Domestic Violence Orders and UI Intercept (Jan. 2002)
Question: “On page 4 of the November Policy Q&A, the answer states " If the orders are payable to the Division of Child Support and you do not have a IV-D case, then you will have to establish a non IV-D case in order for the money to go through the Centralized Collection Unit. Non-IV-D cases with payments going through CCU are supposed to have either judicial or administrative income withholding orders. It looks like we have conflicting information on Domestic Violence as there might not be a wage involved. On page 1 of the Nov Q&A, the issue involving UI also seems to be in conflict. We have been told that Non-IV-D cases do not involve IV-D services and a UI intercept certainly involves enforcement action. I think we need the NIVD information to conform to child support policy.
Answer: In regard to the first of your two concerns, which I have bolded in your comments, the question stated: "The domestic violence orders entered in our court require the absent parent to pay his child support to the Division of Child Support. Can these orders be sent as non-IV-D orders?"
The answer is yes because the judge has ordered that support payments be sent to the Division of Child Support (DCS). DCS must comply with what the judge has ordered or be in contempt of court. In order for money to come to DCS and go through the Centralized Collection Unit (CCU), there must be a case on KASES. There are only two choices for having a case on KASES -- either IV-D or non-IV-D. If there is not a IV-D case and the custodial parent does not want IV-D services, then a non-IV-D case must be established so that DCS can comply with the court order.
Yes, Welfare Reform and Kentucky Revised Statute 205.712(4) require that payments for support orders for all private, non-IV-D cases that have a support order initially issued on or after January 1, 1994, have judicially or administratively ordered income withholding. However, if a court order specifies that support payments are to be sent to DCS (and therefore through CCU) and income withholding has not been ordered, then DCS must establish a non-IV-D case in order to comply with the order and not be in contempt of court.
As for Unemployment Insurance (UI) intercept and non-IV-D cases, child support staff would never intercept UI benefits only for a non-IV-D case as this would be taking enforcement action for a non-IV-D case. However, when the noncustodial parent (NCP) has one or more IV-D cases and UI intercept is appropriate, the non-IV-D case is included with the IV-D case or cases because of the federal requirement that support must be allocated among all the noncustodial parent's cases. In other words, the non-IV-D case is "piggybacked" with the IV-D case or cases because all of the NCP's children must receive a share of the support that he/she pays.