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341.392 Deduction and withholding of child support obligations from benefits.
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A worker filing a new claim for unemployment benefits shall, at the time of filing
such claim, disclose whether or not he owes child support obligations as defined
under this section. If any such worker discloses that he owes child support
obligations, and is determined to be eligible for unemployment benefits, the
secretary shall notify the state or local child support enforcement agency enforcing
such obligation that the worker has been determined to be eligible for
unemployment benefits.
The secretary shall deduct and withhold from any unemployment benefits payable
to a worker that owes child support obligations:
(a) The amount specified by the worker to the secretary to be deducted and
withheld under this subsection, if neither (b) nor (c) applies;
(b) The amount, if any, determined pursuant to an agreement submitted to the
secretary under 42 U.S.C. sec. 654 (Section 454(20)(b)(i) of the Social
Security Act) by the state or local child support enforcement agency if (c) is
not applicable; or
(c) Any amount required to be so deducted and withheld from such
unemployment benefits pursuant to legal process as that term is defined in the
Social Security Act properly served upon the secretary.
(a) Any amount deducted and withheld under this section shall be paid by the
secretary to the appropriate state or local child support enforcement agency.
(b) Any amount deducted and withheld under this section shall for all purposes be
treated as if it were paid to the worker as unemployment benefits and paid by
such worker to the state or local child support enforcement agency in
satisfaction of the worker's child support obligations.
For purposes of this section, the term "unemployment benefits" shall mean any
compensation payable under this chapter (including amounts payable by the
secretary pursuant to an agreement under any federal law providing compensation,
assistance, or allowances with respect to unemployment).
The provisions set forth in this section apply only if appropriate arrangements have
been made for reimbursement by the state or local child support enforcement
agency for the administrative costs incurred by the secretary under this section
which are attributable to child support obligations being enforced by the state or
local child support enforcement agency.
The term "child support obligations" is defined for purposes of these provisions as
including only obligations which are being enforced pursuant to a plan prescribed in
42 U.S.C. sec. 654 (Section 454 of the Social Security Act) which has been
approved by the Secretary of Health and Human Services under 42 U.S.C. secs.
651-662 (Part D of Title IV of the Social Security Act).
The term "state or local child support enforcement agency" as used in these
provisions means any agency of a state or a political subdivision thereof operating
pursuant to a plan described in this section.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 167, sec. 5, effective July 15, 1998. -- Created
1982 Ky. Acts ch. 67, sec. 1, effective July 15, 1982.
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