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205.778 Lien against account of noncustodial parent owing child support -- Notice -- Account activity fees -- Priority of lien.

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205.778 Lien against account of noncustodial parent owing child support -- Notice -- Account activity fees -- Priority of lien. (1) When the cabinet determines that the name, record address, and either Social Security number or taxpayer identification number of an account with a financial institution matches <br>the name, record address, and either the Social Security number or taxpayer identification <br>number of a noncustodial parent who owes past-due support, a lien or levy shall, subject to <br>the provision of subsection (3) of this section, arise against the assets in the account at the <br>time of receipt of the notice by the financial institution at which the account is maintained. <br>The cabinet shall provide a notice of the match, the lien or levy arising therefrom, and the <br>action to be taken to block or encumber the account with the lien or levy for child support <br>payment to the individual identified and the financial institution holding the account. The <br>financial institution shall have no obligation to hold, encumber, or surrender assets in any <br>account based on a match until it is served with a notice of lien or order to withhold and <br>deliver. (2) The cabinet shall provide notice to the individual subject to a child support lien or levy on assets in an account held by a financial institution by sending them a notice of the lien or <br>levy to withhold and deliver within two (2) business days of the date that notice is sent to <br>the financial institution. (3) A financial institution ordered to block or encumber an account shall be entitled to collect its normally scheduled account activity fees to maintain the account during the period of <br>time the account is blocked or encumbered. (4) Any levy issued on an identified account by the Cabinet for Health and Family Services for past-due child support shall have first priority over any other lien or levy issued by the <br>Department of Revenue or any other agency, corporation, or association. Effective: June 20, 2005 <br>History: Amended 2005 Ky. Acts ch. 85, sec. 623, effective June 20, 2005; and ch. 99, sec. 271, effective June 20, 2005. -- Created 1998 Ky. Acts ch. 255, sec. 48, effective July 15, 1998. Legislative Research Commission Note (6/20/2005). This section was amended by 2005 Ky. Acts chs. 85 and 99, which do not appear to be in conflict and have been codified together.