921 KAR 1:400. Establishment, review, and modification of child support and medical support orders.

921 KAR 1:400. Establishment, review, and modification of child support and medical support orders.

RELATES TO: KRS 205.710-205.800, 205.990, 213.046(4), (9), 403.160(1), (2)(a), (b), 403.210-403.240, 405.430, 405.440, 405.991, 406.021, 406.025, 454.220, 45 C.F.R. 302.50, 302.56, 303.4, 303.8, 303.31, 42 U.S.C. 651-669b

STATUTORY AUTHORITY: KRS 194A.050(1), 205.795, 405.520

NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the secretary of the cabinet 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. KRS 205.795 and 405.520 authorize the secretary of the cabinet to promulgate and adopt administrative regulations to operate the Child Support Program in accordance with federal law and regulations. This administrative regulation establishes the requirements for the establishment, review, and modification of child support and medical support orders.

Section 1. Support Obligation shall be Established. (1) A child support and medical support obligation shall be established by:

(a) A court of competent jurisdiction; or

(b) An administrative order.

(2) The obligation shall be the amount:

(a) Specified in Section 2(4) of this administrative regulation; or

(b) Administratively established by the cabinet in accordance with the child support guidelines contained in KRS 403.212, as computed on form:

1. CS-71, Commonwealth of Kentucky Worksheet for Monthly Child Support Obligation; or

2. CS-71.1, Commonwealth of Kentucky Worksheet for Monthly Child Support Obligation Exception.

(3) The amount determined shall be the amount to be collected. Any support payment collected shall reduce the amount of the obligation dollar for dollar.

(4) For a public assistance case and a nonpublic assistance case for which child support services are being provided, the cabinet shall use state statute and legal process in establishing the amount of a child support and medical support obligation, including KRS 405.430 and 454.220.

(5) In addition to the deductions specified in KRS 403.212(2), the deduction for a prior-born child residing with a parent for an administratively or judicially imputed child support obligation, as specified in KRS 403.212(2)(g)3, shall be calculated by using:

(a) That parent's portion of the total support obligation as indicated on the worksheet, if:

1. There is a support order; and

2. A copy of the child support obligation worksheet is obtained; or

(b) One-hundred (100) percent of the income of the parent with whom the prior born child resides, if:

1. There is no support order;

2. There is a support order, but no support obligation worksheet; or

3. A worksheet cannot be obtained.

(6) In accordance with 45 C.F.R. 303.4(d), within ninety (90) calendar days of locating a noncustodial parent, or obligor, the cabinet shall:

(a) Complete service of process; or

(b) Document an unsuccessful attempt to serve process.

(7) If service of process has been completed, the cabinet shall, if necessary:

(a) Establish paternity;

(b) Establish a child support or medical support obligation; or

(8) If a court or administrative authority dismisses a petition for support without prejudice, the cabinet shall, at that time, determine when to appropriately seek an order in the future.

Section 2. Administrative Establishment. (1) The cabinet may administratively establish a child support obligation or medical support obligation, or both if:

(a) Paternity is not in question;

(b) There is no existing order of support for the child;

(d) The noncustodial parent's, or obligor's, address is known.

(2) The cabinet shall determine the monthly support obligation in accordance with the child support guidelines as contained in KRS 403.212, or subsection (4) of this section.

(3) To gather necessary information for administrative establishment, the cabinet shall:

(a) Send to the custodial parent, forms:

1. CS-133, Custodial Parent Information Request;

2. CS-65, Statement of Income and Resources;

3. CS-132, Child Care Expense Verification; and

4. CS-136, Health Insurance Information Request.

(b) Send to the nonparental custodian, forms:

1. CS-131, Nonparental Custodian Information Request;

2. CS-132; and

3. CS-136, if appropriate;

1. CS-64, Noncustodial Parent Appointment Letter;

2. CS-65;

3. CS-132; and

4. CS-136;

(d) Send a CS-130, Wage Information Request to the employer of the:

1. Custodial parent; or

2. Noncustodial parent, or obligor;

(e) Issue a CS-84 Administrative subpoena, if appropriate:

1. In accordance with KRS 205.712(2)(k) and (n);

2. On a custodial parent;

3. On a nonparental custodian;

4. On a noncustodial parent, or obligor; or

5. On an employer; and:

1. A utility and cable company;

2. A financial institution;

3. A custodial parent;

4. A nonparental custodian;

5. A noncustodial parent, or obligor; or

6. An employer; and

(f) Prior to initiating a request for information from a certified consumer credit reporting agency, send an obligor a CS-93, Advance Notice of Intent to Request Full Credit Report in accordance with KRS 205.7685.

(4) In a default case, the cabinet shall set the obligation based on the Kentucky Transitional Assistance Program (K-TAP) standard of need for a child as specified in 921 KAR 2:016, Section 9.

(5) After the monthly support obligation is determined, the cabinet shall:

(a) Serve a CS-66, Administrative Order/Notice of Monthly Support Obligation and a CS-80, Rights and Responsibilities of Noncustodial Parents, upon the noncustodial parent, or obligor, in accordance with the requirements of KRS 405.440;

(b) Provide the legal representative of the noncustodial parent, or obligor, with a copy of the notice within fourteen (14) calendar days of the noncustodial parent's, or obligor's, refusal or acceptance of the notice; and

(6) In accordance with KRS 405.430(6), a cabinet may modify the monthly support obligation established by the cabinet.

(7) The cabinet shall not administratively modify an obligation that is established by a court of competent jurisdiction, except as provided in subsection (8) of this section.

(8) If support rights are assigned to the cabinet, the cabinet shall direct the obligor to pay to the appropriate entity by modifying the order;

(a) Administratively upon notice to the obligor or obligee; or

(b) Judicially through a court of competent jurisdiction.

Section 3. Review and Adjustment of Child Support and Medical Support Orders. (1) In accordance with KRS 405.430(6), the cabinet shall notify each party subject to a child support order of the right to request a review of the order every thirty-six (36) months.

(2) In accordance with 45 C.F.R. 303.8(e), within 180 days of receiving a request for review or of locating the nonrequesting parent, whichever occurs later, the cabinet shall:

(a) Conduct the review;

(b) 1. Modify the order;

2. Request modification of the order; or

3. Determine the circumstances do not meet criteria for modification, in accordance with KRS 403.213, and issue a CS-79, Notification of Review Determination, as specified in paragraph (c) of this subsection; and

(c) Provide notification within fourteen (14) calendar days to each parent or custodian, if appropriate, and legal representatives.

(3) Pursuant to 45 C.F.R. 303.8, the cabinet shall conduct a review and, in accordance with subsection (4) of this section, modify a child support order:

(a) Upon the request of:

1. Either parent; or

2. Another party with standing to request a modification; and

(b) Every thirty-six (36) months in a K-TAP case in which the address of each parent or custodian is known.

(4) If a child support case meets the criteria of KRS 403.213, the cabinet shall:

(a) Modify an administratively established order; or

(b) Request a court of competent jurisdiction to modify a judicially-established order.

(5) In accordance with subsections (3) and (4) of this section, the cabinet or the cabinet’s designee shall seek modification of an administrative or judicial support order to include medical support on behalf of the child.

(6) Retroactive modification of a child support order shall occur in accordance with KRS 403.211(5) and 403.213(1).

Section 4. Incorporation by Reference. (1) The following material is incorporated by reference:

(a) "CS-64, Noncustodial Parent Appointment Letter", edition 10/06;

(b) "CS-65, Statement of Income and Resources", edition 10/06;

(d) "CS-71, Commonwealth of Kentucky, Worksheet for Monthly Child Support Obligation", edition 10/06;

(e) "CS-71.1, Commonwealth of Kentucky, Worksheet for Monthly Child Support Obligation Exception", edition 10/06;

(f) "CS-79, Notification of Review Determination", edition 3/08

(g) "CS-80, Rights and Responsibilities of Noncustodial Parents", edition 10/06;

(h) "CS-84, Administrative Subpoena", edition 03/08;

(i) "CS-93, Advance Notice of Intent to Request Full Credit Report", edition 10/06;

(j) "CS-130, Wage Information Request", edition 10/06;

(k) "CS-131, Nonparental Custodian Information Request", edition 10/06;

(l) "CS-132, Child Care Expense Verification", edition 3/08;

(m) "CS-133, Custodial Parent Information Request", edition 10/06; and

(n) "CS-136, Health Insurance Information Request", edition 3/08.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Community Based Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. (20 Ky.R. 2296: eff. 3-14-94; Am. 21 Ky.R. 2554; 22 Ky.R. 60; eff. 6-21-95; 2495; eff. 8-1-96; 23 Ky.R. 2881; 3576; eff. 2-19-97; 25 Ky.R. 642; 1640; eff. 1-19-99; Recodified from 904 KAR 2:400, 2-1-99; 27 Ky.R. 1107; 1497; eff. 12-21-2000; 28 Ky.R. 1700; 2043; eff. 3-14-2002; 29 Ky.R. 2801; eff. 7-16-03; 33 Ky.R. 636; 1096; eff. 10-18-06; 34 Ky.R. 1870; 2143; eff. 3-19-08.)