405.467 Withholding order issued by office -- Notice -- Hearing -- Combining
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/ky/405-467A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
orders and allocating amounts -- Duty and liability of employer -- Priority --
Interstate requests.
(1)All support orders issued by the Office of the Attorney General, including those
issued pursuant to Part D, Title IV of the Federal Social Security Act, shall provide
for immediate withholding of earnings of the parent or parents obligated to pay
child support and medical support as is necessary to pay the child support
obligation, except where one
(1)of the parties demonstrates, and the court or
administrative order finds that there is good cause not to require immediate income
withholding, or a written agreement is reached by both parties which provides for
an alternative arrangement.
(2)In any case in which a support order was issued in the state and in which a parent is
required to pay court-ordered or administratively determined child support, medical
support, maintenance, and medical support insurance, and wage withholding is not
in effect, and an arrearage accrues that is equal to the amount of support payment
for one
(1)month, upon request of the absent parent, request of the custodial parent,
or upon administrative determination, the Attorney General shall issue an order for
withholding of earnings of the parent as is necessary to comply with the order plus
interest at the legal rate on the arrearage, if any, without the need for a judicial or
administrative hearing.
(3)If a court-ordered arrearage repayment amount does not exist and an arrearage
accrues that is equal to the amount of support payable for one
(1)month, an
arrearage repayment amount may be determined administratively. The Office of the
Attorney General shall promulgate administrative regulations establishing the
guidelines for arrearage payments.
(4)In any case in which a parent is required either by court order or administrative
order to provide medical insurance coverage for the child and the parent has failed
to make application to obtain coverage for the child, the Attorney General shall
issue an order for withholding of the employee's share, if any, of premiums for
health coverage and to pay the share of premiums to the insurer, without the need
for a judicial or administrative hearing.
(5)The Office of the Attorney General shall advise the obligated parent that a wage
withholding has commenced by sending a copy of the order to withhold at the same
time that the order is sent to the employer. The only basis for contesting the
withholding shall be a mistake of fact or law. If the parent contests the withholding,
the Office of the Attorney General shall give the obligor an opportunity to present
his or her case at an administrative hearing conducted in accordance with KRS
Chapter 13B and decide if the withholding will continue.
(6)The Office of the Attorney General shall combine any administrative or judicial
wage withholding order, or multiple administrative or judicial orders for child
support and medical support into a single wage withholding order when payable
through the office to a single family or to multiple family units.
(7)The Office of the Attorney General shall serve the order to withhold earnings or
notice of multiple wage withholding orders specifying wage withholding
requirements on the employer of an obligor by certified mail, return receipt
requested. The order shall state the amount to be withheld, or the requirement to
enroll the child under the health insurance coverage, including amounts to be
applied to arrearages, plus interest at the legal rate on the arrearage, if any, and the
date the withholding is to begin. The total amount to be withheld, including current
support and payment on arrearages plus interest, and medical insurance coverage
may not exceed the limit permitted under the federal Consumer Credit Protection
Act at 15 U.S.C. sec. 1673(b).
(8)If there is more than one
(1)notice for child support withholding against a single
absent parent, the Office of the Attorney General 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 office 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. Any custodial parent adversely affected by the provisions of this subsection
shall have standing to challenge any proportionate allocations and, for good cause
shown, a District Court, Circuit Court, or family court of competent jurisdiction
may set aside the Office of the Attorney General's proportional allocations as to the
custodial parent.
(9)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
Office of the Attorney General to the administratively ordered or judicially ordered
medical support obligation.
(10)The employer shall forward to the Office of the Attorney General that portion of
salary or wages of the parent due and to be due in the future as will be sufficient to
pay the child support amount ordered.
(11)The employer shall be held liable to the Office of the Attorney General for any
amount which the employer fails to withhold from earnings due an obligor
following receipt of an order to withhold earnings.
(12)Any order to withhold earnings under this section shall have priority as against any
attachment, execution, or other assignment, notwithstanding any state statute or
administrative regulation to the contrary.
(13)No withholding under this section shall be grounds for discharging from
employment, refusing to employ, or taking disciplinary action against any obligor
subject to withholding required by this section.
(14)The remedies provided for in this section shall also be available for applicable
support orders issued in other states.
(15)Interstate requests for withholding of earnings shall be processed by the Office of
the Attorney General.