98RS HB159


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HB 159/FN (BR 525) - T. Burch, M. Bowling, E. Jordan, M. Marzian, S. Nunn, R. Palumbo, K. Stein

     AN ACT relating to child support and declaring an emergency.
     Amend KRS 407.5101 to redefine the term "initiating state," "responding state," and "state" for purposes of uniform reciprocal enforcement of support; amend KRS 407.5205 to give a tribunal of this state issuing a support order exclusive jurisdiction over a child support order until all of the parties who are individuals have filed written consents with the tribunal of this state for a tribunal of another state to modify the order and assume continuing, exclusive jurisdiction; amend KRS 407.5207 to set forth rules for recognition of the order and control of proceedings involving two or more child support orders involving the same obligor and child when issued by tribunals of this state or another state; amend KRS 407.5304 to provide for the issuance of a certificate and making of findings required by law regarding the amount of support sought if a responding state has not enacted the Uniform Interstate Family Support Act or a similar law or procedure; amend various sections of KRS Chapter 407 to delete certain requirements that responding tribunals of this state receiving a petition from another state notify the petitioner by certified mail, return receipt requested; amend KRS 407.5501 to require an obligor's employer, upon receipt of an income withholding order, to withhold and distribute funds directed in the withholding order by complying with specified terms of the order; require an obligor to give notice of contest of validity or enforcement of an income-withholding order to each employer that has directly received an income withholding order instead of just to the support enforcement agency providing services to the obligee and to the person or agency designated to receive payments in the order; create new sections of KRS Chapter 407 to specify that, when an obligor's employer receives multiple income withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of multiple orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for multiple child support orders; provide that an employer complying with an income withholding order issued in another state not be subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income; subject an employer willfully failing to comply with an income withholding order issued by another state and received for enforcement to the same penalties as may be imposed for noncompliance with an order issued by a tribunal of this state; amend KRS 407.5605 to delete the requirement that notice to another party of another state's support order be given by certified or registered mail; modify the timetable for notice to a registering party of a hearing to contest the validity of enforcement of the registered order; amend KRS 407.5611 to provide that a responding tribunal of this state may modify an order in another state which has been registered in this state only if Section 14 of the Act does not apply; repeal Section 65 of the 1996 Kentucky Acts Chapter 365 to remove contingency; EMERGENCY.


     HCS - Make technical corrections; amend KRS 407.5306 to conform; amend KRS 407.5501 to delete provisions regarding directives to employer withholds of income for child support payments; create a new section of KRS 407.5101 to 407.5902 to set forth duties for obligator's employer upon receipt of an income-withholding order; repeal, reenact and renumber KRS 407.5502 as KRS 407.5507; create a new section of KRS 407.5101 to 407.5902 and number it as KRS 407.5614 to require parties obtaining a modified child support order to file a certified copy with the issuing tribunal in which the party knows that the earlier order has been registered.
     HCA (1, T. Burch) - Delete requirement that when a tribunal of the state sends a copy of a child support order issued under KRS 407.5101 to 407.5902, that it be by certified mail, return receipt requested.
     SFA (1, D. Seum) - Amend to delete fine for persons or corporations violating provisions of KRS 405.465 or 405.567.
     SFA (2, D. Seum) - Amend to create an education and training program for the Fathers Supporting Children Assistance Program and require the cabinet to use moneys from the budget of the Division of Child Support Enforcement.

     (Prefiled by the sponsor(s).)

     Jan 6-introduced in House
     Jan 7-to Health and Welfare (H)
     Jan 21-posted in committee
     Jan 27-reported favorably, 1st reading, to Calendar with Committee Substitute and Committee Amendment (1)
     Jan 28-2nd reading, to Rules
     Feb 4-posted for passage in the Regular Orders of the Day for February 5, 1998
     Feb 11-3rd reading, passed 93-0 with Committee Substitute and Committee Amendment (1)
     Feb 12-received in Senate
     Feb 17-to Health and Welfare (S)
     Mar 4-reported favorably, 1st reading, to Calendar
     Mar 5-2nd reading, to Rules
     Mar 6-posted for passage in the Regular Orders of the Day for March 10, 1998
     Mar 10-floor amendments (1) and (2) filed; 3rd reading, floor amendments (1) and (2) withdrawn; passed 35-2
     Mar 11-received in House; enrolled, signed by each presiding officer, delivered to Governor
     Mar 23-signed by Governor

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