The collection of child support is neither a constitutional nor a statutory duty of the county attorney. Byron Hobgood, however, has agreed to undertake the considerable responsibility of assisting custodial parents receive the payments that they rightfully deserve. The County Attorney’s office is currently under contract with the Commonwealth of Kentucky. Goals and responsibilities of the Child Support Division:
- Establish Paternity
- Establish child/medical support orders
- Modify child/medical support orders
- Enforce current child/spousal/medical support
- Collect current child/spousal support
- Enforce payment of past-due support
Our office has a limited scope on pursuing medical orders (only when someone is receiving a medical card or if there is a judgment for a specific amount).
FREQUENTLY ASKED QUESTIONS
Who decides how much child support I receive?
The Kentucky Legislature has established a mathematical formula for setting support. Both 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 can be changed.
How do I have the amount changed?
A motion to modify support must be filed with the same court that set the support originally. Only a court order signed by the 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.
When does child support stop?
The obligation to pay child support stops in most cases when the child becomes emancipated. This occurs in most cases when the child turns 18 or graduated from high school, whichever occurs later.
If I have more than one child and the oldest becomes emancipated, does the amount of child support automatically go down?
No. The parent paying the support must file a motion with the court to have the amount of support reduced.
The parent who is supposed to be paying child support isn't paying. What can I do?
The child support office in the county where the support was first ordered can help you enforce the order against the parent who is not paying. Several options are available including holding the paying parent in contempt of court and bringing criminal charges. Information you have about the paying parent’s address and place of employment can be very helpful.
Why does it take so long to get results when I need something done on my case?
The Hopkins County Child Support Office has over 5,000 active cases. It can take two or three weeks to get an appointment to meet with an attorney when you want some court action on your case. Also, the courts can only handle so many cases a month. We have over 200 court hearings per month on child support matters in Hopkins County.
She/he never lets me see the kids, so 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 do I send my payment?
Be sure to include your name and social security number. Mail your payment to: Division of Child Support P.O. Box 14059 Lexington, Kentucky 40512-4059 (800) 443-1576
CHILD SUPPORT GLOSSARY OF TERMS
A man who has acknowledged or recognized the paternity of a child by completing, with the child’s mother, a voluntary acknowledgment of paternity.
A man who has been found, by entry of a legal judgment, to be the father of a child born out of wedlock.
The process whereby a noncustodial parent’s or obligor’s objections to an administrative action taken by the Division of Child Support Enforcement (DCSE) are heard by an impartial hearing officer upon a timely request. A custodial parent may request an administrative hearing if he or she disagrees with the result of a modification review.
A written statement made under oath before a notary public testifying that the information being provided is true and correct.
Age of Majority
Refers to a child who has attained “legal age” or “adulthood.” In Kentucky, the age of majority is 18 or age 19 for an unmarried child who is a full-time high school student, but not beyond the completion of the school year during which the child reaches the age of 19 years. The age of majority is generally the age at which support payments are terminated unless the child is still in high school or is disabled.
A judgment reached by agreement of the parties involved.
Alleged Father (interchangeable with 'Putative Father')
The man named as the possible biological father of a child born out of wedlock.
A person who has requested IV-D services, either from an area child support office or from a contracting official.
The total unpaid support obligation owed by a noncustodial parent or obligor.
The amount of arrears that are not specified in a court or administrative order, but which accrue due to nonpayment of support. Accrued arrearages are fully enforceable and automatically become a judgment on the date that the unpaid support is due.
The amount of arrears reduced to a judgment or specified in a court or administrative order.
Any unpaid child support owed to a custodial parent which he or she assigns as a condition for receiving public assistance services. In addition, an assigned arrearage is an arrearage that accrues during the time K-TAP is or was received.
Support owed to a custodial parent which has accrued after IV-D services are stopped.
The grant or money payment made to a needy family by either the K-TAP or FC program.
Burden of Proof
The necessity for a person to confirm or prove a fact in dispute on an issue raised between the parties.
Cabinet for Families and Children (CFC)
The state agency responsible for providing services to Kentuckians in need.
Caretaker Other Than Parent
This term refers to an individual who is the custodian of the children) but who is not the biological mother or father of the child(ren).
The money paid by a person specifically to provide for the needs of a minor child.
Child Support Action
A judicial and/or an administrative action taken under Kentucky law to establish an amount of money to be paid by a noncustodial parent or obligor to provide for the needs of a minor child.
Child Support Guideline
Sets forth a recommendation for the physical support of children based on a determination of income available to both parents.
A case in which there is little or no potential for successfully completing action now or in the future.
An agreement between a legally competent man and a legally competent woman to contract a marriage. The term refers to a marriage which occurs without a religious or a civil ceremony. The man and woman must have lived together and indicated to the community that they were husband and wife.