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CHILD SUPPORT LIENS

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54324

15.820 Child support lien or levy in favor of office -- Filing of notice -- Foreclosure actions -- Immobilization of vehicles of child support obligors.

(1) A child support lien or levy in favor of the Office of the Attorney General shall be enforceable against all real and personal property of the obligor if he has failed to make child support payment in an amount equal to support payable for one (1) month and the child support has been assigned to the office. In accordance with subsection (4) of this section, the lien or levy shall have first priority over any other lien assigned by any other agency, association, or corporation.
(2) The Office of the Attorney General shall file a notice of lien or levy with the county clerk of any county or counties in which the obligor has interest in property and the notice shall be recorded in the same manner as notices of lis pendens. The recordation shall constitute notice of both the original amount of child support due and all subsequent amounts due by the same obligor. Upon request, an authorized agent of the Office of the Attorney General shall disclose the specific amount of liability to any interested party legally entitled to the information. The notice, when so filed, shall be conclusive to all persons of the lien or levy on the property having legal situs in that county. The lien or levy shall commence as to property of the obligor located in the Commonwealth at the time the notice is filed and shall continue until the original amount of child support due and any subsequent amounts, including interest, penalties, or fees, are fully paid. The lien or levy shall attach to all interest in real and personal property in the Commonwealth, then owned or subsequently acquired by the obligor. The clerk shall be entitled to a fee pursuant to KRS Chapter 64.
(3) The Office of the Attorney General may force the sale of the property of the parent subject to the lien or levy for the payment of assigned child support, and distribute the proceeds in accordance with 42 U.S.C. sec. 651 et seq.
(4) The Office of the Attorney General's lien or levy shall be superior to any mortgage or encumbrance created after the notice of lien or levy is recorded. The office shall give full faith and credit to child support liens or levies created in other states without requirement of judicial notice or proceedings prior to enforcement, but the liens or levies shall subordinate to any child support lien or levy of the office that relates to the same obligor and property.
(5) The Office of the Attorney General shall not enforce the lien by foreclosure action on a principal residence of an obligor if to do so would deprive a minor child of the obligor of a homestead, unless the failure to enforce the lien by foreclosure would result in the loss of the home of the minor child of the custodial parent.
(6) In the event another lienholder initiates a foreclosure action against the property of the obligor, the Office of the Attorney General may protect its interest in the property by filing an answer counterclaim and cross-claim and participate in the proceeds of any sale of the property as its interests may appear.
(7) The Office of the Attorney General shall notify the obligor of the filing of its claim of lien or levy and the opportunity to contest and appeal the action in accordance with the requirements of KRS Chapter 13B.
(8) Liens or levies resulting from actions provided by this section shall be inapplicable to an account maintained at a financial institution that is or may be subject to the data match system established by KRS 15.846, and is subordinate to any prior lien, levy, or security interest perfected by a financial institution or other legitimate lien or levy holder.
(9) The Office of the Attorney General may, after application to and approval of the Circuit Court, enforce the lien by the immobilization with vehicle boots of a vehicle registered in the obligor's name. The office shall establish procedures for vehicle booting by the promulgation of administrative regulations in accordance with the provisions of KRS Chapter 13A. The procedures shall require that the following conditions are verified before a vehicle is immobilized with a vehicle boot:
- (a) There is an arrearage that equals or exceeds six (6) months without payment;
- (b) The obligor has failed, after receiving appropriate notice, to comply with subpoenas or warrants relating to child support proceedings;
- (c) A lien has been filed in the county where the vehicle is kept;
- (d) The Department of Vehicle Regulation shows that the vehicle identification number for the vehicle to be booted is registered in the obligor's name;
- (e) The vehicle to be booted is solely owned by the obligor, co-owned by the obligor and current spouse, or owned by a business in which the obligor is the sole proprietor;
- (f) A notice of intent has been sent to the obligor, unless there is reason to believe that the obligor will leave town or hide the vehicle;
- (g) The obligor does not contact the cabinet within ten (10) days of notice to negotiate a settlement; and
- (h) A target date is set for booting.
The administrative regulations shall also require that the cabinet send a cancellation notice to the obligor and the sheriff if a decision is made to terminate the booting of a vehicle. Once a vehicle has been booted, the Office of the Attorney General shall attempt to reach a payment agreement with the obligor including terms for the release of the vehicle. If an agreement is not reached with the obligor, the office may proceed with the sale of the vehicle. If the office sells a vehicle, the office shall notify the Department of Vehicle Regulation to issue clear title to the new owner of the vehicle.

Effective: July 1, 2025
History: Repealed, reenacted, renumbered, and amended 2023 Ky. Acts ch. 124, sec. 18,
effective July 1, 2025. -- Amended 2000 Ky. Acts ch. 430, sec. 6, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 255, sec. 10, effective July 15, 1998; and ch. 426, sec. 221, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 418, sec. 13, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 411, sec. 8, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 487, sec. 4, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 379, sec. 2, effective July 13, 1984. -- Amended 1978 Ky. Acts ch. 384, sec. 342, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 343, sec. 9.
Formerly codified as KRS 205.745.
Legislative Research Commission Note (7/15/98). This section was amended by 1998 Ky.
Acts chs. 255 and 426 which are in conflict. Under KRS 7.136(3), Acts ch. 255, which was a nonrevisory Act, prevails.

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54356

15.852 Interstate lien to enforce Kentucky child support obligation -- Lien to enforce obligation created in another state -- Priority of out-of-state lien -- Certification of authority.

(1) An interstate lien may be created and a notice of interstate lien may be filed on all of an obligor's real and personal property that is located in another state to enforce a child support obligation which has been judicially or administratively established in the Commonwealth. The lien shall be filed in the appropriate offices of the state or county where the property of the obligor is located. All aspects of the lien, including its priority and enforcement, are governed by the law of the state where the property is located and shall remain until released by the authorized agent of the party which filed the lien, or in accordance with the laws of the state of filing.
(2) A lien to enforce a child support obligation which is created in another state shall be enforceable against all real and personal property of the obligor located in this state upon the filing of a notice of interstate lien with the county clerk of any county or counties in which the obligor has interest in property, and the notice shall be recorded in the same manner as notices of lis pendens. The recordation shall constitute notice of both the original amount of child support due and all subsequent amounts due by the same obligor. Upon request, an authorized agent of the party which filed the notice of interstate lien shall disclose the specific amount of liability to any interested party legally entitled to that information. The notice, when so filed, shall be conclusive notice to all persons of the lien on the property having legal situs in that county. The lien shall commence as to property of the obligor located in the Commonwealth at the time the notice is filed and shall continue until the original amount of child support due and any subsequent amounts, including interest, penalties, or fees, are fully paid. The lien shall attach to all interest in the real and personal property in the Commonwealth, then owned or subsequently acquired by the obligor. The clerk shall be entitled to a fee pursuant to KRS 64.012 for filing the lien and the same fee for releasing the lien.
(3) A child support lien created in another state shall be on a parity with state, county, and municipal ad valorem tax liens, and superior to the lien of any mortgage or other encumbrance created after the notice of interstate lien is recorded; however, it shall be subordinate to any child support lien which has been filed by the Office of the Attorney General as to the same obligor and property.
(4) The authority by which the child support lien is created in another state and filed in this state shall be certified on the notice of interstate lien by a person who is authorized to certify on behalf of the party that is filing the notice of interstate lien.
(5) The Office of the Attorney General may promulgate administrative regulations under the provisions of KRS Chapter 13A to implement this section.

Effective: July 1, 2025
History: Repealed, reenacted, renumbered, and amended 2023 Ky. Acts ch.
124, sec. 34, effective July 1, 2025. -- Amended 2006 Ky. Acts ch. 255, sec. 19, effective January 1, 2007. -- Created 1998 Ky. Acts ch. 255, sec. 49, effective July 15, 1998.
Formerly codified as KRS 205.7785.

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56574

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 lumpsum 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.

Effective: July 1, 2025
History: Amended 2025 Ky. Acts ch. 59, sec. 14, effective July 1, 2025. – Amended 2023 Ky. Acts ch. 124, sec. 54, effective July 1, 2025. -- Amended 2012 Ky. Acts ch. 158, sec. 72, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 99, sec. 633, effective June 20, 2005; and ch. 149, sec. 1, effective January 1, 2006. -- Amended 1998 Ky. Acts ch. 255, sec. 21, effective July 15, 1998; and ch. 426, sec. 584, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 365, sec. 8, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 330, sec. 14, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 418, sec. 10, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 411, sec. 22, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 487, sec. 14, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 144, sec. 9, effective July 13, 1984. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 409, effective January 2, 1978. -- Created 1972 Ky. Acts ch. 109, sec. 1.
Formerly codified as KRS 405.035.

https://apps.legislature.ky.gov/law/kar/titles/921/001/410/

921 KAR 1:410. Child support collection and enforcement.

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

STATUTORY AUTHORITY: KRS 15.055(2), 186.570(2), 194A.050(1), 205.712(3), 205.712(17), 205.745(9), 205.795, 405.411(2), 405.520, 42 U.S.C. 656, 659, 666(a), 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.

(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.

Section 3. Support Collection by Methods Other than Collection through Income Withholding.

(1) Federal income tax refund offset and federal administrative offset.
- (a) A public assistance case shall qualify for offset if there is:
  - 1. A court-ordered or administratively-established support obligation;
  - 2. An assignment of support to the cabinet;
  - 3. An arrearage of at least $150; and
  - 4. Cabinet verification of the accuracy of the obligor's name and Social Security number.
- (b) A nonpublic assistance case, for which the cabinet is providing services, involving past-due child support, a specific dollar amount of medical support, or spousal support shall qualify for offset if the:
  - 1. Cabinet is enforcing a court-ordered or administratively-established support obligation;
  - 2. Cabinet verifies accuracy of the obligor's name and Social Security number;
  - 3. Nonpublic assistance arrearage owed is equal to or greater than $500, exclusive of fees, court costs, or other non-child support debt; and
  - 4. Cabinet has the following:
    - a. A copy of the current support order;
    - b. A copy of the payment record; and
    - c. The custodial parent's last known address.
- (c)
  - 1. If a case is submitted for federal tax refund offset, the case may be subject to federal administrative offset of nonexempt federal payments pursuant to 42 U.S.C. 664 and 31 C.F.R. 285.1 and 285.3.
  - 2. Nonexempt federal payments shall be denied to individuals owing a child support arrearage as defined in paragraphs (a) and (b) of this subsection.
- (d) An Advance Notice of Intent to Collect Past Due Support, Form CS-122, shall be sent to the obligor of the intent to intercept the tax refund and the administrative offset to be applied to the obligor's account. The notice shall inform noncustodial parents:
  - 1. Of their right to contest the fact that past due support is owed or the amount of past due support by requesting an administrative hearing;
  - 2. Of the procedures and timeframe for contacting CSE to request an administrative hearing;
  - 3. That the hearing shall be conducted by the submitting state unless the noncustodial parent requests the hearing be conducted by the state with the order upon which the referral for offset is based; and
  - 4. That, in the case of a joint return, the Secretary of the U.S. Treasury shall notify the noncustodial parent's spouse at the time of offset regarding the steps to take to protect the share of the refund which may be payable to that spouse.
(2) State income tax refund offset.
- (a) A public assistance case and nonpublic assistance case shall qualify for offset if there is:
  - 1. A court-ordered or administratively-established support obligation;
  - 2. An assignment of support to the cabinet or the Child Support Enforcement program is providing services involving past due child support, a specific dollar amount of medical support, or spousal support;
  - 3. An arrearage of at least $150; and
  - 4. Cabinet verification of the accuracy of the obligor's name and Social Security number.
- (b) In accordance with KRS 131.570, an advance written notice shall be sent to the obligor that he or she may contest the accuracy of a past due amount by requesting an administrative hearing as specified in 921 KAR 1:430.
(3) Tort claim settlements and state administrative offset. The cabinet shall:
- (a) Identify a child support case for state administrative offset, including tort claim settlements, if a child support case meets the criteria specified in subsection (2)(a) or (b) of this section; and
- (b) Notify the Finance and Administration Cabinet to offset administrative payments, including tort claim settlements, in accordance with KRS 205.712(18), for a case identified in paragraph (a) of this subsection.
(4) Financial Institution Data Match (FIDM). The cabinet shall:
- (a) Use the following criteria to identify a case for seizure of assets:
- 1.
  - a. Assignment of support is made to the cabinet; or
  - b. Child Support Enforcement program is providing support services; and
  - 2. The obligor owes past-due support in an amount equal to or greater than one (1) month's support obligation;
- (b) Issue a CS-68, Order to Withhold and Deliver, and CS-69, Answer to Withhold and Deliver, to a financial institution holding the obligor's account or accounts;
- (c) Issue a CS-68 and CS-121, Noncustodial Parent's Answer to Withhold and Deliver, to the obligor within two (2) working days:
  - 1. After both of the forms specified in paragraph (b) of this subsection are issued to the financial institution; and
  - 2. To notify the obligor that the funds in the account with the financial institution may be retained by requesting an administrative hearing to contest the Order to Withhold and Deliver in accordance with 921 KAR 1:430;
- (d) Notify an obligor that to retain the funds in the account with the financial institution, an obligor shall take one (1) of the following actions within twenty (20) calendar days from the date of receipt of a CS-68:
  - 1. Pay the total arrearage;
  - 2. Request an administrative hearing to contest the CS-68; or
  - 3. Post a bond satisfactory to the cabinet; and
- (e) To release or amend an Order to Withhold and Deliver, send a CS-70, Release/Amendment of Order to Withhold and Deliver to:
  - 1. The obligor; and
  - 2. The financial institution.
(5) If a seizure of assets request is identified, as specified in subsection (4)(a) of this section, and is initiated from outside the commonwealth as a result of a FIDM, pursuant to 42 U.S.C. 666(a)(17), the cabinet shall comply with KRS 205.712, 407.5305, and 407.5507 to issue:
- (a) A CS-68 and a CS-69 to a financial institution holding the obligor's account or accounts;
- (b) A CS-68 and a CS-121, Noncustodial Parent's Answer to Withhold and Deliver, to the obligor within two (2) working days after both of the forms specified in paragraph (a) of this subsection are issued to the financial institution; and
- (c) A CS-70 to the financial institution if the initiating state's request is withdrawn.

Section 4. Enforcement Actions.

(1) Liens.
- (a) The cabinet shall file a lien on an obligor's interest in personal or real property, in accordance with KRS 205.745, if:
  - 1. The obligor owes an arrearage equal to or greater than one (1) month's obligation;
  - 2. The child support has been assigned to the cabinet;
  - 3. The property has been identified and located; and
  - 4. The value of the property exceeds the costs related to filing the lien.
- (b) To file a lien, the cabinet shall:
  - 1. Issue a CS-85, Notice of Lien, for property within or outside Kentucky in accordance with KRS 205.745 or 205.7785; and
  - 2. Provide a CS-119, Noncustodial Parent's Notice of Lien, along with a copy of the CS-85 to the obligor notifying him that:
  - a. The obligor may contest the lien as specified in 921 KAR 1:430;
  - b. A transfer of property in order to avoid payment shall be considered an act of fraud, in accordance with KRS 405.060(2); and
  - c. If the obligor makes full payment of the arrearage, including interest, penalties, and fees, a lien release shall be provided to the obligor using the CS-85, Notice of Lien.
- (c) To release a lien, the cabinet shall provide a CS-85, Notice of Lien, to the obligor.
(2) License and certificate denial, suspension, or revocation.
- (a) If an obligor owes an arrearage equal to or greater than six (6) months of an assigned support obligation or fails to comply with a subpoena or warrant relating to paternity or child support proceedings, as established in KRS 205.712(10):
  - 1. The cabinet shall forward the name of the individual to a board of licensure or board of certification for the notification of the denial, revocation, or suspension of a driver's license, professional license or certification, occupational license or certification, recreational license, or sporting license.
  - 2. The denial or suspension shall remain in effect until:
    - a. The obligor makes full payment of the arrears;
    - b. Payments on the past due child support are made in accordance with a court order or an administrative order;
    - c. The obligor complies with the subpoena or a warrant relating to paternity or child support proceedings has been removed;
    - d. The obligor provides supporting documentation of extenuating circumstances that is accepted by the cabinet; or
    - e. The appeal of the denial or suspension is upheld and the license is reinstated.
  - 3. The cabinet shall send to the obligor a CS-44, Notice of Intent to Request Denial or Suspension, which includes:
    - a. A section for an Answer to Notice of Intent providing the obligor with notice of the obligor's right to request an administrative hearing contesting the action as specified in 921 KAR 1:430; and
    - b. Notification that the CS-63, Notice to Licensing/Certification Board or Agency shall be rescinded if an action specified in paragraph (a) 2 of this subsection has been taken.
  - 4. The cabinet shall send to the issuing agency or board of licensure or certification a CS-63, if an action in subparagraph 2 of this paragraph has not been taken.
  - 5. The cabinet shall send to the issuing agency or board of licensure or certification a CS-63, within twenty (20) calendar days of the date of administrative hearing decision, if an administrative hearing results in a finding that the case qualifies for:
    - a. A license or certificate denial;
    - b. Suspension; or
    - c. Revocation.
  - 6. The cabinet shall notify the issuing board or agency that the obligor is no longer subject to denial, suspension, or revocation, if the obligor, in accordance with KRS 205.712(12):
    - a. Has eliminated the child support arrearage;
    - b. Is making payments on the child support arrearage in accordance with a court or administrative order; or
    - c. Complies with a subpoena or warrant relating to paternity or child support proceedings.
- (b) If an obligor owes an arrearage equal to or greater than one (1) year's obligation, the cabinet shall take action against a license to carry a concealed deadly weapon as specified in KRS 237.110(4).
(3) Vehicle booting.
- (a) If an obligor owes an arrearage equal to or greater than six (6) months obligation of an assigned support obligation and fails to comply with a subpoena or warrant relating to a child support proceeding, the cabinet may enforce a lien on a vehicle registered to the obligor by immobilization with a vehicle boot as established in KRS 205.745(9).
- (b) The cabinet shall:
  - 1. Verify with the Department of Vehicle Regulation that the vehicle identification number for the vehicle to be booted is registered in the obligor's name;
  - 2. Verify the vehicle to be booted is solely owned by the obligor, co-owned by the obligor and current spouse, or owned by a business in which the obligor is the sole proprietor;
  - 3. Send a notice of intent to the obligor, unless there is reason to believe that the obligor will leave town or hide the vehicle;
  - 4. File a lien in the county where the vehicle is kept; and
  - 5. Set a target date for booting the vehicle, if the obligor does not contact the cabinet within ten (10) days of notice to negotiate a settlement.
- (c) The cabinet shall send a cancellation notice to the obligor and to the appropriate local law enforcement personnel to terminate the booting of the vehicle.
(4) Newspaper publication of a list of delinquent obligors. If an obligor owes an arrearage equal to or greater than six (6) months of an assigned support obligation or fails to comply with a subpoena or warrant relating to paternity or child support proceedings, as established in KRS 405.411, a cabinet designee under 205.712(7) may:
- (a) Compile and furnish a list to a newspaper of general circulation in that county for publication; and
- (b) Include the name, last known address, and the past due amount owed by the obligor.
(5) Passport denial, revocation, or limitation. If the obligor owes an arrearage of $2,500 or more, in accordance with 42 U.S.C. 652(k) and 654(31), the cabinet shall:
- (a)
  - 1. Provide the Advance Notice of Intent to Collect Past Due Support, CS-122, to the obligor of the determination to be referred for passport denial, revocation, or limitation; and
  - 2. Include in the notice the consequences of the referral and the right to contest the action by requesting a hearing in accordance with KRS 205.712(9);
- (b) Provide the U.S. Secretary of Health and Human Services the names of individuals and supporting documentation for the denial, revocation, or limitation of the obligor's passport; and
- (c) Notify the Secretary of the U.S. Department of Health and Human Services that the cabinet requests the release of the passport of an obligor that had been denied if any of the following criteria are met:
  - 1. There was an erroneous submittal of a Social Security number;
  - 2. There is a case of mistaken identity and the cabinet has verified this information;
  - 3. The obligor is required to pay the past due support in full;
  - 4. The obligor provides documentation on company letterhead verifying travel for employment or business purposes and makes alternate payment arrangements acceptable to the cabinet; or
  - 5. There are extenuating circumstances in which the reason for travel is a family emergency and supporting documentation is provided to and accepted by the cabinet.
(6) Delinquent list.
- (a) The cabinet shall provide to the Office of the Attorney General a list of names of delinquent obligors for publication on the Internet, as established in KRS 15.055 and 205.712(17).
- (b) The cabinet shall send the obligor a CS-175, Notice of Intent to Place Noncustodial Parent's Name on Delinquent Listing notifying him or her of his or her right to contest by requesting a hearing.

Section 5. Incorporation by Reference.

(1) The following material is incorporated by reference:
- (a) "CS-44 Notice of Intent to Request Denial or Suspension", 10/23;
- (b) "CS-63 Notice to Licensing/Certification Board or Agency", 10/23;
- (c) "CS-68 Order to Withhold and Deliver", 10/23;
- (d) "CS-69 Answer to Withhold and Deliver", 9/10;
- (e) "CS-70 Release/Amendment of Order to Withhold and Deliver", 9/16;
- (f) "CS-72 National Medical Support Notice", 04/24;
- (g) "CS-73 Unemployment Insurance Letter", 9/10;
- (h) "CS-76 Unemployment Insurance Notice of Withholding", 9/10;
- (i) "CS-85 Notice of Lien", 08/24;
- (j) "CS-89 Income Withholding for Support", 04/24;
- (k) "CS-119 Noncustodial Parent's Notice of Lien", 9/10;
- (l) "CS-121 Noncustodial Parent's Answer to Withhold and Deliver", 10/23;
- (m) "CS-122 Advance Notice of Intent to Collect Past-Due Support", 10/12; and
- (n) "CS-175 Notice of Intent to Place Noncustodial Parent's Name on Delinquent Listing", 4/09.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Income Support, Child Support Enforcement, 730 Schenkel Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. and available online at https://csws.chfs.ky.gov/csws.

HISTORY: (20 Ky.R. 2299; eff. 3-14-1994; 21 Ky.R. 2557; 22 Ky.R. 61; eff. 6-21-1995; 1389; 1606; eff. 3-7-1996; 23 Ky.R. 3432; 3831; 4154; eff. 6-16-1997; 24 Ky.R. 2033; 2380; eff. 5-18-1998; 25 Ky.R. 644; 1642; eff. 1-19-1999; Recodified from 904 KAR 2:410, 2-1-1999; 26 Ky.R. 241; 776; eff. 10-20-1999; 27 Ky.R. 1955; eff. 3-6-2001; 28 Ky.R. 1703; 2216; eff. 3-28-2002; 30 Ky.R. 1127; 1554; eff. 1-5-2004; TAm eff. 10-27-2004 31 Ky.R. 1362; 1519; 1680; eff. 3-8-2005; 33 Ky.R. 249; eff. 9-20-2006; 34 Ky.R. 1874; 2146; eff. 3-19-2008; 35 Ky.R. 1927; eff. 3-11-2009; TAm eff. 5-14-2009; 36 Ky.R. 2395; 37 Ky.R. 385; eff. 8-18-2010; 39 Ky.R. 345; 776; eff. 10-17-2012; 41 Ky.R. 1715; 2000; eff. 4-3-2015; 43 Ky.R. 631, 992; eff. 12-14-2016; TAm eff. 8-22-2018; TAm eff. 4-14-2021; 50 Ky.R. 1198; eff. 2-20-2024; TAm eff. 4-18-2024; TAm eff. 9-19-2024.)