405.490 Answer to order to withhold -- Procedure for obligor to contest amount of
230 words·~1 min read·
/ky/405-490A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
delinquent support withheld.
(1)Any person, including the obligor, who has been served with an order to withhold
and deliver the obligor's property shall answer the order within twenty
(20)days.
(2)The person in possession of any obligor's property shall withhold it and deliver it to
the Office of the Attorney General in accordance with the Attorney General's
directions; or the obligor may offer a bond which is satisfactory to the office.
(3)The person in possession of obligor's property shall have no liability or further
responsibility after fulfilling the duties under this section.
(4)The obligor may dispute the amount of delinquent support by requesting a dispute
hearing with twenty
(20)days.
(5)If the obligor does not request a hearing, acknowledgment of the obligation is
presumed and the Attorney General may apply the withheld property to the
delinquent child support obligation.
(6)If a hearing is requested, when property or a bond is released to the Attorney
General pursuant to an order to withhold and deliver property, the Attorney General
shall hold the property or bond, pending determination of the obligor's liability by a
hearing officer, pursuant to KRS 405.450.
(7)Upon a decision adverse to the Office of the Attorney General by a hearing officer,
of the Circuit Court on appeal, the office shall return the property together with
interest at the legal rate for judgments.