Even if the non-custodial parent lives outside the state of Kentucky, the law requires cooperation between states. The non-custodial parent is legally required to make regular child support payments, regardless of where they live.
If a non-custodial parent does not pay child support, he or she is subject to enforcement measures in accordance with Federal and Kentucky child support law to collect regular and past-due payments.
The Kentucky Division of Child Support is the state-run child support enforcement office for Kentucky. The Kentucky Department for Community Based Services is required by federal law to provide services through Division of Child Support and is funded by the federal government and the State of Kentucky.
| KENTUCKY DCS CASELOAD STATISTICS1 | |
|---|---|
| Full Time Equiv. Staff | 972 |
| Total Caseload | 315,573 |
1 U.S. Office of Child Support Enforcement, Boxscores for FY 2005
The State of Kentucky does not charge interest on missed payments or retroactive support. However, they do provide for interest on adjudicated arrears at a rate of 12%. But only if reduced to a judgment and ordered.
The statute of limitations for enforcement of child support arrears in Kentucky 15 years after the last child on the order emancipates.
Kentucky law stipulates that paternity must be established before the child is 19 years old.
KRS 405.020(1) provides..."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."
Child support payments are determined by using established child support guidelines for the state of Kentucky. These guidelines provide the percentage of the noncustodial parent's adjusted gross income that should be paid as support based on the number of children eligible.
Child support and visitation rights are separate issues. The court determines both and will usually order the non-custodial parent to pay support and the custodial parent to make the child available for visits.
The custodial parent must obey the court order for visitation, even if the non-custodial parent cannot or will not pay child support. The court can enforce any of its orders against either parent.
It took me 10 years to catch up with my husband to establish a court order for child support. Years had gone by and his debt was in the thousands. I got Human Services involved and they told me that because I was now in a different state I had to close my case and had to open my case there. Weeks after I sent the paperwork to the Child Support Enforcement office, I received a letter saying I needed to attach notarized proof of previous payements made etc, etc, etc. I was tired of going through the process of trying to get child support owed.
After many years of searching through various agencies for my ex-husband, a dear friend told me about the Support Collectors web site. I logged on and requested an application, thinking to myself it won't make a difference. We hadn't found him in 19 years, they won't be able to find him either. To my surprise they did and very quickly. Support Collectors handled everything very professionally and I received my settlement of $60,000 within a few months!
Thank you so much for your help in getting the child support payments my daughter deserves! I only wish I would not have waited so long to contact you for assistance. You succeeded when everyone else had failed.