2009 Kentucky Revised Statutes CHAPTER 405 PARENT AND CHILD 405.490 Answer to order to withhold -- Procedure for obligor to contest amount of delinquent support withheld.
405.490 Answer to order to withhold -- Procedure for obligor to contest amount of
delinquent support withheld.
(1) Any person, including the obligor, who has been served with an order to withhold
and deliver the obligor's property shall answer the order within twenty (20) days.
(2) The person in possession of any obligor's property shall withhold it and deliver it to
the cabinet in accordance with the secretary's directions; or the obligor may offer a <br>bond which is satisfactory to the cabinet.
(3) The person in possession of obligor's property shall have no liability or further
responsibility after fulfilling the duties under this section.
(4) The obligor may dispute the amount of delinquent support by requesting a dispute
hearing with twenty (20) days.
(5) If the obligor does not request a hearing, acknowledgment of the obligation is
presumed and the secretary may apply the withheld property to the delinquent child <br>support obligation.
(6) If a hearing is requested, when property or a bond is released to the secretary
pursuant to an order to withhold and deliver property, the secretary shall hold the <br>property or bond, pending determination of the obligor's liability by a hearing <br>officer, pursuant to KRS 405.450.
(7) Upon a decision adverse to the Cabinet for Health and Family Services by a hearing
officer, of the Circuit Court on appeal, the cabinet shall return the property together <br>with interest at the legal rate for judgments.
Effective: June 20, 2005 <br>History: Amended 2005 Ky. Acts ch. 99, sec. 635, effective June 20, 2005. -- Amended
1998 Ky. Acts ch. 426, sec. 586, effective July 15, 1998. -- Amended 1990 Ky. Acts <br>ch. 418, sec. 8, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 411, sec. 26, <br>effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 487, sec. 15, effective July <br>15, 1986. -- Created 1984 Ky. Acts ch. 144, sec. 12, effective July 13, 1984.
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