Frequently Asked Questions About Kentucky Child Support Enforcement
General Information
What is Child Support?
Child support in Kentucky refers to the financial contribution a noncustodial parent makes towards the upbringing of their child. It is designed to ensure that both parents share the financial responsibility for their child’s well-being.
Who is the Noncustodial Parent in Kentucky?
In Kentucky’s Child Support Program, the noncustodial parent (NCP) is the parent who does not have primary physical custody of the child. This parent is legally obligated to provide financial and/or medical support for their children.
Who is the Custodial Parent in Kentucky?
The custodial parent (CP) in Kentucky is the parent who has primary physical custody of the child. While typically a parent, the custodial parent can also be a relative or another caregiver. The custodial parent is the one who receives child and/or medical support payments for the child’s benefit.
What Should I Do If My Address Changes?
It is crucial to notify Child Support Enforcement immediately if either the custodial or noncustodial parent’s address changes. You can update your address through the “My Account” portal or by contacting your local child support office (Locate Office). Custodial parents can also report address changes for the noncustodial parent. Failing to update your address can lead to misdirected payments, case closure, or missed important notices regarding your case.
Understanding IV-D vs. Non-IV-D Cases in Kentucky
IV-D Case: This type of case involves an application for full child support services from Kentucky Child Support Enforcement. These services include locating the noncustodial parent, establishing paternity, setting up child and medical support orders, modifying existing orders, and enforcing support obligations. Full cooperation from the applicant is necessary to receive these comprehensive services.
Non-IV-D Case: In contrast, Non-IV-D cases do not involve Child Support Enforcement in establishing or enforcing support. These cases may also include former IV-D cases that were closed at the custodial parent’s request. Child support payments in Non-IV-D cases are processed and distributed based on existing court orders. It is the responsibility of the parents or their private attorneys to provide file-marked copies of relevant court orders to the NIVD office (Private Wage Withholding) to establish or update case information.
Can Kentucky Child Support Enforcement Help With Visitation or Custody Issues?
No, the Kentucky Division of Child Support Enforcement is not authorized to assist with visitation or custody matters. Federal regulations restrict their services to financial and medical support enforcement. For help with visitation or custody, you should consult a private attorney or contact the Custody and Visitation Hotline operated by the Louisville Legal Aid Society at 1-844-673-3470, available Monday through Friday.
How Can I Close My Child Support Case in Kentucky?
If you are a custodial parent in Kentucky and not receiving public assistance for your child, you can request to stop IV-D child support services at any time. You must submit a written request to your local child support office to discontinue services. However, even if you close a IV-D case, income withholding for Non-IV-D payments may continue through the Centralized Collection Unit as mandated by law.
Applying for Child Support Services in Kentucky
What Services Does the Kentucky Child Support Enforcement Agency Provide?
The Kentucky Child Support Enforcement Agency offers a range of services to ensure children receive the financial support they deserve:
- Locating noncustodial parents.
- Locating custodial parents to establish paternity in fatherhood cases.
- Establishing paternity, including arranging genetic testing.
- Establishing child and/or medical support orders.
- Enforcing child and/or medical support orders.
- Collecting and enforcing current and overdue child support payments.
- Ensuring compliance with medical support orders, including health insurance coverage.
- Collecting and enforcing court-ordered medical expense reimbursements.
- Collecting and enforcing spousal support (alimony) when a valid order exists, the child resides with the spouse/ex-spouse, and child support is also being collected by Child Support Enforcement.
- Reviewing and potentially modifying existing child/medical support orders.
Who is Eligible to Apply for Kentucky Child Support Services?
In Kentucky, anyone with physical custody of a child who needs assistance with:
- Establishing legal fatherhood (paternity).
- Obtaining a child support order.
- Collecting current or past-due child support payments.
is eligible for child support services. This includes parents who are separated but not yet divorced. Men who believe they are the biological father of a child born outside of marriage can also apply for services to establish paternity.
Can I Apply for Child Support Services Before My Child is Born?
No, in Kentucky, you must wait until after the child’s birth to apply for child support services.
What If the Child’s Father Lives in Another State or Country?
Yes, you can still apply for child support services in Kentucky even if the father lives in another state or country. Your local Kentucky child support office can collaborate with agencies in other jurisdictions to establish paternity and/or a child support order. However, these interstate or international cases can take longer to process due to the need for inter-agency cooperation and varying legal systems. It is important to note that not all countries participate in international child support enforcement agreements.
Can I Apply if I’m Unsure Who the Child’s Father Is?
Yes. Kentucky Child Support Enforcement can assist even if you are uncertain about the child’s paternity. After you apply for services, the local child support office will assess your situation and determine the best course of action, which may include paternity establishment.
How Do I Officially Apply for Child Support Services in Kentucky?
To apply for child support services in Kentucky, you must complete an official application. You can obtain this application in several ways:
- Visit your local child support office in person.
- Apply online through the KCSI website (KCSI home page).
- Download the application online and complete it.
Once completed, applications obtained online or from the local office must be either hand-delivered or mailed to your local child support office for processing.
Are There Fees for Kentucky Child Support Services?
Yes, Kentucky charges an annual $35.00 fee on child support cases where the custodial parent has never received public cash assistance (like KTAP/AFDC/KINSHIP CARE). This fee is only assessed if the total child support payments disbursed to the custodial parent within the federal fiscal year (October 1 – September 30) reach $550.00. Once this threshold is met, the $35.00 fee is deducted from the next payment after the $550.00 limit is reached. In cases with multiple custody arrangements and past-due support owed to a previous custodial parent, the fee is still applied after the current custodial parent receives $550.00.
How Long Does It Take to Get Child Support Started After Applying in Kentucky?
The time frame to establish child support in Kentucky varies based on each case’s complexity. Simpler cases are resolved faster, while complex situations take more time. Providing all requested information promptly will help expedite the process. Factors that can increase complexity include:
- Difficulty in locating the noncustodial parent.
- Need to establish paternity.
- Cases involving multiple potential fathers.
- Noncustodial parents residing in another state or country.
Does the Child Support Attorney Represent Me Personally?
No. In Kentucky child support cases, the Child Support Enforcement attorney represents the state’s interest in ensuring children receive financial support. They do not represent either the custodial or noncustodial parent’s personal legal interests. Parents may need to seek private legal counsel to represent their individual interests.
Establishing Paternity in Kentucky
What Exactly is Paternity?
Paternity, in legal terms, is the formal establishment of a child’s biological father. It is a crucial step in securing legal rights and responsibilities for both the father and the child, including child support.
What Are the Ways Paternity is Established in Kentucky?
Paternity in Kentucky can be established in two primary ways:
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Voluntary Acknowledgment of Paternity: This is a form that can be completed by both parents, often at the hospital after birth or later at the health department or local child support office. This method is suitable when there’s no doubt about fatherhood and genetic testing is unnecessary. Once completed, the form is legally recorded with the Office of Vital Statistics.
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Through Court Order: If paternity is not voluntarily acknowledged or is disputed, the court can establish paternity.
- Agreed Order: If paternity is uncontested, the alleged father can sign an agreed order, which the court will then approve and enter.
- Genetic Testing: If paternity is disputed, the court will order genetic testing. If the test results confirm the alleged father is the biological father, the court will issue a paternity order.
- Default Judgment: If the alleged father is officially served with a paternity action and fails to respond within 20 calendar days, the court may issue a default judgment of paternity, legally declaring him the father.
How is Genetic Testing Conducted for Paternity in Kentucky?
Genetic testing for paternity in Kentucky involves collecting DNA samples from the mother, the alleged father, and the child. The samples are collected using a buccal swab – a soft swab rubbed on the inside of the cheek. These samples are then sent to a certified laboratory for DNA analysis. Results typically take around a month, but processing times can vary.
What is the Cost of Genetic Testing for Paternity in Kentucky?
Currently, Kentucky Child Support Enforcement covers the costs of genetic testing in paternity cases. Prior to July 14, 2018, the agency would seek to recover these costs from the established father. However, this recoupment practice was discontinued after that date.
Establishing and Modifying Child Support in Kentucky
How is the Child Support Amount Calculated in Kentucky?
Kentucky uses the Kentucky Child Support Guidelines to determine child support amounts when orders are established or modified. These guidelines are based on the principle that both parents share financial responsibility for their children. The calculation considers the income of both parents, and a Child Support Estimation Calculator is available online to provide estimates.
How Can I Request a Change (Increase or Decrease) in My Kentucky Child Support Order?
To request a modification of your child support order in Kentucky, you must submit a written request to your local child support office handling your case. You should also provide current income verification, such as W2s, tax returns, and recent pay stubs. If applicable, include proof of childcare expenses and health insurance costs. Kentucky law requires a “substantial and continuing change in circumstances” that would result in a support obligation change of 15% or more (either increase or decrease) before the office will initiate legal action to modify the order. It’s important to note that if a review requested for an increase reveals that the guidelines actually indicate a decrease, or vice-versa, the office may proceed to adjust the order accordingly.
Will Child Support Automatically Stop When My Child Turns 18 in Kentucky?
In Kentucky, child support generally ends when a child turns 18. However, if the child is still enrolled in high school at age 18, support continues until the end of the school year in which they turn 19. In specific circumstances, a court may order support to continue past age 18 (or 19 if in high school). If a support order covers multiple children, the obligation does not automatically reduce when one child ages out, unless that child is the youngest, or the order specifies individual support amounts per child. In other multi-child cases, a formal review request is necessary to adjust the support amount when a child emancipates.
Does My Child Support Obligation Stop If I Go to Jail or Prison?
No. Incarceration does not automatically stop your child support obligation in Kentucky. Upon release, it is essential to contact your local child support office to update your address, employment information, and make payment arrangements. Failure to do so can lead to continued arrears and enforcement actions.
Medical Support in Kentucky Child Support Cases
Is Health Insurance Coverage Required for Children in Kentucky Support Orders?
Yes. Kentucky law mandates that all child support orders must include provisions for health insurance coverage for the children. Even if health insurance is not immediately available, the court will order it to be provided as soon as it becomes accessible to either parent.
Which Parent is Typically Responsible for Health Insurance in Kentucky?
The court has the authority to order either or both parents to provide health insurance coverage for their children. If affordable health insurance is not accessible, the order will typically include cash medical support, requiring payment for extraordinary medical expenses (those not covered by insurance).
What Defines “Reasonable Cost” for Health Insurance in Kentucky Child Support?
In Kentucky child support guidelines, “reasonable cost” for health insurance is defined as when the cost to provide health care coverage for the child(ren) does not exceed 5% of the responsible parent’s gross income. This ensures that the cost of health insurance is proportionate to the parent’s financial capacity.
Payment Information for Kentucky Child Support
Where Do I Send Child Support Payments in Kentucky?
In Kentucky, noncustodial parents have several options for making child support payments:
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Online: Payments can be made through the KCSI website.
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Phone: Payments via debit or credit card can be made by calling your caseworker.
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Mail: Payments by check or money order must be mailed to:
Centralized Collection Unit
P.O. Box 14059
Lexington, KY 40512Important: Mailed payments must clearly include the noncustodial parent’s name and Social Security number or IV-D case number. Checks or money orders should be made payable to “Kentucky Child Support Enforcement.”
Can I Pay for Multiple Child Support Cases With a Single Payment?
Yes. You can combine payments for multiple Kentucky child support cases into one check or money order. However, you must provide clear instructions, either written on the payment or attached, detailing:
- The IV-D case number for each case.
- The specific amount to be applied to each case.
If these instructions are missing, payments will be proportionally divided among all of the noncustodial parent’s active child support cases.
How Can Custodial Parents Receive Child Support Payments in Kentucky?
Custodial parents in Kentucky can choose to receive their child support payments in two primary ways:
- Direct Deposit: Electronic deposit directly into a checking or savings account.
- Kentucky Way2Go Card: A prepaid debit card option.
Click here for more information about the Kentucky Way2Go Card.
How Do I Set Up Direct Deposit for Child Support Payments?
To enroll in direct deposit for Kentucky child support payments, you need to complete and submit an Authorization for Electronic Deposit of Child Support Payments form. You can return the form by mail or fax to the address/fax number listed on the form, or you can complete and submit it electronically through the KCSI website.
How Do I Change My Direct Deposit Information or Request a Way2Go Card?
To change your bank account details for direct deposit or to request a Kentucky Way2Go Card, you must again complete the Authorization for Electronic Deposit of Child Support Payments form (An Authorization for Electronic Deposit of Child Support Payments). Submit the updated form via mail, fax, or electronically through the KCSI website.
How Can I Check if a Child Support Payment Has Been Received?
Kentucky’s online portal allows both custodial and noncustodial parents to manage their child support cases online. Through “My Account” (My Account), you can access information including:
- Payment history and account balances.
- Address and employment updates.
- Upcoming appointments or court dates.
- Direct deposit information updates.
To register, you must have a valid email address on file with Child Support Enforcement and your correct date of birth. You will also need your individual child support identification number. Call (800) 248-1163 to verify and obtain this information. Review the instructions here before starting enrollment.
How Long Does It Take to Receive a Child Support Payment After It’s Made?
Once a child support payment is received and processed by Kentucky Child Support Enforcement, it is typically disbursed within two business days. Custodial parents receiving payments via direct deposit or Way2Go Card should then receive the funds within approximately three business days from the disbursement date.
What Should I Do If I Haven’t Received My Child Support Check?
If you haven’t received your child support payment within 10 business days from the expected disbursement date, contact your local child support office immediately. They will investigate the payment. If the check hasn’t been cashed or returned, a stop payment will be placed on the original check, and a new one will be issued. If the check has been cashed, further investigation is required, which may take 2-3 weeks to determine the status before a replacement check can be issued.
How Soon After a Payment is Made Will the Custodial Parent Receive It?
For non-public assistance (NPA) cases in Kentucky, if the custodial parent receives payments via direct deposit or a Kentucky Way2Go Card, it generally takes up to three business days from the disbursement date to receive the funds. Payments made online may take 5-10 business days to process and reach the custodial parent. If the custodial parent is receiving public assistance, child support payments are typically retained to reimburse the state for the public assistance provided.
How Do I Get a Kentucky Way2Go Card for Child Support Payments?
To request a Kentucky Way2Go Card for receiving child support payments, you need to complete and submit the Authorization for Electronic Deposit of Child Support Payments form. You can submit the form by mail, fax, or electronically through the KCSI website.
Income Withholding for Kentucky Child Support
What is Income Withholding for Child Support?
Income withholding is a direct method of child support enforcement in Kentucky. It involves automatically deducting child support payments (including current support, past-due support, child care, medical support, or spousal support) directly from a noncustodial parent’s wages or other income sources.
What Types of Income Can Be Subject to Withholding in Kentucky?
Kentucky law allows for income withholding from a broad range of income sources, including but not limited to:
- Salaries and wages from employment.
- Unemployment Compensation benefits.
- Worker’s Compensation benefits.
- Social Security retirement or disability benefits.
- Veteran’s retirement benefits.
- Pension and job retirement benefits.
What Income Sources Are Exempt from Income Withholding in Kentucky?
Certain types of income are protected from income withholding for child support in Kentucky:
- Public Assistance benefits (TANF, KTAP, AFDC, KINSHIP CARE).
- Supplemental Security Income (SSI).
- Federal Black Lung Benefits.
- Federal grants and fellowships.
- Veteran’s Disability Benefits.
Can Child Support Be Collected From Assets Other Than Wages in Kentucky?
Yes. Kentucky Child Support Enforcement can pursue collection from various types of assets beyond just wages. These can include:
- Federal and state tax refunds.
- Insurance settlements.
- Unemployment compensation.
- Worker’s Compensation.
- Real and personal property.
- Lottery winnings.
- Funds in bank accounts.
Custodial parents should inform their caseworker about any known assets of the noncustodial parent that could be used for support collection.
What’s the Maximum Amount That Can Be Withheld From My Income for Child Support?
Federal and Kentucky laws set limits on the percentage of disposable income (earnings after mandatory deductions like taxes) that can be withheld for child support. These limits depend on whether the noncustodial parent is supporting a second family (spouse and/or dependent child) and whether they have accumulated arrearages (past-due support). The maximum withholding percentages are:
- 50% if supporting a second family.
- 55% if supporting a second family and owing arrearages more than 12 weeks past due.
- 60% if not supporting a second family.
- 65% if not supporting a second family and owing arrearages more than 12 weeks past due.
How Long Does It Take for Income Withholding to Begin?
Once an employer in Kentucky receives an income withholding order, they are legally required to start withholding child support from the noncustodial parent’s paycheck within 14 days. The employer must then remit the withheld payments to Child Support Enforcement within 7 days of deducting them from the employee’s pay. Employers are not obligated to alter their payroll cycles to match the child support payment frequency. For example, if the order is for $50 per week and the employee is paid bi-weekly, the employer can send bi-weekly payments of $100.
As a Noncustodial Parent, How Do I Report a Job Change?
It is crucial for noncustodial parents to report any job changes immediately. You can do this by contacting your local child support office or by updating your employment information through the KCSI website. Once the new employment information is received, an income withholding order will be sent to your new employer. It’s your responsibility to continue making child support payments until income withholding from your new job begins.
Why Do I Need to Provide the Noncustodial Parent’s Employer Information? Shouldn’t Child Support Enforcement Find This?
While Kentucky employers are legally mandated to report new hires, this reporting is not always immediate or consistently timely. When employers do report new hire information, it is eventually routed to Child Support Enforcement and the relevant caseworker, but this process can take time. Providing employment information directly to your caseworker can significantly expedite the income withholding process and ensure payments start sooner. Additionally, income withholding may not be applicable in situations where the noncustodial parent is self-employed or working under contract.
My Employer Sent Payments, But They Aren’t Posted to My Account. What Should I Do?
If your employer has sent child support payments to Kentucky Child Support Enforcement, but they are not showing up in your account, it’s essential to report this issue as soon as possible. Contact your local child support office. The office may also need to contact the employer. Be prepared to provide details such as:
- Whether the payment was sent electronically (EFT) or by paper check.
- The check date.
- The check number.
- The payment amount.
With this information, your caseworker can investigate and track down the payment.
Enforcing Child Support Orders in Kentucky
What Enforcement Actions Can Kentucky Child Support Enforcement Take?
Kentucky Child Support Enforcement has a variety of enforcement tools to collect unpaid child support. The specific action taken depends on the case circumstances. Enforcement remedies include:
- Court Actions: Potentially leading to jail time for non-payment.
- Tax Refund Interception: Intercepting federal and state tax refunds.
- Passport Denial: Preventing passport issuance or renewal.
- Liens: Placing liens on property.
- License Revocation/Denial: Suspending or denying driver’s, professional, occupational, or recreational (hunting/fishing) licenses.
- Bank Account Levy: Freezing and seizing funds from financial institution accounts.
- Unemployment Benefit Withholding: Withholding a portion of unemployment benefits.
How Late Must a Noncustodial Parent Be Before Enforcement Actions Begin?
Kentucky Child Support Enforcement typically initiates enforcement actions when a noncustodial parent is behind on payments by an amount equal to one month’s child support obligation.
Why Is Child Support Withheld From My Unemployment Benefits Even Though I’m Current on Payments?
When Kentucky Child Support Enforcement is notified that a noncustodial parent is receiving unemployment benefits, they automatically take action to withhold child support. This is a standard procedure because unemployment benefits are considered a source of income from which support can be deducted. This action might occur even if you are currently making payments, as it is a proactive measure to ensure ongoing support.
How Much of My Unemployment Check Can Be Withheld for Child Support?
Kentucky Child Support Enforcement can withhold up to 50% of your unemployment check amount, or the total amount of your monthly child support obligation, whichever is less.
My Passport Has Been Denied Due to Child Support Debt. What Can I Do?
If you owe over $2,500 in past-due child support, Kentucky Child Support Enforcement reports this to the U.S. State Department, which can lead to passport denial. To have your passport released, you must meet one of these conditions:
- Pay the past-due amount in full.
- Provide documentation on company letterhead verifying that international travel is essential for your employment and arrange acceptable payment terms for the arrears.
- Provide proof of necessary travel due to extreme circumstances, such as a death in the family or a medical emergency.
Once Child Support Enforcement notifies the passport denial agency of your compliance, it may take 7-10 business days for the passport hold to be lifted.
My License Has Been Suspended Because of Child Support. How Can I Get It Reinstated?
Kentucky Child Support Enforcement can suspend, deny, or revoke various licenses (driver’s, professional, etc.) if you owe past-due support equal to or exceeding 6 months of nonpayment, or if you fail to cooperate with subpoenas or warrants related to a paternity or child support case. To reinstate your license, you must meet one of the following:
- Pay the entire past-due child support amount.
- Make a payment and enter into a formal payment agreement to address the arrears.
- Fully cooperate with the subpoena or warrant that led to the suspension.
How Can I Remove a Lien Placed on My Property for Child Support?
A lien placed on your property by Kentucky Child Support Enforcement will only be released once you have paid the full child support arrearage, including any accrued interest and penalties.
Why Has My Bank Account Been Frozen?
If you owe past-due child support in Kentucky, Child Support Enforcement has the legal authority to issue a notice to your bank to withhold and deliver funds from your account to satisfy the debt. This is a common enforcement action to collect arrears.
What Can Be Done If Child Support Payments Are Consistently Late?
In Kentucky, a current month’s child support payment is not considered officially delinquent until 30 days have passed from the due date, and the total amount owed is equal to or exceeds one month’s obligation. Once payments are past-due by 30 days and meet this arrearage threshold, Child Support Enforcement can initiate enforcement actions.
How Can Child Support Be Collected If the Noncustodial Parent is Paid in Cash?
Income withholding may not be effective if a noncustodial parent is paid in cash and not through a formal employer. In such cases, Kentucky Child Support Enforcement will utilize other enforcement methods to collect support if payments are not being made voluntarily. These methods could include asset seizure, liens, license suspension, and court actions.
Tax Refund Interception Program in Kentucky
What is Tax Intercept for Child Support?
Tax intercept is a powerful tool used by Kentucky Child Support Enforcement to collect past-due child support. The program allows the agency to intercept federal and/or state tax refunds of noncustodial parents who owe arrears. For federal tax refund interception, the noncustodial parent must owe at least:
- $500 in past-due support in cases where the custodial parent does not receive Public Assistance.
- $150 in past-due support in cases where the custodial parent does receive Public Assistance.
For state tax refund interception, the threshold is lower: the noncustodial parent must owe at least $150 in past-due support, regardless of whether the custodial parent receives Public Assistance. Intercepted federal tax refunds are first applied to any child support debt owed to the state. Custodial parents can only receive tax intercept payments if the noncustodial parent files taxes and is eligible for a refund. If a noncustodial parent also owes back taxes or did not pay enough taxes during the year, they may not be eligible for a refund to be intercepted. Any refund amount remaining after the child support arrears are paid in full is returned to the noncustodial parent.
Why Are Intercepted Federal Tax Refunds Held for 6 Months?
When a noncustodial parent files a joint federal tax return, a portion of the refund might legally belong to their current spouse. To protect the spouse’s rights, Kentucky Child Support Enforcement is required to place a 6-month hold on intercepted joint tax refunds. This allows the spouse to file an “injured spouse” claim to recover their share of the refund if applicable.
Can the 6-Month Tax Refund Hold Be Released Early?
No. The mandatory hold periods for intercepted tax refunds in Kentucky are fixed. Joint returns are held for the full 6 months to allow for potential injured spouse claims. Single returns are held for a shorter period of 30 days. These hold periods cannot be shortened or released early.
