Legal Question in Family Law in Kentucky

Withholding Order for Child Support owed to a state -- arbitrary amount
Declared legal father of my daughter in Jan. 1991 and support order was entered in Indiana. I am NCP and reside in Illinois, mother is CP and resides in Kentucky. CP had other children (not mine) for whom she received public assistance in Kentucky in 1998. Have always paid support directly to CP (her request) -- no arrearage on support but the state of Kentucky claims public aid arrearage and has added me to the income tax intercept program. In addition, they have sent income withholding notice to my employer (in Illinois) and did not copy me. I have been told that Kentucky can attach a maximum of 25% of the original support order -- hence my monthly obligation is listed as $86.13, which makes sense based on a $159 biweekly order. The $86.13 is also clearly indicated as a line item for past-due support with arrearage 12 weeks. However, the income withholding notice calls for an even $300.00 per month to be withheld. Is it legal for an enforcement caseworker to simply plug in an arbitrary amount ($300) when the line item on the form clearly indicates a monthly obligation of far less? What recourse do I have? Additionally, my SSN is not on file with Kentucky's Child Support hotline, so I have no way of tracking the arrearage.

Asked on 4/18/08, 11:31 pm

John Steele Steele Law Firm

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Re: Withholding Order for Child Support owed to a state -- arbitrary amount

You will need to speak with a KY attorney.

Answered on 4/20/08, 9:54 am

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