TO:All IV-D Agents and Staffcsm No. 146

TO:All IV-D Agents and StaffCSM No. 146

Child Support Enforcement Staff

FROM:Steven P. Veno

Deputy Commissioner

DATE:October 7, 2010

SUBJECT: 921 Kentucky Administrative Regulations (KAR)1:410, Child Support Collection and Enforcement

921 KAR 1:410 was revised effective August 18, 2010. A summary of the major changes are listed below. Please review the regulation in its entirety to learn of all changes impacting the administrative enforcement processes.

• Passport Denial – for a noncustodial parent who owes arrearages of $2500.00 or more and the noncustodial parent wants to travel outside of the United States for leisure, employment, business or family emergency, the past due support amount must be paid in full before the passport will be reinstated. Previously, a noncustodial parent could pay an amount to bring the balance under $2500.00 and the passport would be reinstated.

• Notice of Income Withholding (Form CS-164) – the CS-164 will no longer be utilized and will be obsoleted. An Information/Instruction page has been added to the CS-89 and provides detailed information for the employer and the noncustodial parent. The noncustodial parent is only required to receive a copy of the CS-89 if it is the initial (first) withholding.

• FIDM process – the Order to Withhold (Form CS-68) and the Order to Deliver (Form CS-83) have been combined into the Order to Withhold and Deliver (Form CS-68). Within 20 days of receipt of the CS-68 and CS 121, the obligor must pays the total arrearage, requests an administrative hearing to contest the CS-68, or posts a bond that is satisfactory to the cabinet in order to retain the funds in the account with the financial institution. If the obligor does not take one of these actions and a CS-70 is not issued, the asset holder is required to remit the payment to the SDU after 35 working days.

• Lien process – the Intrastate Notice of Lien (Form CS-92) will no longer be utilized and will be obsoleted. The Notice of Lien (Form CS-85) will be used for inter and intrastate liens.

• License and Certificate Denial –the Notice of Intent to Request Denial or Suspension (Form CS-44) is no longer sent by certified mail. The denial or suspension remains in effect until: the obligor makes full payment of the arrearages, arrearage payments are made in accordance with a court order, administrative order or Payment Agreement (CS-78); the obligor complies with the subpoena or warrant relating to paternity of child support proceedings; the obligor provides supporting documentation of extenuating circumstances that is deemed acceptable by the cabinet; or the appeal of the denial or suspension is upheld and the license is reinstated.