{"data":{"id":"us-ky/krs-405.467","jurisdiction":"us-ky","citation":"KRS 405.467","heading":"Withholding order issued by office -- Notice -- Hearing -- Combining","body":"orders and allocating amounts -- Duty and liability of employer -- Priority --\nInterstate requests.\n(1) All support orders issued by the Office of the Attorney Gen eral, including those\nissued pursuant to Part D, Title IV of the Federal Social Security Act, shall provide\nfor immediate withholding of earnings of the parent or parents obligated to pay\nchild support and medical support as is necessary to pay the child s upport\nobligation, except where one (1) of the parties demonstrates, and the court or\nadministrative order finds that there is good cause not to require immediate income\nwithholding, or a written agreement is reached by both parties which provides for\nan alternative arrangement.\n(2) In any case in which a support order was issued in the state and in which a parent is\nrequired to pay court-ordered or administratively determined child support, medical\nsupport, maintenance, and medical support insurance, and w age withholding is not\nin effect, and an arrearage accrues that is equal to the amount of support payment\nfor one (1) month, upon request of the absent parent, request of the custodial parent,\nor upon administrative determination, the Attorney General shal l issue an order for\nwithholding of earnings of the parent as is necessary to comply with the order plus\ninterest at the legal rate on the arrearage, if any, without the need for a judicial or\nadministrative hearing.\n(3) If a court -ordered arrearage repaym ent amount does not exist and an arrearage\naccrues that is equal to the amount of support payable for one (1) month, an\narrearage repayment amount may be determined administratively. The Office of the\nAttorney General shall promulgate administrative regula tions establishing the\nguidelines for arrearage payments.\n(4) In any case in which a parent is required either by court order or administrative\norder to provide medical insurance coverage for the child and the parent has failed\nto make application to obtai n coverage for the child, the Attorney General shall\nissue an order for withholding of the employee's share, if any, of premiums for\nhealth coverage and to pay the share of premiums to the insurer, without the need\nfor a judicial or administrative hearing.\n(5) The Office of the Attorney General shall advise the obligated parent that a wage\nwithholding has commenced by sending a copy of the order to withhold at the same\ntime that the order is sent to the employer. The only basis for contesting the\nwithholding shall be a mistake of fact or law. If the parent contests the withholding,\nthe Office of the Attorney General shall give the obligor an opportunity to present\nhis or her case at an administrative hearing conducted in accordance with KRS\nChapter 13B and decide if the withholding will continue.\n(6) The Office of the Attorney General shall combine any administrative or judicial\nwage withholding order, or multiple administrative or judicial orders for child\nsupport and medical support into a single wage withh olding order when payable\nthrough the office to a single family or to multiple family units.\n(7) The Office of the Attorney General shall serve the order to withhold earnings or\nnotice of multiple wage withholding orders specifying wage withholding\nrequirements on the employer of an obligor by certified mail, return receipt\nrequested. The order shall state the amount to be withheld, or the requirement to\nenroll the child under the health insurance coverage, including amounts to be\napplied to arrearages, plu s interest at the legal rate on the arrearage, if any, and the\ndate the withholding is to begin. The total amount to be withheld, including current\nsupport and payment on arrearages plus interest, and medical insurance coverage\nmay not exceed the limit per mitted under the federal Consumer Credit Protection\nAct at 15 U.S.C. sec. 1673(b).\n(8) If there is more than one (1) notice for child support withholding against a single\nabsent parent, the Office of the Attorney General shall allocate amounts available\nfor withholding, giving priority to current child support, up to the limits imposed\nunder Section 303(b) of the Consumer Credit Protection Act at 15 U.S.C. sec.\n1673(b). The allocation by the office shall not result in a withholding for one (1) of\nthe suppor t obligations not being implemented. Amounts resulting from wage\nwithholding shall be allocated on a proportionate basis between multiple family\nunits. Any custodial parent adversely affected by the provisions of this subsection\nshall have standing to chal lenge any proportionate allocations and, for good cause\nshown, a District Court, Circuit Court, or family court of competent jurisdiction\nmay set aside the Office of the Attorney General's proportional allocations as to the\ncustodial parent.\n(9) If the amo unts to be withheld preclude collection of the total amount of combined\nchild support and medical support due to the limits of the federal Consumer Credit\nProtection Act at 15 U.S.C. sec. 1673(b), the actual amount received shall be\napplied first to the cu rrent monthly child support obligation amount. Any payment\nexceeding the current monthly child support obligation shall then be applied by the\nOffice of the Attorney General to the administratively ordered or judicially ordered\nmedical support obligation.\n(10) The employer shall forward to the Office of the Attorney General that portion of\nsalary or wages of the parent due and to be due in the future as will be sufficient to\npay the child support amount ordered.\n(11) The employer shall be held liable to the Office of the Attorney General for any\namount which the employer fails to withhold from earnings due an obligor\nfollowing receipt of an order to withhold earnings.\n(12) Any order to withhold earnings under this sect ion shall have priority as against any\nattachment, execution, or other assignment, notwithstanding any state statute or\nadministrative regulation to the contrary.\n(13) No withholding under this section shall be grounds for discharging from\nemployment, refusing to employ, or taking disciplinary action against any obligor\nsubject to withholding required by this section.\n(14) The remedies provided for in this section shall also be available for applicable\nsupport orders issued in other states.\n(15) Interstate requests for withholding of earnings shall be processed by the Office of\nthe Attorney General.","path":["KRS Chapter 405"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54389","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:32Z","sha256":"e7a9b64e92f405bc14d231fe613f7b5b011a8e3bc78d1a6fb0fb5c75ad27be54","source_id":"us-ky","stale":false,"prev":"us-ky/krs-405.465","next":"us-ky/krs-405.470"},"notice":"GroundRules: Original legal text. Not legal advice."}