KRS § 405.465 — KY Code / Title XXXV / Chapter 405 / Section 405.465
405.465 Income withholding or wage assignments for child support, medical support, maintenance, and medical support insurance orders
Status: in_force

405.465 Income withholding or wage assignments for child support, medical

support, maintenance, and medical support insurance orders.

(1) This section shall apply only to those child support, medical support, maintenance,

and medical support insurance orders that are established, modified, or enforced by

the Office of the Attorney General or those court orders obtained in administering

Part D, Title IV of the Federal Social Security Act.

(2) All child support orders and medical support insurance orders being established,

modified, or enforced by the Office of the Attorney General, or those orders

obtained pursuant to the administration of Part D, Title IV of the Federal Social

Security Act, shall provide for income withholding which shall begin immediately.

(3) The court shall order either or both parents who are obligated to pay child support,

medical support, or maintenance under this section to assign 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 by the court.

(4) The order shall be binding upon the employer or any subsequent employer upon the

service by certified mail of a copy of the order upon the employer and until further

order of the court. The employer may deduct the sum of one dollar ($1) for each

payment made pursuant to the order.

(5) The employer shall notify the Office of the Attorney General when an employee,

for whom a wage withholding is in effect, terminates employment and provide the

terminated employee's last known address and the name and address of the

terminated employee's new employer, if known.

(6) (a) An employer with twenty (20) or more employees shall notify in writing the

Office of the Attorney General, or its designee administering the support

order, of any lump-sum payment of any kind of one hundred fifty dollars

($150) or more to be made to an employee under a wage withholding order.

An employer with twenty (20) or more employees shall notify in writing the

Office of the Attorney General or its designee no later than forty-five (45)

days before the lump-sum payment is to be made or, if the employee's right to

the lump-sum payment is determined less than forty-five (45) days before it is

to be made, the date on which that determination is made. After notification,

the employer shall hold each lump-sum payment of one hundred fifty dollars

($150) or more for thirty (30) days after the date on which it would otherwise

be paid to the employee and, on order of the court, pay all or a specified

amount of the lump-sum payment to the Department of Child Support

Services. The employer may deduct the sum of one dollar ($1) for each

payment.

(b) As used in this subsection, "lump-sum payment of any kind" means a lump-

sum payment of earnings as defined in KRS 427.005.

(7) Any assignment made pursuant to court order shall have priority as against any

attachment, execution, or other assignment, unless otherwise ordered by the court.

(8) No assignment under this section by an employee shall constitute grounds for

dismissal of the obligor, refusal to employ, or taking disciplinary action against any

obligor subject to withholding required by this section.