Prosecutors’ Handbook
Transmittal Letter No. 179
May 16, 2000
TO:All IV-D Agents
SUBJECT:Issuance of Income Withholding Notice (Form CS-43), Notice of Allocation of Support (Form CS-74) and Procedural Instructions
Obsolete Notice to Collection Agency (Form CS-88) and Procedural Instructions
The CS-43 and the CS-74 are being made available to contracting official caseworkers. The forms are being added to the Prosecutors’ Handbook since contracting officials and their caseworkers have the authority to take both judicial and administrative actions.
The CS-43 can be used to inform a noncustodial parent or obligor of the results of a hearing when the noncustodial parent or obligor has contested the Order/Notice to Withhold Income for Child Support (Form CS-89). Contracting official staff use the CS-89 in interstate cases involving direct income withholding. See Handbook Subsection 21.250, Direct Income Withholding, for further information.
The CS-74 is used to notify a custodial parent of the federal and state requirements for allocation of collections when more than one notice of withholdings exist against a single noncustodial parent or obligor.
45 Code of Federal Regulations (CFR) Section (§) 303.100(a)(5) and Kentucky Revised Statute (KRS) 405.467(7) state that if there is more than one notice of withholding against a single noncustodial parent or obligor, the Cabinet for Families and Children must allocate amounts available for withholding giving priority to current support up to the limits imposed under Section 303(b) of the Consumer Credit Protection Act (CCPA) at 15 United States Code (U.S.C.) Section 1673(b). This regulation and statute further state that although the payments must be allocated, in no instance shall the allocation result in a
Prosecutors’ Handbook
Transmittal Letter No. 179
May 16, 2000
Page Two
withholding for one of the support obligations not being implemented. Amounts withheld are to be allocated on a proportionate basis between multiple family units.
The CS-88 is being obsoleted because it is no longer necessary to inform a court collection agency of payments received directly by the Division of Child Support (DCS). Third party collection agencies are no longer used since all child support payments are now payable through the Central Collections Unit.
The CS-43 can be ordered by calling Ms. Joy Simpson in Central Office at 502/564-2285, extension 4407, or by sending Ms. Simpson an e-mail message. The name and address of the contracting official’s office must be included in the request. An unnumbered version of the CS-43 is attached for photocopying until the form can be ordered and received. The CS-74 is available on the Kentucky Automated and Support and Enforcement System (KASES). An unnumbered version of the CS-74 is attached for photocopying until the revised version is migrated to KASES.
THIS HANDBOOK TRANSMITTAL LETTER IS TO BE SAVED AND FILED FOR FUTURE REFERENCE AS IT EXPLAINS CHANGES WHICH HAVE BEEN MADE TO THE PROSECUTORS’ HANDBOOK.
The Prosecutors’ Handbook is to be updated as shown below.
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STEVEN P. VENO, DIRECTOR
DIVISION OF CHILD SUPPORT
Instructions for Handbook Maintenance
RemoveInsert
Table of Contents, Pages 9 andTable of Contents, Pages 9
10 (1/16/2000) and Pages 11 and 12through 12 (5/16/2000)
(4/16/2000)
Income Withholding Notice (Form
CS-43) (Rev. 5/00) and Procedural
Instructions (5/16/00)
Prosecutors’ Handbook
Transmittal Letter No. 179
May 16, 2000
Page Three
Instructions for Handbook Maintenance (Continued)
RemoveInsert
Notice of Allocation of Support
(Form CS-74) (Rev. 5/00) and
Procedural Instructions (5/16/00)
Notice to Collection Agency
(Form CS-88) (Rev. 10/98) and
Procedural Instructions (2/16/99)