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Kentucky Revised Statutes Title XXXV. Domestic Relations § 405.465.Income withholding or wage assignments for child support, medical support, maintenance, and medical support insurance orders

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.  1

(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 lump-sum 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.

1 42 U.S.C.A. §§ 651 to 669b.
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Cite this article: FindLaw.com - Kentucky Revised Statutes Title XXXV. Domestic Relations § 405.465.Income withholding or wage assignments for child support, medical support, maintenance, and medical support insurance orders - last updated January 01, 2025 | https://codes.findlaw.com/ky/title-xxxv-domestic-relations/ky-rev-st-sect-405-465/

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