2014 Kentucky Revised Statutes CHAPTER 205 - PUBLIC ASSISTANCE AND MEDICAL ASSISTANCE 205.7785 Interstate lien to enforce Kentucky child support obligation -- Lien to enforce obligation credited in another state -- Priority of out-of-state lien -- Certification of authority.
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205.7785 Interstate lien to enforce Kentucky child support obligation -- Lien
to enforce obligation credited in another state -- Priority of out-of-state
lien -- Certification of authority.
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An interstate lien may be created and a notice of interstate lien may be filed on
all of an obligor's real and personal property that is located in another state to
enforce a child support obligation which has been judicially or administratively
established in the Commonwealth. The lien shall be filed in the appropriate
offices of the state or county where the property of the obligor is located. All
aspects of the lien, including its priority and enforcement, are governed by the
law of the state where the property is located and shall remain until released by
the authorized agent of the party which filed the lien, or in accordance with the
laws of the state of filing.
A lien to enforce a child support obligation which is created in another state
shall be enforceable against all real and personal property of the obligor
located in this state upon the filing of a notice of interstate lien with the county
clerk of any county or counties in which the obligor has interest in property, and
the notice shall be recorded in the same manner as notices of lis pendens. The
recordation shall constitute notice of both the original amount of child support
due and all subsequent amounts due by the same obligor. Upon request, an
authorized agent of the party which filed the notice of interstate lien shall
disclose the specific amount of liability to any interested party legally entitled to
that information. The notice, when so filed, shall be conclusive notice to all
persons of the lien on the property having legal situs in that county. The lien
shall commence as to property of the obligor located in the Commonwealth at
the time the notice is filed and shall continue until the original amount of child
support due and any subsequent amounts, including interest, penalties, or
fees, are fully paid. The lien shall attach to all interest in the real and personal
property in the Commonwealth, then owned or subsequently acquired by the
obligor. The clerk shall be entitled to a fee pursuant to KRS 64.012 for filing the
lien and the same fee for releasing the lien.
A child support lien created in another state shall be on a parity with state,
county, and municipal ad valorem tax liens, and superior to the lien of any
mortgage or other encumbrance created after the notice of interstate lien is
recorded; however, it shall be subordinate to any child support lien which has
been filed by the cabinet as to the same obligor and property.
The authority by which the child support lien is created in another state and
filed in this state shall be certified on the notice of interstate lien by a person
who is authorized to certify on behalf of the party that is filing the notice of
interstate lien.
The secretary of the cabinet may promulgate administrative regulations under
the provisions of KRS Chapter 13A to implement this section.
Effective:January 1, 2007
History: Amended 2006 Ky. Acts ch. 255, sec. 19, effective January 1, 2007. -Created 1998 Ky. Acts ch. 255, sec. 49, effective July 15, 1998.
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