Kentucky Statutes 407.5307 – Duties of support enforcement agency
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(1) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this chapter.
(2) A support enforcement agency of this state that is providing services to the petitioner shall:
(a) Take all steps necessary to enable an appropriate tribunal of this state, another state, or a foreign country to obtain jurisdiction over the respondent;
(b) Request an appropriate tribunal to set a date, time, and place for a hearing;
(c) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;
(d) Within two (2) days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;
(e) Within two (2) days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a communication in a record from the respondent or the respondent’s attorney, send a copy of the communication to the petitioner; and
(f) Notify the petitioner if jurisdiction over the respondent cannot be obtained.
(3) A support enforcement agency of this state that requests registration of a child support order in this state for enforcement or for modification shall make reasonable efforts:
(a) To ensure that the order to be registered is the controlling order; or
(b) If two (2) or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.
(4) A support enforcement agency of this state that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.
(5) A support enforcement agency of this state shall issue or request a tribunal of this state to issue a child support order and an income-withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to KRS § 407.5319.
(6) KRS § 407.5101 to KRS § 407.5902 does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 77, sec. 9, effective July 15, 2016. — Amended
2015 Ky. Acts ch. 18, sec. 20, effective June 24, 2015. — Amended 1998 Ky. Acts ch. 101, sec. 7, effective March 23, 1998.– Contingent effective date repealed 1998
Ky. Acts ch. 101, sec. 20, effective March 23, 1998. — Created 1996 Ky. Acts ch.
365, sec. 31, effective upon contingency.
(2) A support enforcement agency of this state that is providing services to the petitioner shall:
Terms Used In Kentucky Statutes 407.5307
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Fiduciary: A trustee, executor, or administrator.
- Foreign: when applied to a corporation, partnership, limited partnership, business trust, statutory trust, or limited liability company, includes all those incorporated or formed by authority of any other state. See Kentucky Statutes 446.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(a) Take all steps necessary to enable an appropriate tribunal of this state, another state, or a foreign country to obtain jurisdiction over the respondent;
(b) Request an appropriate tribunal to set a date, time, and place for a hearing;
(c) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;
(d) Within two (2) days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from initiating, responding, or registering tribunal, send a copy of the notice to the petitioner;
(e) Within two (2) days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a communication in a record from the respondent or the respondent’s attorney, send a copy of the communication to the petitioner; and
(f) Notify the petitioner if jurisdiction over the respondent cannot be obtained.
(3) A support enforcement agency of this state that requests registration of a child support order in this state for enforcement or for modification shall make reasonable efforts:
(a) To ensure that the order to be registered is the controlling order; or
(b) If two (2) or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.
(4) A support enforcement agency of this state that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.
(5) A support enforcement agency of this state shall issue or request a tribunal of this state to issue a child support order and an income-withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to KRS § 407.5319.
(6) KRS § 407.5101 to KRS § 407.5902 does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 77, sec. 9, effective July 15, 2016. — Amended
2015 Ky. Acts ch. 18, sec. 20, effective June 24, 2015. — Amended 1998 Ky. Acts ch. 101, sec. 7, effective March 23, 1998.– Contingent effective date repealed 1998
Ky. Acts ch. 101, sec. 20, effective March 23, 1998. — Created 1996 Ky. Acts ch.
365, sec. 31, effective upon contingency.