The collection of child support is neither a constitutional nor a statutory duty of the county attorney. Steve Gold, however, has agreed to undertake the responsibility of assisting custodial parents receive the payments that they rightfully deserve. The County Attorney’s office is currently under agreement with the Commonwealth of Kentucky’s Cabinet for Health and Family Services (CHFS) as its representative in the county to do so.
It is important to understand that the attorneys and staff at the Child Support office do not provide legal representation to either parent as a private attorney would, but rather administers the laws of Kentucky to see that support is set and paid according to law. The County Attorney’s office may only deal with adult parties who request services in their capacity as the adult representative (guardian, custodial parent) pursuant to his or her obligation to provide legal services to and for CHFS and the Commonwealth of Kentucky according to KRS 205.712(7). Each applicant for services must sign and execute an Authorization and Acknowledgement of No Legal Representation (CS-11).
Goals and responsibilities of the Child Support Division:
- Establish Paternity
- Establish child/medical support orders
- Modify child/medical support orders
- Enforce current child/spousal/medical support
- Collect current child/spousal support
- Enforce payment of past-due support
Our office has a limited scope on pursuing medical orders (only when someone is receiving a medical card or if there is a judgment for a specific amount).
All of these services are provided by the state so there is no cost or fee to the public.
Responsibilities of Custodial Parents
In order to assist you, we need to be able to communicate with you when necessary. You must contact our office if you have a change of address, telephone number or change of employment. Further, you must keep us informed of new information regarding the non-custodial parent. Changes of address must be submitted in writing to our office.
The length of time to process your case varies depending on the information we have been provided and the type of actions required. Delays can occur if the non-custodial parent lives out of state or if our office cannot locate the non-custodial parent. Processing a case fully through the court system can take several months and full cooperation from you. Each case is very important to us, but we request your patience and cooperation throughout the process.
Child Support Frequently Asked Questions
Q: Who decides how much child support I receive?
A: The Kentucky Legislature has established a mathematical formula for setting support called the Uniform Child Support Guidelines. Both parties’ income, medical insurance costs, day care expenses and child support being paid for older children are all factored into the formula to arrive at the amount of support to be paid.
Q: What kind of information do I need to establish a child support order?
A: It is helpful if you can provide the non-custodial parent’s address, social security number, date of birth, employer, bank account numbers, property holdings and investments. Look for this information in old insurance policies, credit card or other applications, state and federal tax returns, hospital records, police records and birth certificates to which you have legal access.
You may be able to get information from the non-custodial parent’s business associates, friends, or relatives. Also, please provide copies of any existing court orders and records of payments.
If you can provide the non-custodial parent’s date of birth, father’s name, and mother’s maiden name, the child support agency may be able to obtain information from the Social Security Administration, the Internal Revenue Service, the Veterans’ Administration, the Department of Defense, the Armed Forces, and/or the Selective Service Administration.
If you can provide the non-custodial parent’s social security number, the child support agency can obtain information from all state and federal files. Be aware, however, that finding a non-custodial parent through these sources make take several months.
Q: Can the amount be changed in the future?
A: If there is a change in circumstances (i.e. change in one or both parties’ income, an older child being emancipated) that results in a change in the amount of child support of at least 15%, then the amount can be modified.
Q: How do I have the amount changed?
A: In order to review the child support obligation for a possible modification, per Federal Regulations, you must submit your request in writing to the Henderson County Attorney’s Office. A motion to modify support must be filed with the same court that has jurisdiction over the case. Only a court order signed by the judge can legally change the amount of child support. If both parties agree, an agreed order can be signed by both sides and the judge. Without an agreement, there must be a hearing in court and the judge decides.
Q: Who can request a review for modification of a support order and how is a review of a child support obligation requested?
A: In accordance with 45 Code of Federal Regulations (CFR) 303.8(a), Kentucky Revised Statute (KRS) 405.430(6) and 921 Kentucky Administrative Regulation (KAR) 1:400 Section 3, the following individuals or entities may request a review for possible modification:
- The custodial parent may request an adjustment to the child support order
- The noncustodial parent may request an adjustment to the child support order through our office.
- A nonparental custodial parent (i.e., grandmother, grandfather, aunt, uncle, etc.) may request a review for possible modification.
- A noncustodial parent whose child support order was established by default may request a review through our office.
A foreign reciprocating country or a foreign country with which Kentucky has an arrangement may request a review of their order and the request shall be treated the same as a request by another state in accordance with SSA 454(32)(A) (42 U.S.C. 654(32)(A)).
Personal Responsibility Work Opportunity Reconciliation Act (PRWORA) Section 351, SSA 466(a)(10) (42 U.S.C. 666(a)(10)), 45 CFR 303.8(b)(6), and KRS 405.430(6) specify that at least once every three years, child support staff must notify each party subject to a IV-D child support order of the right to request a review of the order and, if appropriate, adjust the order.
Q: When does child support stop?
A: The obligation to pay child support stops in most cases when the child becomes emancipated. This occurs in most cases when the child turns 18 or graduates from high school, whichever occurs later.
Q: If I have more than one child and the oldest becomes emancipated, does the amount of child support automatically go down?
A: No. If your court order is a per child order, then support will automatically go down; otherwise the parent paying the support must file a motion with the court to have the amount of support reduced and it will be recalculated according to the uniform child support guidelines. The request for modification must, by Federal Regulations, be submitted in writing.
Q: The parent who is supposed to be paying child support isn’t paying. What can I do?
A: The child support office in the county where the support was first ordered can help you enforce the order against the parent who is not paying. Several options are available including holding the paying parent in contempt of court and bringing criminal charges. Some other examples include: income withholding, denial or suspension of a driver’s or professional license, intercept of lottery winnings, intercept of state or federal taxes, and denial of a passport. Information you have about the paying parent’s address and place of employment can be very helpful.
Q: What is the age of emancipation in Kentucky?
A: KRS 405.020(1) provides that.”The father shall be primarily liable for the nurture and education of his children who are under the age of eighteen (18) when the child is a full-time high school student, but not beyond completion of the school year during which the child reaches the age of nineteen (19) years.”
Q: She/he never lets me see the kids, so why do I have to pay child support?
A: The legal obligation to pay child support is completely separate from the issue of visitation rights. If you are court ordered to pay child support, you must do so regardless of when or if you see the children. If there is a court order giving you visitation and the custodial parent refuses to let you see the children, your recourse is to file a motion with the court asking that he/she be held in contempt of court.
Q: Where do I send my payment?
A: Be sure to include your name and social security number.
Mail your payment to:
Division of Child Support
P.O. Box 14059
Lexington, Kentucky 40512-4059
Henderson County Attorney
P. O. Box 1316
Henderson, KY 42419-1316
Q: Has a payment recently been received for me?
A: Please call Child Support Voice Response System at (800) 443-1576.
The toll-free number (800) 443-1576 provides automated access to child support payment and account information. This system is available 24 hours a day, seven days a week. You must use your Individual Child Support ID Number provided by the child support agency to access and obtain information from the IVR. In the event your Individual Child Support ID Number is lost or forgotten, please contact your local child support office for assistance.
Payment information may be obtained from our office but due to confidentiality, you must either submit this request in writing or come by the office. Holidays generally delay payments two to three days. Generally, child support payments will be received by you within seven to ten days from the date a payment is made in our office.
Q: How do I calculate my Child Support Obligation?
A: The following forms are used to calculate the amount of child support a noncustodial parent must pay. The CS-71.1 is only used when one parent has 100 percent of the total income for the family. When printing these forms, you must also print a copy of the Child Support Guidelines Table, in order to complete the worksheet.
- CS-71 — Worksheet For Monthly Child Support Obligation
- CS-71.1 — Worksheet For Monthly Child Support Obligation Exception
- CS-71 (Spanish) — Worksheet For Monthly Child Support Obligation
- CS-71.1 (Spanish) — Worksheet For Monthly Child Support Obligation Exception
- Child Support Guidelines Table
- Income Table
Q: How do I request that my child support payment be deposited into my bank account?
A: A direct deposit form may be obtained from our office.
Q: How do I obtain a copy of my payment history?
A: Due to confidentiality, only a custodial parent or non-custodial parent may request a copy of your pay history. This request must be made in writing or you can come by the office and obtain a copy.
Q: What if the non-custodial parent lives in another state?
A: The Uniform Interstate Family Support Act (UIFSA) was enacted by the Federal Government in order to provide all child support services available to an individual when either the custodial parent or non-custodial parent lives in a different state. The same services provided when both parties live in the State of Kentucky can be provided when one of the parties lives out of state.
Child Support Glossary of Terms:
A man who has acknowledged or recognized the paternity of a child by completing, with the child’s mother, a voluntary acknowledgment of paternity.
A man who has been found, by entry of a legal judgment, to be the father of a child born out of wedlock.
The process whereby a noncustodial parent’s or obligor’s objections to an administrative action taken by the Division of Child Support Enforcement (DCSE) are heard by an impartial hearing officer upon a timely request. A custodial parent may request an administrative hearing if he or she disagrees with the result of a modification review.
A written statement made under oath before a notary public testifying that the information being provided is true and correct.
Age of Majority
Refers to a child who has attained “legal age” or “adulthood.” In Kentucky, the age of majority is 18 or age 19 for an unmarried child who is a full-time high school student, but not beyond the completion of the school year during which the child reaches the age of 19 years.
The age of majority is generally the age at which support payments are terminated unless the child is still in high school or is disabled.
A judgment reached by agreement of the parties involved.
Alleged Father (interchangeable with ‘Putative Father’)
The man named as the possible biological father of a child born out of wedlock.
A person who has requested IV-D services, either from an area child support office or from a contracting official.
The total unpaid support obligation owed by a noncustodial parent or obligor.
The amount of arrears that are not specified in a court or administrative order, but which accrue due to nonpayment of support. Accrued arrearages are fully enforceable and automatically become a judgment on the date that the unpaid support is due.
The amount of arrears reduced to a judgment or specified in a court or administrative order.
Any unpaid child support owed to a custodial parent which he or she assigns as a condition for receiving public assistance services. In addition, an assigned arrearage is an arrearage that accrues during the time K-TAP is or was received.
Support owed to a custodial parent which has accrued after IV-D services are stopped.
The grant or money payment made to a needy family by either the K-TAP or FC program.
Burden of Proof
The necessity for a person to confirm or prove a fact in dispute on an issue raised between the parties.
Cabinet for Families and Children (CFC)
The state agency responsible for providing services to Kentuckians in need.
Caretaker Other Than Parent
This term refers to an individual who is the custodian of the child(ren) but who is not the biological mother or father of the child(ren).
The money paid by a person specifically to provide for the needs of a minor child.
Child Support Action
A judicial and/or an administrative action taken under Kentucky law to establish an amount of money to be paid by a noncustodial parent or obligor to provide for the needs of a minor child.
Child Support Guideline
Sets forth a recommendation for the physical support of children based on a determination of income available to both parents.
A case where all children are emancipated and all arrears are paid in full. Also a case in which there is little or no potential for successfully completing action now or in the future.
The Henderson County Attorney’s Office Child Support Division is funded by the Kentucky Cabinet for Families and Children, which is a partially federally funded agency.