Kentucky Statutes 405.490 – Answer to order to withhold — Procedure for obligor to contest amount of delinquent support withheld. (Effective until July 1, 2025)
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(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 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 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 property or bond, pending determination of the obligor’s liability by a hearing 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 with interest at the legal rate for judgments.
Effective: June 20, 2005
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 ch. 418, sec. 8, effective July 13, 1990. — Amended 1988 Ky. Acts ch. 411, sec. 26, effective July 15, 1988. — Amended 1986 Ky. Acts ch. 487, sec. 15, effective July 15, 1986. — Created 1984 Ky. Acts ch. 144, sec. 12, effective July 13,
1984.
(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 bond which is satisfactory to the cabinet.
Terms Used In Kentucky Statutes 405.490
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(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 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 property or bond, pending determination of the obligor’s liability by a hearing 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 with interest at the legal rate for judgments.
Effective: June 20, 2005
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 ch. 418, sec. 8, effective July 13, 1990. — Amended 1988 Ky. Acts ch. 411, sec. 26, effective July 15, 1988. — Amended 1986 Ky. Acts ch. 487, sec. 15, effective July 15, 1986. — Created 1984 Ky. Acts ch. 144, sec. 12, effective July 13,
1984.