44.030 Money not to be paid to state or local government debtor -- Priority of

565 words·~3 min read·/ky/44-030

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

multiple claims -- Matching child support obligors and claimants --

Information on debts referred to Department of Revenue to be provided to

State Treasurer.

(1)No money shall be paid to any person on a claim against the state in his or her own

right, or as an assignee of another, when the person or the person's assignor is

indebted to the state or any local government. The claim, to the extent it is allowed,

shall first be credited to the account of the person indebted to the state, and if there

is any balance due the person after settling the whole demand of the state, any

certified liquidated debts of any local government shall be paid if the local

government provides information concerning the liquidated debt to the State

Treasurer. If there is any balance due the person after settling the whole demand of

the state or local governments, and if there are not liquidated debts certified against

the claim pursuant to KRS 44.065, that balance shall be paid to the person.

(2)In case of multiple claims by state agencies, the claims shall be paid as follows:

(a)First, to any claim made by the Office of the Attorney General for past due

child support obligations;

(b)Second, to any claim filed by the Finance and Administration Cabinet,

Department of Revenue, for taxes owed the Commonwealth; and

(c)Third, to all other state agencies in the order that the claims were filed with

the State Treasury.

(3)In the case of multiple claims filed by any local government, the claims shall be

paid in the order that the claims were filed with the State Treasury.

(4)No money shall be paid to any person on a claim against a local government in his

or her own right, or as an assignee of another, when the person or the person's

assignor is indebted to the local government or the state. The claim, to the extent it

is allowed, shall first be credited to any debt of the person indebted to the local

government, and if there is any balance due the person after settling the whole

demand of the local government, any certified liquidated debts of the state shall be

paid if the state provides the local government with information concerning the

liquidated debt. If there is any balance due the person after settling the whole

demand of the local government or the state, that balance shall be paid to the

person.

(5)The Finance and Administration Cabinet shall provide the Office of the Attorney

General with a quarterly report of all tort claims made against the state by

individuals that the Office of the Attorney General shall compare with the child

support database to match individuals who have a child support arrearage and may

receive a settlement from the state.

(6)Each organizational unit and administrative body in the executive branch of state

government, as defined in KRS 12.010, the Court of Justice in the judicial branch of

state government, and, where feasible, any local government shall provide

information to the State Treasurer concerning any debt it has referred to the

Department of Revenue for collection under KRS 45.241.

(7)Each agency, the Court of Justice, and, where feasible, any local government shall provide information to the State Treasurer concerning any debt referred to the Department of Revenue for collection under KRS 45.237.