40 KAR 1:080. Child Support "Most
Wanted" Program.
RELATES TO: KRS 15.055
STATUTORY AUTHORITY: KRS 15.055
NECESSITY, FUNCTION, AND CONFORMITY: KRS
15.055 requires the Attorney General to promulgate administrative regulations
pertaining to the maintenance of a most-wanted delinquent child support obligor
list program. This administrative regulation establishes procedures for the
posting and distribution of a poster that includes the names and photos of
delinquent child support obligors whose whereabouts are unknown or if known,
refuse to comply with their child support obligations.
Section 1. Definitions. (1)
"Obligor" means a parent who has an obligation to provide child
support imposed by law or by court order, decree, or judgment.
(2) "Child Support Enforcement
Commission" means the commission established by KRS 15.290 within the
Office of the Attorney General.
(3) "Child support agency"
means the state agency authorized to administer Part D, Title IV of the Social
Security Act.
Section 2. Most-wanted Poster. (1) The
Child Support Enforcement Commission shall establish a program to publish and
display a poster or series of posters displaying child support obligors who are
delinquent in their support.
(2) Each poster shall include photographs
and information about ten (10) delinquent obligors whose whereabouts are
unknown to the child support agency. A toll-free telephone number that may be
called to report information regarding the whereabouts of any of the obligors
shall be displayed on the poster.
(3) The Child Support Enforcement
Commission shall select obligors for inclusion on a poster only if all of
criteria in Section 3 of this administrative regulation apply.
(4) The most-wanted poster shall be
published annually and distributed to all designees of the child support
agency.
Section 3. Criteria. (1) Any parent may
submit the name of a delinquent obligor for inclusion on the most-wanted
poster.
(2) Each delinquent obligor selected for
inclusion on the poster shall meet the following criteria:
(a) An open IV D case with a child
support obligation payable through the child support agency;
(b) The agency has made an unsuccessful
attempt to verify the obligor’s whereabouts within the preceding six (6)
months;
(c) An unpaid support obligation of
$10,000 or more established by court order;
(d) No support payment has been paid in
the preceding six (6) months;
(e) An arrest warrant for the subject
obligor has been issued;
(f) The obligor is not incarcerated;
(g) The obligee has given written
authorization to display the obligor on the poster; and
(h) The obligor is not known to be a
recipient of K-TAP, SSI, and/or food stamps.
Section 4. Delinquent List. (1) The
commission shall publish a list of delinquent obligors on the Internet site maintained
by Office of the Attorney General.
(2) A delinquent listing shall be
published on the Internet site when provided by the child support agency.
(3) The delinquent listing shall include:
(a) Delinquent obligor’s name;
(b) Amount of unpaid obligation; and
(c) County where the obligation is
established.
(4) The names of delinquent obligors
shall be removed from the delinquent listing upon written request from the
child support agency. (27 Ky.R. 2269; Am. 2680; eff. 4-9-2001.)