 Ky. Acts
ch. 14, sec. 37, effective July 14, 2000; and ch. 430, sec. 5, effective July 14, 2000. --
Amended 1998 Ky. Acts ch. 255, sec. 5, effective July 15, 1998; and ch. 426, sec.
220, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 365, sec. 2, effective
July 15, 1996. -- Amended 1994 Ky. Acts ch. 330, sec. 2, effective July 15, 1994. --
Created 1988 Ky. Acts ch. 411, sec. 2, effective July 15, 1988.