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 1:410 - Child support collection and enforcement

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				13B.010(2),
				15.055,
				131.570,
				205.712(3)-205.795,
				237.110(4), 405.060(2), (3), 427.005,
				31 C.F.R.
				285.1,
				285.3,
				45 C.F.R.
				303.6,
				15 U.S.C.
				1673,
				42 U.S.C.
				652,
				654,
				664,
				666(a)(1)-(4), (6)-(12), (14)- (19), (b),
				(c),
				669a
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				secretary to promulgate administrative regulations necessary to implement
				programs mandated by federal law or to qualify for the receipt of federal funds
				and necessary to cooperate with other state and federal agencies for the proper
				administration of the cabinet and its programs.
				42 U.S.C.
				666 requires states to have laws that
				prescribe procedures to improve effectiveness of child support enforcement.
				KRS
				205.712(3) requires the
				Cabinet for Health and Family Services to collect and enforce child support
				obligations and authorizes the cabinet to promulgate administrative regulations
				to implement its duties. This administrative regulation establishes procedures
				for collection and enforcement of child support.
Section 1. Definition. "Lump sum payment of
			 any kind" means a lump sum payment of earnings as defined in
			 KRS
			 427.005.
Section 2. Collection.
(1) Income withholding shall be used for the
			 collection of a support obligation or health insurance coverage in an order
			 being enforced by the Child Support Enforcement (CSE) program.
(2) The cabinet shall issue the CS-89, Income
			 Withholding for Support, and CS-72, National Medical Support Notice, to an
			 employer or other income source:
(a) Within
			 fifteen (15) calendar days of a request for income withholding; or
(b) Within two (2) working days after entry
			 of an obligor into the State Directory of New Hires.
(3) The employer or other income source
			 shall:
(a) Implement income withholding no
			 later than the first pay period that occurs after fourteen (14) working days
			 following the date of the CS-89; and
(b) Transfer the CS-72 to the employer's
			 health plan administrator within twenty (20) business days after receipt of the
			 notice.
(4) The employer
			 or other income source, in accordance with
			 KRS
			 405.465(4) and (6)(a), may
			 deduct the sum of one (1) dollar for each payment made pursuant to the
			 order.
(5) The total amount to be
			 withheld shall not exceed the maximum amount allowed under
			 15 U.S.C.
			 1673(b).
(6) In the case of an initial withholding,
			 the cabinet shall send the obligor a copy of the CS-89 in order to notify the
			 obligor that the income withholding:
(a) May
			 be contested by requesting an administrative hearing pursuant to
			 921 KAR 1:430, in accordance with
			 KRS
			 405.467(5); and
(b) Shall apply to the current and any
			 subsequent employer.
(7)
			 The health plan administrator shall notify the obligor and the cabinet of the
			 health insurance coverage within forty (40) working days of receipt of the
			 CS-72.
(8) If an obligor terminates
			 employment, the employer or other income source shall notify the cabinet of the
			 obligor's last known address and name of the new employer, if known, in
			 accordance with KRS
			 405.465(5).
(9) An obligor shall inform the cabinet of
			 any changes in:
(a) A current employer or
			 source of income;
(b) Access to
			 health insurance; and
(c)
			 Residential or mailing address.
(10) If an obligor transfers or assigns
			 income or income-producing property after receipt of notification of a child
			 support obligation, the cabinet shall take action pursuant to
			 KRS
			 405.060.
(11) If an arrearage only amount is subject
			 to withholding, the arrearage payment and frequency of payment shall be equal
			 to the payment and frequency last designated by court or administrative
			 order.
(12) The employer or other
			 income source shall forward:
(a) The support
			 obligation payment to the state disbursement unit in the child support agency
			 within seven (7) working days from the date an amount is withheld; or
(b) The medical insurance premium to the
			 health insurance carrier or notify the cabinet prior to payment if more than
			 one (1) option is available under a plan within twenty (20) business
			 days.
(13) The employer
			 or other income source shall include on the transmittal to the cabinet the
			 obligor's:
(a) Name;
(b) Social Security number; and
(c) Cabinet-assigned identification
			 number.
(14) The employer
			 or other source of income shall not be required to change payroll frequency but
			 shall withhold:
(a) At least once monthly;
			 and
(b) May combine withheld
			 amounts from more than one (1) obligor's income in a single payment to the
			 cabinet, if the amount attributable to each obligor is identified by:
1. Name;
2. Social Security number; and
3. Cabinet-assigned identification
			 number.
(15)
(a) An employer with twenty (20) or more
			 employees shall provide written notification of a lump sum payment of any kind
			 of $150 or more to be made to an employee who is currently under an income
			 withholding order, in accordance with
			 KRS
			 405.465.
1.
			 The written notice to the cabinet shall include the following:
a. Name of the employee;
b. Social Security number of the
			 employee;
c. Amount of the lump sum
			 payment; and
d. Intended payment
			 date.
2. The notice may
			 include multiple employees on one (1) written notification if the information
			 in accordance with subparagraph 1 of this paragraph is provided for each
			 employee.
(b) Upon
			 receipt of notification of a lump sum payment, Child Support Enforcement shall
			 determine if the employee owes an arrearage on a support obligation enforced by
			 the cabinet.
(c) If the employee
			 owes no arrearage, Child Support Enforcement or its designee shall notify the
			 employer to release the lump sum payment to the employee.
(d) If the employee owes an arrearage,
			 pursuant to paragraph (b) of this subsection, Child Support Enforcement or its
			 designee shall initiate:
1. A court order to
			 the employer in accordance with
			 KRS
			 405.465; or
2. An administrative order in accordance with
			 KRS
			 405.470.
(e) If Child Support Enforcement or its
			 designee does not contact the employer, the employer shall:
1. Hold the lump sum for thirty (30) calendar
			 days, in accordance with
			 KRS
			 405.465(6)(a), from the
			 projected date of its release; and
2. Release the lump sum payment to the
			 employee after the 30th calendar day, unless the employer has received from
			 Child Support Enforcement or its designee a court order or an administrative
			 order to withhold any portion of the lump sum
			 payment.
(16)
			 If an obligor receives unemployment compensation benefits, the cabinet shall:
(a) Through an agreement with the Education
			 Cabinet, Office of Employment and Training, submit a CS-76, Unemployment
			 Insurance Notice of Withholding, to the Department of Unemployment Insurance
			 within the Education Cabinet to collect a child support payment from an obligor
			 receiving unemployment compensation; and
(b) Notify an obligor with a CS-73,
			 Unemployment Insurance Letter, along with a copy of the CS-76, Unemployment
			 Insurance Notice of Withholding that:
1.
			 Current child support obligation or delinquency is owed;
2. The cabinet has completed a CS-76 to order
			 withholding of:
a. Fifty (50) percent of the
			 unemployment benefit; or
b. The
			 amount of the assigned support obligation, whichever is less; and
3. The obligor may contest the
			 withholding by requesting an administrative hearing as specified in
			 921 KAR
			 1:430.