KRS § 341.392 — KY Code / Title XXVII / Chapter 341 / Section 341.392
341.392 Deduction and withholding of child support obligations from benefits
Status: in_force

341.392 Deduction and withholding of child support obligations from benefits.

(1) A worker filing a new claim for unemployment benefits shall, at the time of filing

such claim, disclose whether or not he owes child support obligations as defined

under this section. If any such worker discloses that he owes child support

obligations, and is determined to be eligible for unemployment benefits, the

secretary shall notify the state or local child support enforcement agency enforcing

such obligation that the worker has been determined to be eligible for

unemployment benefits.

(2) The secretary shall deduct and withhold from any unemployment benefits payable

to a worker that owes child support obligations:

(a) The amount specified by the worker to the secretary to be deducted and

withheld under this subsection, if neither (b) nor (c) applies;

(b) The amount, if any, determined pursuant to an agreement submitted to the

secretary under 42 U.S.C. sec. 654 (Section 454(20)(b)(i) of the Social

Security Act) by the state or local child support enforcement agency if (c) is

not applicable; or

(c) Any amount required to be so deducted and withheld from such

unemployment benefits pursuant to legal process as that term is defined in the

Social Security Act properly served upon the secretary.

(3) (a) Any amount deducted and withheld under this section shall be paid by the

secretary to the appropriate state or local child support enforcement agency.

(b) Any amount deducted and withheld under this section shall for all purposes be

treated as if it were paid to the worker as unemployment benefits and paid by

such worker to the state or local child support enforcement agency in

satisfaction of the worker's child support obligations.

(4) For purposes of this section, the term "unemployment benefits" shall mean any

compensation payable under this chapter (including amounts payable by the

secretary pursuant to an agreement under any federal law providing compensation,

assistance, or allowances with respect to unemployment).

(5) The provisions set forth in this section apply only if appropriate arrangements have

been made for reimbursement by the state or local child support enforcement

agency for the administrative costs incurred by the secretary under this section

which are attributable to child support obligations being enforced by the state or

local child support enforcement agency.

(6) The term "child support obligations" is defined for purposes of these provisions as

including only obligations which are being enforced pursuant to a plan prescribed in

42 U.S.C. sec. 654 (Section 454 of the Social Security Act) which has been

approved by the Secretary of Health and Human Services under 42 U.S.C. secs.

651-662 (Part D of Title IV of the Social Security Act).

(7) The term "state or local child support enforcement agency" as used in these

provisions means any agency of a state or a political subdivision thereof operating

pursuant to a plan described in this section.