Section 405.490 - [Effective Until 7/1/2025] Answer to order to withhold - Procedure for obligor to contest amount of delinquent support withheld(1) Any person, including the obligor, who has been served with an order to withhold and deliver the obligor's property shall answer the order within twenty (20) days.(2) The person in possession of any obligor's property shall withhold it and deliver it to the cabinet in accordance with the secretary's directions; or the obligor may offer a bond which is satisfactory to the cabinet.(3) The person in possession of obligor's property shall have no liability or further responsibility after fulfilling the duties under this section.(4) The obligor may dispute the amount of delinquent support by requesting a dispute hearing with twenty (20) days.(5) If the obligor does not request a hearing, acknowledgment of the obligation is presumed and the secretary may apply the withheld property to the delinquent child support obligation.(6) If a hearing is requested, when property or a bond is released to the secretary pursuant to an order to withhold and deliver property, the secretary shall hold the property or bond, pending determination of the obligor's liability by a hearing officer, pursuant to KRS 405.450.(7) Upon a decision adverse to the Cabinet for Health and Family Services by a hearing officer, of the Circuit Court on appeal, the cabinet shall return the property together with interest at the legal rate for judgments.Effective:6/20/2005
Amended 2005, Ky. Acts ch. 99, sec. 635, effective6/20/2005. -- Amended 1998, Ky. Acts ch. 426, sec. 586, effective 7/15/1998. -- Amended 1990 Ky. Acts ch. 418, sec. 8, effective 7/13/1990. -- Amended 1988 Ky. Acts ch. 411, sec. 26, effective 7/15/1988. -- Amended 1986 Ky. Acts ch. 487, sec. 15, effective 7/15/1986. -- Created 1984 Ky. Acts ch. 144, sec. 12, effective 7/13/1984.This section is set out more than once due to postponed, multiple, or conflicting amendments.