KRS § 405.467 — KY Code / Title XXXV / Chapter 405 / Section 405.467
405.467 Withholding order issued by office -- Notice -- Hearing -- Combining orders and allocating amounts -- Duty and liability of employer -- Priority -- Interstate requests
Status: in_force

405.467 Withholding order issued by office -- Notice -- Hearing -- Combining

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.