Kentucky Administrative Regulations › Title 921 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR COMMUNITY-BASED SERVICES - FAMILY SUPPORT › Chapter 1 - Child Support › Section 921 KAR 1:001 - Definitions for 921 KAR Chapter 1

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 194A.050, 205.710-205.800, 403.210-403.240,
				405.440, 405.520, 407.5101-407.5903,  45 C.F.R. 302.31, 302.33-302.38, 302.50-302.54, 302.56, 302.60, 302.80, 303.2-303.4, 303.6, 303.8, 303.15, 303.30-303.31, 303.70, 303.100-303.102,  42 U.S.C. 651  et seq.
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194B.050 requires the
				Cabinet for Health and Family Services to promulgate administrative regulations
				to administer the Child Support Enforcement Program (CSEP). This administrative
				regulation establishes definitions of terms used by the cabinet in
				administrative regulations pertaining to the Child Support Enforcement
				Program.
Section 1. Definitions of
			 terms utilized in administrative regulations relating to the Child Support
			 Enforcement Program are as follows:
(1)
			 "Administrative hearing" means the process whereby a parent's objections to
			 administrative determinations of the cabinet are heard by an impartial hearing
			 officer upon a timely request.
(2)
			 "Arrearage" means the total unpaid support obligation owed by a noncustodial
			 parent or obligor.
(3) "Assigned
			 support obligation" means any child support, spousal support, or medical
			 support obligation assigned to the state.
(4) "Assignment of rights" means the written
			 transfer of rights to any child support, medical support, or spousal support
			 obligation to the state.
(5) "CSEP"
			 means the Child Support Enforcement Program.
(6) "Custodial parent" means either a mother,
			 father, or any other person or entity that may have standing to request
			 services on behalf of a dependent child who is living in the home with the
			 child.
(7) "Default" means the
			 noncustodial parent's or obligor's failure to return a financial statement or
			 to keep an appointment, and the noncustodial parent's or obligor's income and
			 assets cannot be obtained and verified from another source to determine a
			 support obligation based on the Kentucky child support guidelines.
(8) "Distribution" means either a
			 disbursement of a collection to the family or an allotment of various portions
			 of the collection to the state and federal government for the reimbursement of
			 the share of the K-TAP assistance payment to the family, or money expended for
			 a child in the custody of the state.
(9) "Escrow" means the difference between the
			 amount of the assistance payment for the month in which the amount of the
			 collection is used to redetermine eligibility and either the monthly obligation
			 or the amount collected, whichever is less.
(10) "Excess collections" means the amount of
			 the collection which exceeds the monthly obligation amount.
(11) "Income" means earnings or other
			 periodic entitlements to money from any source and any other property subject
			 to withholding for support as described in KRS 205.710(10), (11), (15) and
			 403.212(2).
(12) "Income
			 withholding for support" means an administrative order issued by the cabinet,
			 or a judicial order to an obligor's employer to withhold an amount equal to the
			 current obligation plus an amount to be applied toward liquidation of any
			 arrearage, and if applicable, the employee-paid share of the cost of health
			 insurance coverage for a dependent child.
(13) "Initiating tribunal" means the tribunal
			 of a state or foreign country from which a petition or comparable pleading is
			 forwarded or in which a petition or comparable pleading is filed for forwarding
			 to another state or foreign country.
(14) "Intergovernmental IV-D case" means a
			 IV-D case in which the noncustodial parent lives or works in a different
			 jurisdiction than the custodial parent and the child or children that have been
			 referred by an initiating tribunal to a responding state for services,
			 including:
(a) Any combination of referrals
			 between states, tribes and countries; or
(b) Cases in which a state agency is seeking
			 only to collect support arrearages, whether owed to the family or assigned to
			 the state.
(15) "Kentucky
			 Transitional Assistance Program (K-TAP)" means Kentucky's Temporary Assistance
			 for Needy Families (TANF) money payment program for children who are deprived
			 of parental support or care due to:
(a)
			 Death, continued voluntary or involuntary absence, physical or mental
			 incapacity of a parent; or
(b)
			 Unemployment of at least one (1) parent if both parents are in the
			 home.
(16) "Location"
			 means the determination of a parent's location, income, assets, property, or
			 debt as provided by KRS 205.730(5).
(17) "Noncustodial parent" or "obligor" means
			 either a mother or father of a dependent child who is not living in the home
			 with the child as well as a description of the alleged father in a paternity
			 case.
(18) "Notice of monthly
			 support obligation" means an administrative order issued by the cabinet as
			 specified in KRS 405.440 notifying the noncustodial parent, or obligor, of the
			 child support and medical support obligation and of the noncustodial parent's,
			 or obligor's right to request an administrative hearing.
(19) "Offset" means to set aside federal or
			 state, or both, income tax refunds or nonexempt federal payments due a
			 noncustodial parent, or obligor, as a means of collecting past-due child
			 support.
(20) "Preoffset notice"
			 means a letter notifying a noncustodial parent, or obligor, who owes an
			 arrearage that the arrearage has been certified for state and federal tax
			 refund intercept, state tax refund intercept only, passport denial or
			 revocation, administrative offset of nonexempt federal payments, offset of
			 lottery winnings, and to certified consumer credit reporting
			 agencies.
(21) "Public assistance"
			 means the receipt of K-TAP, including child care or work subsidies and
			 vouchers, Medicaid, or foster care benefits.
(22) "Responding state" means a state in
			 which a petition or comparable pleading for support or to determine parentage
			 of a child is filed or to which a petition or comparable pleading is forwarded
			 for filing from another state or foreign country.
(23) "Spousal support" means a legally
			 enforceable obligation assessed against an individual for the support of a
			 spouse or former spouse who is living with a child or children of that
			 individual, even if child support is not part of the order.