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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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