Child Support Enforcement in Kentucky

If you have a child support order in Kentucky but are having trouble collecting the payments, you should know that help is available from the state and the courts. And if you're a parent who owes back support, you should be aware of the consequences. Read on for details.

Income Withholding for Child Support

Under Kentucky law, all child support orders must include an order for income withholding (also called a wage assignment), unless there's a good reason otherwise. That way, the support payments will automatically be taken out of the paychecks of the parent who owes support, and the money will be forwarded to the receiving parent. (Ky. Rev. Stat. § 403.215 (2024).)

One reason not to require income withholding is when the paying parent is self-employed. But there could be other exceptions, as long as the judge considers them to be valid.

Getting Help From Kentucky's Child Support Enforcement Agency

As in all U.S. states, the Kentucky Child Support Enforcement (KCSE) agency helps parents collect child support. Unless you're receiving public assistance, you'll need to start by applying for services on the KSCE Interactive website. Provide as much information as you can about the other parent, including a current and former address, phone, and employer. The agency can try to locate missing parents, identify employers, and track down other information—but that investigation can take more time.

Once you have a case with KCSE, the agency can take a variety of steps to enforce child support (more on that below). KCSE also acts as a clearinghouse for payments. Parents who aren't paying support through income withholding can make payments through the agency's site. KCSE will then track the payments and release the money to the receiving parent through a debit card or direct deposit.

What Can Happen to Parents Who Don't Pay Child Support?

KCSE has several ways to collect and enforce child support. Depending on how much a parent owes in overdue support (known as "arrearages"), these enforcement tools include:

• getting an income withholding order, if there isn't already one
• having the overdue support taken out of unemployment or workers' compensation benefits
• intercepting income tax refunds, lottery winnings, or certain other government payments
• seizing money from the delinquent parent's bank or other financial accounts
• filing liens on the delinquent parent's property (such as a house), so it can't be sold or transferred until the debt is paid
• having the delinquent parent's car "booted" until the arrearages are paid
• suspending, revoking, or denying various state-issued licenses, such as a driver's license, professional or occupational license or certification, or concealed-carry license
• suspending, revoking, or denying a passport, and
• publishing the delinquent parent's name in a newspaper, along with the amount of past-due child support.

If none of these methods work, the agency may start contempt or criminal proceedings in court (more on that below).

(921 Ky. Admin. Regs. § 1:410 (2024)

Contempt of Court for Failing to Pay Child Support

Parents who don't pay court-ordered child support can be found in contempt of court for willfully disobeying the order, unless they have a good reason—such as not having the ability to pay. (Ky. Rev. Stat. § 403.240 (2024).)

If KCSE doesn't start the contempt action, the parent who's owed support may do so by filing a motion for an order to show cause. There will be a hearing, and the delinquent parent will have a chance to try to convince a judge that there was a good reason they couldn't pay the support.

If a parent is held in contempt, the judge may order the parent to pay the arrearages at risk of further sanctions. If that doesn't work, the parent may have to pay fines or even go to jail until the overdue support is paid.

Criminal Charges for Failure to Pay Child Support

In serious cases when deadbeat parents simply refuse to pay child support despite all of the other enforcement efforts, KCSE may file criminal charges.

Under Kentucky law, it's a misdemeanor for parents to "persistently" fail to pay child support that they could reasonably provide. The crime becomes a felony for "fragrant nonsupport" if:

• the parent owes at least $2,500 in back support or hasn't paid for at least six months, or
• as a result of the lack of support, the child is receiving public assistance or is otherwise in "destitute circumstances."

Refusing to pay child support is also a federal crime if the delinquent parent:

• lives in a different state than the child or has traveled to another state to avoid paying support, and
• hasn't paid child support in more than a year or owes at least $5,000 in arrearages.

(Ky. Rev. Stat. § 530.050; 18 U.S.C. § 228 (2024).)

When Do You Need a Lawyer's Help With Overdue Child Support?

Most parents who are having trouble collecting child support can get the help they need from KCSE. But if it's taking the agency too long to get you the money you're owed, you could go directly to court to try to enforce your order. If you take this route, however, you should speak with a lawyer. Contempt proceedings can be difficult for lay people to navigate on their own. A local, experienced family law attorney can advise you on the best way forward to collect the money you and your children need.

If you're the one who owes back child support, contact your local KCSE office or a lawyer for advice on how to reduce your payments and come up with a payment plan for the arrearages. The worst thing you can do is bury your head in the sand. Once KCSE begins enforcement measures against you, it's much harder to fix the damage to your finances and your reputation.