40 KAR 1:080. Child Support "Most Wanted" Program


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  •       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.)

Notation

      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.