Collection of Arrears by Emancipated Child (Sept. 2004)
Question: “Kentucky Child Support Handbook section 14.040 (Non-KTAP) states for the collection of arrears only 'the person acting on the payee’s behalf may be the child who is now emancipated as long as the payee has authorized the emancipated child to act on his or her behalf.' ...If there was more than one child listed in the court order for support, do all children named in the order have to 'act on behalf of the payee named in the court order' or can only just one child be the representative? For example, there are three children in the order but only one of the children is interested in collecting arrears on what his due him/ her. Does that one child have the right to act on the behalf of the payee (given payee's authorization) to collect what is due that particular child?”
Answer: Yes, according to the Office of the General Counsel, one child can pursue the arrearages and the court can make the final decision. If there is a conflict between the children regarding division of the arrearages, it will be up to them to resolve.