921 KAR 1:001. Definitions.

 

      RELATES TO: KRS 194A.050, 205.710-205.800, 403.210-403.240, 405.440, 405.520, 407.5101-407.5902, 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.

      STATUTORY AUTHORITY: KRS 194A.050, 205.710-205.800, 405.440, 405.520, 42 U.S.C. 651 et seq.

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 194B.050 provides that the Cabinet for Health and Family Services administer the Child Support Program (CSP). This administrative regulation sets forth 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) "Arrearage" means the total unpaid support obligation established by judicial or administrative order owed by a noncustodial parent, or obligor.

      (2) "Assignment of rights" means the written transfer of rights to any child support, any medical support, or spousal support obligation to the state.

      (3) "Assigned support obligation" means any child support, spousal support, or medical support obligation assigned to the state.

      (4) "Authority to collect" means the nonpublic assistance custodial parent's authorization for the Cabinet for Health and Family Services to collect child support, medical support, or spousal support owed on behalf of the family for whom the cabinet is providing child support services.

      (5) "Central registry" means a centralized office within the state agency responsible for:

      (a) Receiving and distributing an incoming interstate request; and

      (b) Responding to an inquiry received from another state regarding an interstate case.

      (6) "Cold check" means insufficient funds for the check tendered, stop payment order on the check tendered or closed account.

      (7) "CSP" means the Child Support Program.

      (8) "Custodial parent" means either a mother or father of a dependent child who is living in the home with the child.

      (9) "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.

      (10) "Dispute 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.

      (11) "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.

      (12) "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.

      (13) "Excess collections" means the amount of the collection which exceeds the monthly obligation amount.

      (14) "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).

      (15) "Initiating state" means the state that initiates child support activity on behalf of a child whose parent resides outside the child's state of residence or a state in which a proceeding is filed for forwarding to a responding state.

      (16) "Kentucky Transitional Assistance Program (K-TAP)", Kentucky's Temporary Assistance for Needy Families (TANF) Program means a 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 when both parents are in the home.

      (17) "Location" means the determination of a parent's location, income, assets, property or debt as provided by KRS 205.730(5).

      (18) "Long-arm statutory authority" means a state statute which provides for state jurisdiction over a nonresident.

      (19) "Noncustodial parent, or obligor" means either a mother or father of a dependent child who is not living in the home with the child. This term may also be used to describe the alleged father in a paternity case.

      (20) "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 a hearing.

      (21) "Nonparental custodian" means:

      (a) An adult who has been court appointed as the custodian of a minor child and is living in the home with the child; or

      (b) Any other person or entity that may have standing to request services on behalf of a child.

      (22) "Obligor" means that individual who is ordered to pay child support, spousal support, medical support, or health care coverage.

      (23) "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.

      (24) "Order and notice to withhold income for child 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 when applicable, the employee-paid share of the cost of health insurance coverage for a dependent child.

      (25) "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.

      (26) "Postreview challenge period" means the thirty (30) days following the date of the notice of adjustment or the notice of no change following the review for modification of the child support order.

      (27) "Public assistance" means the receipt of K-TAP, including child care or work subsidies and vouchers; Medicaid; or foster care benefits.

      (28) "Responding state" means the state that is managing the child support case received from an initiating state or a state to which a proceeding is forwarded for filing.

      (29) "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.

      (30) "Unassigned arrearage" means any arrearage that accrues that is not assigned to the Cabinet for Health and Family Services. (20 Ky.R. 2284; eff. 3-14-94; Am. 21 Ky.R. 2535; eff. 5-17-95; 22 Ky.R. 807; eff. 11-15-95; 23 Ky.R. 2874; 3361; eff. 2-19-97; 25 Ky.R. 632; 1633; eff. 1-19-99; Recodified from 904 KAR 2:001, 2-1-99.)