15.820 Child support lien or levy in favor of office -- Filing of notice -- Foreclosure
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/ky/15-820A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
actions -- Immobilization of vehicles of child support obligors.
(1)A child support lien or levy in favor of the Office of the Attorney General shall be
enforceable against all real and personal property of the obligor if he has failed to
make child support payment in an amount equal to support payable for one
month and the child support has been assigned to the office. In accordance with
subsection
(4)of this section, the lien or levy shall have first priority over any other
lien assigned by any other agency, association, or corporation.
(2)The Office of the Attorney General shall file a notice of lien or levy with the county
clerk of any county or counties in which the obligor has interest in property and the
notice shall be recorded in the same manner as notices of lis pendens. The
recordation shall constitute notice of both the original amount of child support due
and all subsequent amounts due by the same obligor. Upon request, an authorized
agent of the Office of the Attorney General shall disclose the specific amount of
liability to any interested party legally entitled to the information. The notice, when
so filed, shall be conclusive to all persons of the lien or levy on the property having
legal situs in that county. The lien or levy shall commence as to property of the
obligor located in the Commonwealth at the time the notice is filed and shall
continue until the original amount of child support due and any subsequent
amounts, including interest, penalties, or fees, are fully paid. The lien or levy shall
attach to all interest in real and personal property in the Commonwealth, then
owned or subsequently acquired by the obligor. The clerk shall be entitled to a fee
pursuant to KRS Chapter 64.
(3)The Office of the Attorney General may force the sale of the property of the parent
subject to the lien or levy for the payment of assigned child support, and distribute
the proceeds in accordance with 42 U.S.C. sec. 651 et seq.
(4)The Office of the Attorney General's lien or levy shall be superior to any mortgage
or encumbrance created after the notice of lien or levy is recorded. The office shall
give full faith and credit to child support liens or levies created in other states
without requirement of judicial notice or proceedings prior to enforcement, but the
liens or levies shall subordinate to any child support lien or levy of the office that
relates to the same obligor and property.
(5)The Office of the Attorney General shall not enforce the lien by foreclosure action
on a principal residence of an obligor if to do so would deprive a minor child of the
obligor of a homestead, unless the failure to enforce the lien by foreclosure would
result in the loss of the home of the minor child of the custodial parent.
(6)In the event another lienholder initiates a foreclosure action against the property of
the obligor, the Office of the Attorney General may protect its interest in the
property by filing an answer counterclaim and cross-claim and participate in the
proceeds of any sale of the property as its interests may appear.
(7)The Office of the Attorney General shall notify the obligor of the filing of its claim
of lien or levy and the opportunity to contest and appeal the action in accordance
with the requirements of KRS Chapter 13B.
(8)Liens or levies resulting from actions provided by this section shall be inapplicable
to an account maintained at a financial institution that is or may be subject to the
data match system established by KRS 15.846, and is subordinate to any prior lien,
levy, or security interest perfected by a financial institution or other legitimate lien
or levy holder.
(9)The Office of the Attorney General may, after application to and approval of the
Circuit Court, enforce the lien by the immobilization with vehicle boots of a vehicle
registered in the obligor's name. The office shall establish procedures for vehicle
booting by the promulgation of administrative regulations in accordance with the
provisions of KRS Chapter 13A. The procedures shall require that the following
conditions are verified before a vehicle is immobilized with a vehicle boot:
(a)There is an arrearage that equals or exceeds six
(6)months without payment;
(b)The obligor has failed, after receiving appropriate notice, to comply with
subpoenas or warrants relating to child support proceedings;
(c)A lien has been filed in the county where the vehicle is kept;
(d)The Department of Vehicle Regulation shows that the vehicle identification
number for the vehicle to be booted is registered in the obligor's name;
(e)The vehicle to be booted is solely owned by the obligor, co-owned by the
obligor and current spouse, or owned by a business in which the obligor is the
sole proprietor;
(f)A notice of intent has been sent to the obligor, unless there is reason to believe
that the obligor will leave town or hide the vehicle;
(g)The obligor does not contact the cabinet within ten
(10)days of notice to
negotiate a settlement; and
(h)A target date is set for booting.
The administrative regulations shall also require that the cabinet send a cancellation
notice to the obligor and the sheriff if a decision is made to terminate the booting of
a vehicle. Once a vehicle has been booted, the Office of the Attorney General shall
attempt to reach a payment agreement with the obligor including terms for the
release of the vehicle. If an agreement is not reached with the obligor, the office
may proceed with the sale of the vehicle. If the office sells a vehicle, the office shall
notify the Department of Vehicle Regulation to issue clear title to the new owner of
the vehicle.