WHO IS ELIGIBLE TO RECEIVE CHILD SUPPORT SERVICES?
Anyone who has a child support order, or wants to establish one, can apply for child support enforcement services. If paternity has not been established for your child/children, it will be established prior to a child support obligation being established. Custodial or noncustodial parents can apply for support services. Contact the Nelson County Child Support Office for a Non-Public Assistance application. There are no fees for completing the application for services. There is a small fee for the case, ($25.00 per year) that is taken from the child support that is collected annually. Child support services are automatically provided to current and former recipients of K-TAP and medical assistance.
WHAT KIND OF INFORMATION DO I NEED TO ESTABLISH A CHILD SUPPORT ORDER?
It is helpful if you can provide the non-custodial parent’s address, social security number, date of birth, employer, bank account numbers, property holdings and investments. Look for this information in old insurance policies, credit card or other applications, state and federal tax returns, hospital records, police records, birth certificates and social network websites. You may be able to get information from the non-custodial parent’s business associates, friends, or relatives. Also, please provide copies of any existing court orders and records of payments. If you can provide the non-custodial parent’s date of birth, father’s name, and mother’s maiden name, the child support agency may be able to obtain information from the Social Security Administration, the Internal Revenue Service, the Veterans’ Administration, the Department of Defense, the Armed Forces, and/or the Selective Service Administration. If you can provide the non-custodial parent’s social security number and / or date of birth, the child support agency can obtain information from all state and federal files. Be aware, however, that finding a non-custodial parent through these sources make take several months.
WHO DECIDES HOW MUCH CHILD SUPPORT I RECEIVE?
The Kentucky Legislature has established a mathematical formula for setting child support. Parties’ income, medical insurance costs, day care expenses and child support being paid for older children are all factored into the formula to arrive at the amount of support to be paid.
CAN THE AMOUNT BE CHANGED IN THE FUTURE?
If there is a change in circumstances (i.e. change in one or both parties’ income, an older child being emancipated) that results in a change in the amount of child support of at least 15%, then the amount may be changed.
HOW DO I HAVE THE AMOUNT CHANGED?
If your case is handled through this office and you think the amount of child support you receive is incorrect, you may fill out this form and return it to us. We will generate a packet of information that you will need to complete before a motion to modify can be filed. That packet can be mailed or emailed to you (please include your e-mail address when you return this form). If you are a non-custodial parent who thinks you may be eligible for a modification, instructions on how to file a motion and a sample motion can be found here.
Any motion to modify support must be filed with the same court that originally set the support. Only a court order signed by a judge can legally change the amount of child support. If both parties agree, an agreed order can be signed by both sides and the judge. Without an agreement, there must be a hearing in court and the judge decides if the amount should be changed. All motions for modification must be accompanied by the following information:
A. If there was there a divorce? In cases where the support order was from a divorce, the new Family Court Rules of Procedure and Practice require the following information before a motion to modify can be filed:
- A completed child support guidelines worksheet
- Copies of your last three pay stubs (or proof of current income if you are self employed).
WHO CAN REQUEST A REVIEW FOR MODIFICATION OF A SUPPORT ORDER AND HOW IS A REVIEW OF A CHILD SUPPORT OBLIGATION REQUESTED?
In accordance with 45 Code of Federal Regulations (CFR) 303.8(a), Kentucky Revised Statute (KRS) 405.430(6) and 921 Kentucky Administrative Regulation (KAR) 1:400 Section 3, the following individuals or entities may request a review for possible modification:
- -The custodial parent;
- -The noncustodial parent;
- -A nonparental custodian (i.e., grandmother, grandfather, aunt, uncle, etc.);
A foreign reciprocating country or a foreign country with which Kentucky has an arrangement may request a review of their order and the request shall be treated the same as a request by another state in accordance with SSA 454(32)(A) (42 U.S.C. 654(32)(A)). Personal Responsibility Work Opportunity Reconciliation Act (PRWORA) Section 351, SSA 466(a)(10) (42 U.S.C. 666(a)(10)), 45 CFR 303.8(b)(6), and KRS 405.430(6) specify that at least once every three years, child support staff must notify each party subject to a IV-D child support order of the right to request a review of the order and, if appropriate, adjust the order.
THE NONCUSTODIAL PARENT IS NOT PAYING HIS/HER CHILD SUPPORT OBLIGATION, WHAT CAN I DO?
Contact your child support caseworker and request that enforcement action be taken. There are many enforcement remedies that may be used by child support staff to enforce a child support order. Some examples include: court action, income withholding, denial or suspension of a driver’s or professional license, intercept of lottery winnings, intercept of state or federal taxes, and denial of a passport.
WHAT IS THE AGE OF EMANCIPATION IN KENTUCKY?
KRS 405.020(1) provides that… “The father shall be primarily liable for the nurture and education of his children who are under the age of eighteen (18) when the child is a full-time high school student, but not beyond completion of the school year during which the child reaches the age of nineteen (19) years.”
HOW DO I REQUEST THAT MY CHILD SUPPORT CHECK BE DEPOSITED IN MY BANK ACCOUNT?
Call (502) 564-2285, or complete the application for direct deposit.
HOW DO I OBTAIN A COPY OF MY PAYMENT HISTORY?
Log on to your account at https://KentuckyChildSupport.Ky.gov or contact us to request a copy of your payment history. Payment histories can be picked up at the office or mailed.
HOW DO I REQUEST A DEBIT CARD FOR MY PAYMENTS?
Call 1-800-248-1163, option #2.
WHAT IF THE NONCUSTODIAL PARENT LIVES IN ANOTHER STATE?
Even if the noncustodial parent lives in a different state, a child support case can be opened at the local child support office. The local child support office can work with the other state to establish or enforce the support order. The same location resources and services are available in all states. Although interstate cases are more difficult and generally take longer, new federal legislation and more computer links between states are improving interstate processing of child support.
SHE/HE NEVER LETS ME SEE THE KIDS. WHY DO I HAVE TO PAY CHILD SUPPORT?
The legal obligation to pay child support is completely separate from the issue of visitation rights. If you are court ordered to pay child support, you must do so regardless of when or if you see the children. If there is a court order giving you visitation and the custodial parent refuses to let you see the children, your recourse is to file a motion with the court asking that he/she be held in contempt of court.
WHERE TO SEND CHILD SUPPORT PAYMENTS
- Payments can be made online by accessing your account at https://KentuckyChildSupport.KY.gov.
- In the office, in the form of cash, check, money order, credit/debit card.
- By mail: check or money order (no cash) with your name and IVD number and/or social security number as identifying information for correct posting to the following address:
Division of Child Support
P.O. Box 14059
Lexington, KY 40512-4059
HOW TO CALCULATE YOUR CHILD SUPPORT OBLIGATION
To estimate your child support obligation you can use the Kentucky Child Support calculator at our website https://csws.chfs.ky.gov/csws, and select Estimate Support.
I AM AN EMPLOYER. CAN YOU HELP ME UNDERSTAND MY OBLIGATIONS?
Here is a link to the employer’s guide to withholding.
KY New Hire Reporting Center – (800) 817-2262
All public and private employers doing business in Kentucky are required by Federal Law to report each newly hired employee to the Commonwealth of Kentucky. Employers are also required to withhold child support payments from the wages paid to employees with a child support obligation.
Private Wage Withholding Cases (Non-IV-D) – (877) 706-8508
Division of Child Support, NIVD Unit
P.O. Box 24828
Lexington, Kentucky 40524-4828
The NIVD Unit receives information on private wage withholding cases from private attorneys and inputs the necessary information to the Kentucky Child Support System for distribution of child support payments. Private wage withholdings do not involve the Nelson County Attorney Child Support Office.
HOURS OF OPERATION
Monday – Friday
8:30am – 5:00 pm
Child Support Division
Nelson County Attorney’s Office
602 Bloomfield Road
Bardstown KY 40004
Phone: (502) 349-1818
Fax: (502) 348-1852
YOU CAN VIEW/UPDATE YOUR ACCOUNT, CHECK PAYMENTS, MAKE PAYMENTS, AND CONTACT US THROUGH THE INTERACTIVE CHILD SUPPORT WEBSITE AFTER SETTING UP A LOGIN AT: https://KentuckyChildSupport.Ky.gov