Cabinet Becoming Payee Without Referral (Feb. 2002)

Cabinet Becoming Payee Without Referral (Feb. 2002)

Question: “No referral on this case to our office as good cause exists. The Circuit Court in Decree entered 11/7/01 ordered NCP to pay $70 per mo child support. NCP contacted our office via phone and wanted to know if he can pay child support through CFC in that he wants absolutely no contact with CL. Since it is a good cause case, are we permitted to do an order making CFC payee based on 11/7/01 Order for support?”

Answer: You stated that you have not received a referral because good cause exists. However, there is a IV-D case on KASES. The status is OPEN and the IV-D type is AFDC. According to KASES, the good cause indicator is set to "N," but the family violence indicator is "V."

Even though Manual of Procedures (Operations' Manual) Section 12.000, AFDC and MA Only Good Cause, is old, it has guidelines that can be followed.

Subsection 12.040, "Good Cause" Exists - No IV-D Action Required, states, "If it is determined that 'good cause' exists and no IV-D action can be taken, the IV-D case is closed . . . ." Subsection 12.050, "Good Cause" Exists - IV-D Action Required, specifies, "If " good cause" exists but IV-A determines that IV-D action can be completed without harm to the client and/or child(ren), judicial or administrative action is completed in the name of the Cabinet."

Since the noncustodial parent wants to pay through CFC, the best practice would be to discuss with the IV-A office the "good cause" issue to ascertain whether or not the child or custodial parent is in danger of being harmed. If the IV-A office states that action would not endanger the client or child, then yes, complete action to make CFC payee and direct support to the Centralized Collection Unit. CCU's address is Division of Child Support, Post Office Box 14059, Lexington, Kentucky 40512-4509.