KRS 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 b e

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 b y 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 p ersons 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 su pport 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 sha ll 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 a n 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 t o 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 ac cordance 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 th at 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 t he

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.