History:L. 1951, ch. 352, §§ 1 to 18; Repealed, L. 1953, ch. 187, § 29; July 1.
History: L. 1953, ch. 187, § 1; Repealed, L. 1970, ch. 132, § 42; July 1.
History: L. 1953, ch. 187, §§ 2, 3; Repealed, L. 1970, ch. 132, § 42; July 1.
History: L. 1953, ch. 187, § 4; Repealed, L. 1970, ch. 132, § 42; July 1.
History: L. 1953, ch. 187, §§ 5 to 10; Repealed, L. 1970, ch. 132, § 42; July 1.
History: L. 1953, ch. 187, §§ 11, 12; Repealed, L. 1970, ch. 132, § 42; July 1.
History: L. 1953, ch. 187, § 13; Repealed, L. 1970, ch. 132, § 42; July 1.
History: L. 1953, ch. 187, §§ 14 to 16; Repealed, L. 1970, ch. 132, § 42; July 1.
History: L. 1953, ch. 187, § 17; Repealed, L. 1970, ch. 132, § 42; July 1.
History: L. 1953, ch. 187, §§ 18, 19; Repealed, L. 1970, ch. 132, § 42; July 1.
History: L. 1953, ch. 187, §§ 20 to 25; Repealed, L. 1970, ch. 132, § 42; July 1.
History: L. 1953, ch. 187, §§ 26 to 28; Repealed, L. 1970, ch. 132, § 42; July 1.
History: L. 1970, ch. 132, § 1; Repealed, L. 1994, ch. 301, § 86; July 1, 1995.
History: L. 1970, ch. 132, § 2; L. 1985, ch. 115, § 31; L. 1987, ch. 121, § 1; Repealed, L. 1994, ch. 301, § 86; July 1, 1995.
History: L. 1970, ch. 132, § 3; Repealed, L. 1994, ch. 301, § 86; July 1, 1995.
History: L. 1970, ch. 132, § 4; Repealed, L. 1994, ch. 301, § 86; July 1, 1995.
History: L. 1970, ch. 132, §§ 5 to 9; Repealed, L. 1994, ch. 301, § 86; July 1, 1995.
History: L. 1970, ch. 132, § 10; L. 1993, ch. 134, § 1; Repealed, L. 1994 ch. 301, § 86; July 1, 1995.
History: L. 1970, ch. 132, § 11; Repealed, L. 1994 ch. 301, § 86; July 1, 1995.
History: L. 1970, ch. 132, § 12; L. 1986, ch. 137, § 3; L. 1987, ch. 121, § 2; L. 1993, ch. 134, § 2; Repealed, L. 1994, ch. 301, § 86; July 1, 1995.
History: L. 1970, ch. 132, § 13; L. 1987, ch. 121, § 3; Repealed, L. 1994, ch. 301, § 86; July 1, 1995.
History: L. 1970, ch. 132, § 14; L. 1986, ch. 137, § 4; Repealed, L. 1994, ch. 301, § 86; July 1, 1995.
History: L. 1970, ch. 132, §§ 15 to 17; Repealed, L. 1994, ch. 301, § 86; July 1, 1995.
History: L. 1970, ch. 132, § 18; L. 1993, ch. 134, § 3; Repealed, L. 1994, ch. 301, § 86; July 1, 1995.
History: L. 1970, ch. 132, § 19; L. 1986, ch. 137, § 5; Repealed, L. 1994, ch. 301, § 86; July 1, 1995.
History: L. 1970, ch. 132, § 20; Repealed, L. 1994, ch. 301, § 86; July 1, 1995.
History: L. 1970, ch. 132, § 21; Repealed, L. 1994, ch. 301, § 86; July 1, 1995.
History: L. 1970, ch. 132, § 22; L. 1987, ch. 121, § 4; Repealed, L. 1994, ch. 301, § 86; July 1, 1995.
History: L. 1970, ch. 132, § 23; L. 1985, ch. 115, § 32; L. 1986, ch. 137, § 6; L. 1987, ch. 121, § 5; Repealed, L. 1994, ch. 301, § 86; July 1, 1995.
History: L. 1970, ch. 132, § 24; L. 1986, ch. 137, § 7; Repealed, L. 1994, ch. 301, § 86; July 1, 1995.
History: L. 1970, ch. 132, § 25; L. 1985, ch. 115, § 33; Repealed, L. 1994, ch. 301, § 86; July 1, 1995.
History: L. 1970, ch. 132, § 26; Repealed, L. 1994, ch. 301, § 86; July 1, 1995.
History: L. 1970, ch. 132, §§ 27, 28; Repealed, L. 1994, ch. 301, § 86; July 1, 1995.
History: L. 1970, ch. 132, § 29; Repealed, L. 1994, ch. 301, § 86; July 1, 1995.
History: L. 1970, ch. 132, § 30; Repealed, L. 1994, ch. 301, § 86; July 1, 1995.
History: L. 1970, ch. 132, § 31; Repealed, L. 1994, ch. 301, § 86; July 1, 1995.
History: L. 1970, ch. 132, § 32; L. 1986, ch. 137, § 8; Repealed, L. 1994, ch. 301, § 86; July 1, 1995.
History: L. 1970, ch. 132, § 33; L. 1987, ch. 121, § 6; Repealed, L. 1994, ch. 301, § 86; July 1, 1995.
History: L. 1970, ch. 132, § 34; Repealed, L. 1994, ch. 301, § 86; July 1, 1995.
History: L. 1970, ch. 132, § 35; Repealed, L. 1994, ch. 301, § 86; July 1, 1995.
History: L. 1970, ch. 132, § 36; L. 1987, ch. 121, § 7; L. 1993, ch. 134, § 4; Repealed, L. 1994, ch. 301, § 86; July 1, 1995.
History: L. 1970, ch. 132, § 37; L. 1986, ch. 137, § 9; L. 1987, ch. 121, § 8; Repealed, L. 1994, ch. 301, § 86; July 1, 1995.
History: L. 1970, ch. 132, § 38; L. 1987, ch. 121, § 9; Repealed, L. 1994, ch. 301, § 86; July 1, 1995.
History: L. 1970, ch. 132, §§ 39 to 41; Repealed, L. 1994, ch. 301, § 86; July 1, 1995.
History: L. 1972, ch. 123, § 1; L. 1997, ch. 182, § 96; July 3.
(2) "Duty of support" includes any duty of support imposed by any court order, decree or judgment, whether interlocutory or final, whether incidental to a proceeding for divorce, separate maintenance or otherwise.
(3) "Support" as used in this section and K.S.A. 23-495 and 23-496, and amendments thereto, means child support, whether interlocutory or final, and maintenance.
(4) "Obligor" means any person owing a duty of support or restitution.
(5) "Obligee" means any person or entity to whom a duty of support or restitution is owed.
(6) "Duty of restitution" includes any duty of restitution imposed by any agreement, diversion agreement, court order, decree or judgment, whether interlocutory or final, pursuant to a criminal conviction, order of assignment to intensive supervised probation, order of probation or condition of parole.
(7) "Restitution" as used in this section and K.S.A. 23-495 and 23-496, and amendments thereto, means monetary remuneration owed by an obligor to an obligee as compensation for loss incurred through criminal actions of the obligor which result in loss to the obligee. For the purposes of this act, restitution shall include court costs.
History: L. 1972, ch. 123, § 2; L. 1978, ch. 227, § 1; L. 1982, ch. 152, § 21; L. 1985, ch. 115, § 34; L. 1997, ch. 182, § 97; July 3.
History: L. 1972, ch. 123, § 3; L. 1985, ch. 115, § 35; L. 1999, ch. 57, § 36; July 1.
(a) For collection of support or restitution from the obligor upon the written request of the obligee or upon the order of the court; and
(b) to compile a list of individuals who owe arrearages under a support order or have failed, after appropriate notice, to comply with a subpoena issued pursuant to a duty of support. The court trustee shall deliver such list to the secretary of social and rehabilitation services on a quarterly basis or more frequently as requested by the secretary.
History: L. 1972, ch. 123, § 4; L. 1997, ch. 182, § 98; L. 2007, ch. 174, § 1; July 1.
(b) The court trustee may also file motions for an increase or a decrease of the amount of support on behalf of any child. Any such motion to modify the amount of support shall not be heard until notice has been given to the obligee, the obligor and their attorneys of record, if any.
(c) The court trustee shall have the following additional powers and duties upon approval of the chief judge:
(1) To issue summonses, administrative subpoenas and subpoenas duces tecum to obligors, obligees and other witnesses who possess knowledge or books and records relating to enforcement of support or restitution to appear in the office of the trustee or before the district court for examination;
(2) to administer oaths and take sworn testimony on the record or by affidavit;
(3) to appoint special process servers as required to carry out the court trustee's responsibilities under this section;
(4) to enter into stipulations, acknowledgments, agreements and journal entries, subject to approval of the court; and
(5) to enter into contracts pursuant to K.S.A. 75-719, and amendments thereto, with the attorney general for the collection of debts owed to courts or restitution owed to obligees.
History: L. 1972, ch. 123, § 5; L. 1976, ch. 173, § 1; L. 1985, ch. 115, § 36; L. 1997, ch. 182, § 99; L. 1999, ch. 57, § 37; July 1.
(b) All such amounts shall be paid to the court trustee operations fund of the county where collected. There shall be created a court trustee operations fund in the county treasury of each county or district court of each county, in each judicial district that establishes the office of court trustee for the judicial district. The moneys budgeted to fund the operation of existing court trustee offices and to fund the start-up costs of new court trustee offices established on or after January 1, 1992, whether as a result of a rule adopted pursuant to K.S.A. 23-494, and amendments thereto, or because this act has created a court trustee operations fund, shall be transferred from the county general fund to the court trustee operations fund. The county commissioners of the county or group of counties, if the judicial district consists of more than one county, by a majority vote, shall decide whether the county or counties will have a court trustee operations fund in the county treasury or the district court of each county. All expenditures from the court trustee operations fund shall be made in accordance with the provisions of K.S.A. 23-492 et seq. and amendments thereto to enforce duties of support. Authorized expenditures from the court trustee operations fund may include repayment of start-up costs, expansions and operations of the court trustee's office to the county general fund. The court trustee shall be paid compensation as determined by the chief judge. The board of county commissioners of each county to which this act may apply shall provide suitable quarters for the office of court trustee, furnish stationery and supplies, and such furniture and equipment as shall, in the discretion of the chief judge, be necessary for the use of the court trustee. The chief judge shall fix and determine the annual budget of the office of the court trustee and shall review and determine on an annual basis the amount necessary to be charged to defray the expense of start-up costs, expansions and operations of the office of court trustee. All payments made by the secretary of social and rehabilitation services pursuant to K.S.A. 23-4,117 and amendments thereto or any grants or other monies received which are intended to further child support enforcement goals or restitution goals shall be deposited in the court trustee operations fund.
(c) The court trustee shall not charge or collect a fee for any support payment that is not paid through the central unit for collection and disbursements of support payments pursuant to K.S.A. 23-4,118, and amendments thereto.
History: L. 1972, ch. 123, § 6; L. 1976, ch. 145, § 136; L. 1978, ch. 105, § 8; L. 1985, ch. 115, § 37; L. 1991, ch. 96, § 1; L. 1997, ch. 182, § 100; L. 1999, ch. 57, § 38; L. 2001, ch. 195, § 11; July 1.
(1) In each judicial district consisting of a single county such expenditure shall be paid by the board of county commissioners or chief judge from the court trustees operations fund as provided in K.S.A. 23-497 and amendments thereto.
(2) In each judicial district consisting of more than one county which has a single court trustee operation serving all the counties in that district, such expenditure shall be paid by the:
(A) Board of county commissioners of the county having the greatest amount of support or restitution money collected by the court trustee's office in such district from the court trustees operations fund of such county, and such board of county commissioners shall send a statement to the board of county commissioners of each of the other counties in such district for a proportional amount of such annual expenditures with such proportion to be based upon the respective amounts of support and restitution money collected by the court trustee's office of each county within such judicial district. Each board of county commissioners receiving a statement pursuant to this section shall make payment of the same from the court trustees operations fund of the county; or
(B) chief judge of such judicial district. Such judge shall pay such annual expenditures from the court trustee operations fund in the district court of each county based upon the respective amounts of support and restitution money collected by the court trustee's office of each county within such judicial district. The chief judge shall promptly reimburse the county general fund for expenditures made for salary, compensation and fringe benefits made on behalf of the court trustee's office pursuant to K.S.A. 20-162, 20-358 and 20-359, and amendments thereto.
(3) The expenditure for a court trustee office in a multicounty district which does not operate in all counties of the district shall be paid proportionately, as in subsection (2), from the court trustee operations fund of each county served by the court trustee.
(b) The chief judge and the board of county commissioners may agree on a reimbursement amount to the county general fund in an amount less than the total expenses of the court trustee's office, but such reimbursement amount shall not exceed the total expenses of the court trustee's office.
History: L. 1972, ch. 123, § 7; L. 1978, ch. 105, § 9; L. 1991, ch. 96, § 2; L. 1997, ch. 182, § 101; L. 1999, ch. 57, § 39; July 1.
History: L. 1972, ch. 123, § 8; L. 1985, ch. 115, § 38; L. 1999, ch. 57, § 40; July 1.
(b) (1) In reviewing the written request for exemption provided in subsection (a), the presiding judge shall make a determination on whether the claimant's request is a good cause claim based on all relevant factors.
(2) The presiding judge's determination shall be based upon the totality of the circumstances and no one factor shall be determinative as to the outcome of the claimant's request for such good cause claim for exemption.
History: L. 1972, ch. 123, § 9; L. 1991, ch. 96, § 3; L. 1997, ch. 182, § 102; July 3.
(b) The attorney general shall review any declaration made pursuant to subsection (a) to determine whether the declaration should be revoked if all or part of the same jurisdiction was declared a foreign reciprocating country by the United States secretary of state and the declaration by the United States secretary of state has been revoked.
History: L. 1990, ch. 208, § 2; L. 1997, ch. 182, § 22; July 3.
(b) The purpose of the income withholding act is to enhance the enforcement of all support obligations by providing a quick and effective procedure for withholding income to enforce orders of support and to provide children access to health coverage under their parents' health benefit plans.
(c) If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History: L. 1985, ch. 115, § 1; L. 1986, ch. 137, § 10; L. 1994, ch. 301, § 19; July 1.
(a) "Arrearage" means the total amount of unpaid support which is due and unpaid under an order for support, based upon the due date specified in the order for support or, if no specific date is stated in the order, the last day of the month in which the payment is to be made. If the order for support includes a judgment for reimbursement, an arrearage equal to or greater than the amount of support payable for one month exists on the date the order for support is entered.
(b) "Business day" means a day on which state offices in Kansas are open for regular business.
(c) "Health benefit plan" means any benefit plan, other than public assistance, which is able to provide hospital, surgical, medical, dental or any other health care or benefits for a child, whether through insurance or otherwise, and which is available through a parent's employment or other group plan.
(d) "Income" means any form of periodic payment to an individual, regardless of source, including, but not limited to, wages, salary, trust, royalty, commission, bonus, compensation as an independent contractor, annuity and retirement benefits, workers compensation and any other periodic payments made by any person, private entity or federal, state or local government or any agency or instrumentality thereof. "Income" does not include: (1) Any amounts required by law to be withheld, other than creditor claims, including but not limited to federal and state taxes, social security tax and other retirement and disability contributions; (2) any amounts exempted by federal law; (3) public assistance payments; and (4) unemployment insurance benefits except to the extent otherwise provided by law. Any other state or local laws which limit or exempt income or the amount or percentage of income that can be withheld shall not apply. Workers compensation shall be considered income only for the purposes of child support and not for the purposes of maintenance.
(e) "Income withholding order" means an order issued under this act which requires a payor to withhold income to satisfy an order for support or to defray an arrearage.
(f) "Medical child support order" means an order requiring a parent to provide coverage for a child under a health benefit plan and, where the context requires, may include an order requiring a payor to enroll a child in a health benefit plan.
(g) "Medical withholding order" means an income withholding order which requires an employer, sponsor or other administrator of a health benefit plan to enroll a child under the health coverage of a parent.
(h) "Nonparticipating parent" means, if one parent is a participating parent as defined in this section, the other parent.
(i) "Obligee" means the person or entity to whom a duty of support is owed.
(j) "Obligor" means any person who owes a duty to make payments or provide health benefit coverage under an order for support.
(k) "Order for support" means any order of a court, or of an administrative agency authorized by law to issue such an order, which provides for payment of funds for the support of a child, or for maintenance of a spouse or ex-spouse, and includes an order which provides for modification or resumption of a previously existing order; payment of uninsured medical expenses; payment of an arrearage accrued under a previously existing order; a reimbursement order, including but not limited to an order established pursuant to K.S.A. 39-718a or 39-718b, and amendments thereto; an order established pursuant to K.S.A. 23-451 et seq. and amendments thereto; or a medical child support order.
(l) "Participating parent" means a parent who is eligible for single coverage under a health benefit plan as defined in this section, regardless of the type of coverage actually in effect, if any.
(m) "Payor" means any person or entity owing income to an obligor or any self-employed obligor and includes, with respect to a medical child support order, the sponsor or administrator of a health benefit plan.
(n) "Public office" means any elected or appointed official of the state or any political subdivision or agency of the state, or any subcontractor thereof, who is or may become responsible by law for enforcement of, or who is or may become authorized to enforce, an order for support, including but not limited to the department of social and rehabilitation services, court trustees, county or district attorneys and other subcontractors.
(o) "Title IV-D" means part D of title IV of the federal social security act (42 U.S.C. § 651 et seq.) and amendments thereto, as in effect on December 31, 1999. "Title IV-D cases" means those cases required by title IV-D to be processed by the department of social and rehabilitation services under the state's plan for providing title IV-D services.
History: L. 1985, ch. 115, § 2; L. 1990, ch. 117, § 1; L. 1994, ch. 301, § 20; L. 1997, ch. 182, § 23; L. 2001, ch. 195, § 1; July 1.
(b) Except as otherwise provided in subsection (j), (k) or (l), all new or modified orders for support shall provide for immediate issuance of an income withholding order. The income withholding order shall be issued without further notice to the obligor and shall specify an amount sufficient to satisfy the order for support and to defray any arrearage. The income withholding order shall be issued regardless of whether a payor subject to the jurisdiction of this state can be identified at the time the order for support is entered.
(c) Except as otherwise provided in this subsection or subsections (j) or (l), if no income withholding order is in effect to enforce the support order, an income withholding order shall be issued by the court upon request of the obligee or public office, provided that the obligor accrued an arrearage equal to or greater than the amount of support payable for one month and the requirements of subsections (d) and (h) have been met. The income withholding order shall be issued without further notice to the obligor and shall specify an amount sufficient to satisfy the order for support and to defray any arrearage. The income withholding order shall be issued regardless of whether a payor subject to the jurisdiction of this state can be identified at the time the income withholding order is issued.
(d) Not less than seven days after the obligee or public office has served a notice pursuant to subsection (h), the obligee or public office may initiate income withholding pursuant to paragraph (1) or (2).
(1) The obligee or public office may apply for an income withholding order by filing with the court an affidavit stating: (A) The date that the notice was served on the obligor and the manner of service; (B) that the obligor has not filed a motion to stay issuance of the income withholding order or, if a motion to stay has been filed, the reason an income withholding order must be issued immediately; (C) a specified amount to be withheld by the payor to satisfy the order of support and to defray any arrearage; (D) whether the income withholding order is to include a medical withholding order; and (E) that the amount of the arrearage as of the date the notice to the obligor was prepared was equal to or greater than the amount of support payable for one month. In addition to any other penalty provided by law, the filing of such an affidavit with knowledge of the falsity of a material declaration is punishable as a contempt.
Upon the filing of the affidavit, the income withholding order shall be issued without further notice to the obligor, hearing or amendments of the support order. Payment of all or part of the arrearage before issuance of the income withholding order shall not prevent issuance of the income withholding order, unless the arrearage is paid in full and the order for support does not include an amount for the current support of a person. No affidavit is required if the court, upon hearing a motion to stay issuance of the income withholding order or otherwise, issues an income withholding order.
(2) In a title IV-D case, the IV-D agency may issue an income withholding order as authorized by K.S.A. 39-7,147, and amendments thereto. Any such income withholding order shall be considered an income withholding order issued pursuant to this act.
(e) (1) An income withholding order shall be directed to any payor of the obligor. Notwithstanding any other requirement of this act as to form or content, any income withholding order prepared in a standard format prescribed by the secretary of social and rehabilitation services shall be deemed to be in compliance with this act.
(2) An income withholding order which does not include a medical withholding order shall require the payor to withhold from any income due, or to become due, to the obligor a specified amount sufficient to satisfy the order of support and to defray any arrearage and shall include notice of and direction to comply with the provisions of K.S.A. 23-4,108 and 23-4,109, and amendments thereto.
(3) An income withholding order which consists only of a medical withholding order shall include notice of the medical child support order and shall conform to the requirements of K.S.A. 23-4,121 and amendments thereto. The medical withholding order shall include notice of and direction to comply with the requirements of K.S.A. 23-4,108, 23-4,109, 23-4,119 and 23-4,122 and amendments thereto.
(4) An income withholding order which includes both a medical withholding order and an income withholding order for cash support shall meet the requirements of paragraphs (2) and (3).
(f) (1) Upon written request and without the requirement of further notice to the obligor, the clerk of the district court shall cause a copy of the income withholding order to be served on the payor only by personal service or registered mail, return receipt requested.
(2) Without the requirement of further notice to the obligor, the IV-D agency may cause a copy of any income withholding order to be served on the payor only by personal service or registered mail, return receipt requested or by any alternate method acceptable to the payor. No payor shall be liable to any person solely because of the method of service accepted by the payor.
(3) As used in this section, "copy of the income withholding order" means any document or notice, regardless of format, that advises the payor of the same general duties, requires the same amount to be withheld from income and requires medical withholding to the same extent as the original income withholding order.
(g) An income withholding order shall be binding on any existing or future payor on whom a copy of the order is served and shall require the continued withholding of income from each periodic payment of income until further order of the court or agency that issued the income withholding order. At any time following issuance of an income withholding order, a copy of the income withholding order may be served on any payor without the requirement of further notice to the obligor.
(h) Except as provided in subsection (k) or (l), at any time following entry of an order for support the obligee or public office may serve upon the obligor a written notice of intent to initiate income withholding. If any notice in the court record indicates that title IV-D services are being provided in the case, whether or not the IV-D services include enforcement of current support, the person or public office requesting issuance of the income withholding order shall obtain the consent of the IV-D agency to the terms of the proposed income withholding order.
The notice of intent to initiate income withholding shall be served on the obligor only by personal service or registered mail, return receipt requested. The notice served on the obligor must state: (1) The terms of the order of support and the total arrearage as of the date the notice was prepared; (2) the amount of income that will be withheld, not including premiums to satisfy a medical withholding order; (3) whether a medical withholding order will be included; (4) that the provision for withholding applies to any current or subsequent payor; (5) the procedures available for contesting the withholding and that the only basis for contesting the withholding is a mistake of fact concerning the amount of the support order, the amount of the arrearage, the amount of income to be withheld or the proper identity of the obligor; (6) the period within which the obligor must act to stay issuance of the income withholding order and that failure to take such action within the specified time will result in payors' being ordered to begin withholding; and (7) the action which will be taken if the obligor contests the withholding.
The obligor may, at any time, waive in writing the notice required by this subsection.
(i) On request of an obligor, the court shall issue an income withholding order which shall be honored by a payor regardless of whether there is an arrearage. Nothing in this subsection shall limit the right of the obligee to request modification of the income withholding order.
(j) (1) In a nontitle IV-D case, upon presentation to the court of a written agreement between the parties providing for an alternative arrangement, no income withholding order shall be issued pursuant to subsection (b). In any case, before entry of a new or modified order for support, a party may request that no income withholding order be issued pursuant to subsection (b) if notice of the request has been served on all interested parties and: (A) The party demonstrates, and the court finds, that there is good cause not to require immediate income withholding, or (B) a written agreement among all interested parties provides for an alternative arrangement. If child support and maintenance payments are both made to an obligee by the same obligor, and if the court has determined that good cause has been shown that direct child support payments to the obligee may be made, then the court shall provide for direct maintenance payments to the obligee and no income withholding order shall be issued pursuant to subsection (b). In a title IV-D case, the determination that there is good cause not to require immediate income withholding must include a finding that immediate income withholding would not be in the child's best interests and, if an obligor's existing obligation is being modified, proof of timely payment of previously ordered support.
(2) Notwithstanding the provisions of subsection (j)(1), the court shall issue an income withholding order when an affidavit pursuant to subsection (d) is filed if an arrearage exists in an amount equal to or greater than the amount of support payable for one month.
(3) If a notice pursuant to subsection (h) has been served in a title IV-D case, there is no arrearage or the arrearage is less than the amount of support payable for one month, and the obligor files a motion to stay issuance of the income withholding order based upon the court's previous finding of good cause not to require immediate income withholding pursuant to subsection (j)(1), the obligor must demonstrate the continued existence of good cause. Unless the court again finds that good cause not to require immediate income withholding exists, the court shall issue the income withholding order.
(4) If a notice pursuant to subsection (h) has been served in a title IV-D case, there is no arrearage or the arrearage is less than the amount of support payable for one month, and the obligor files a motion to stay issuance of an income withholding order based upon a previous agreement of the interested parties for an alternative arrangement pursuant to subsection (j)(1), the court shall issue an income withholding order, notwithstanding any previous agreement, if the court finds that:
(A) The agreement was not in writing;
(B) the agreement was not approved by all interested parties;
(C) the terms of the agreement or alternative arrangement are not being met;
(D) the agreement or alternative arrangement is not in the best interests of the child; or
(E) the agreement or alternative arrangement places an unnecessary burden upon the obligor, obligee or a public office.
(5) The procedures and requirements of K.S.A. 23-4,110 and amendments thereto apply to any motion pursuant to paragraph (3) or (4) of this subsection (j).
(k) (1) An ex parte interlocutory order for support may be enforced pursuant to subsection (b) only if the obligor has consented to the income withholding in writing.
(2) An ex parte interlocutory order for support may be enforced pursuant to subsection (c) only if 10 or more days have elapsed since the order for support was served on the obligor.
(3) Any other interlocutory order for support may be enforced by income withholding pursuant to this act in the same manner as a final order for support.
(4) No bond shall be required for the issuance of an income withholding order to enforce an interlocutory order pursuant to this act.
(l) All new or modified orders for maintenance of a spouse or ex-spouse, except orders for a spouse or ex-spouse living with a child for whom an order of support is also being enforced, entered on or after July 1, 1992, shall include a provision for the withholding of income to enforce the order of support. Unless the parties consent in writing to earlier issuance of a withholding order, withholding shall take effect only after there is an arrearage in an amount equal to or greater than the amount of support payable for two months and after service of a notice as provided in subsection (h).
History: L. 1985, ch. 115, § 3; L. 1986, ch. 137, § 11; L. 1987, ch. 121, § 10; L. 1990, ch. 117, § 2; L. 1992, ch. 254, § 1; L. 1994, ch. 301, § 21; L. 1997, ch. 182, § 24; L. 2001, ch. 195, § 12; July 1.
(b) It shall be the duty of any payor who has been served a copy of an income withholding order for payment of an order for cash support that meets the requirements of subsection (h) to deduct and pay over income as provided in this section. The payor shall begin the required deductions no later than the next payment of income due the obligor after 14 days following service of the order on the payor.
(c) Within seven business days of the time the obligor is normally paid, the payor shall pay the amount withheld as directed by the income withholding agency pursuant to K.S.A. 23-4,109 and amendments thereto, as directed by the income withholding order or by a rule of the Kansas supreme court. The payor shall identify each payment with the name of the obligor, the county and case number of the income withholding order, and the date the income was withheld from the obligor. The payor shall pay the amounts withheld and identify each payment in the same business day. A payor subject to more than one income withholding order payable to the same payee may combine the amounts withheld into a single payment, but only if the amount attributable to each income withholding order is clearly identified. Premiums required for a child's coverage under a health benefit plan shall be remitted as provided in the health benefit plan and shall not be combined with any other support payment required by the income withholding order.
(d) The payor shall continue to withhold income as required by the income withholding order until further order of the court or agency.
(e) From income due the obligor, the payor may withhold and retain to defray the payor's costs a cost recovery fee of $5 for each pay period for which income is withheld or $10 for each month for which income is withheld, whichever is less. Such cost recovery fee shall be in addition to the amount withheld as support.
(f) The entire sum withheld by the payor, including the cost recovery fee and premiums due from the obligor which are incurred solely because of a medical withholding order, shall not exceed the limits provided for under section 303(b) of the consumer credit protection act (15 U.S.C. § 1673(b)). If amounts of earnings required to be withheld exceed the maximum amount of earnings which may be withheld according to the consumer credit protection act, priority shall be given to payment of current and past due support, and the payor shall promptly notify the holder of the limited power of attorney of any nonpayment of premium for a health benefit plan on the child's behalf. An income withholding order issued pursuant to this act shall not be considered a wage garnishment as defined in subsection (b) of K.S.A. 60-2310 and amendments thereto. If amounts of earnings required to be withheld in accordance with this act are less than the maximum amount of earnings which could be withheld according to the consumer credit protection act, the payor shall honor garnishments filed by other creditors to the extent that the total amount taken from earnings does not exceed consumer credit protection act limitations.
(g) The payor shall promptly notify the court or agency that issued the income withholding order of the termination of the obligor's employment or other source of income, or the layoff of the obligor from employment, and provide the obligor's last known address and the name and address of the individual's current employer, if known.
(h) A payor who complies with a copy of an income withholding order that is regular on its face shall not be subject to civil liability to any person or agency for conduct in compliance with the income withholding order. As used in this section, "regular on its face" means a completed document in the standard format for any income withholding notice that has been adopted by the United States secretary of health and human services in a final rule or a certified copy of the income withholding order.
(i) Except as provided further, if any payor violates the provisions of this act, the court may enter a judgment against the payor for the total amount which should have been withheld and paid over. If the payor, without just cause or excuse, fails to pay over income within the time established in subsection (c) and the obligee files a motion to have such income paid over, the court shall enter a judgment against the payor and in favor of the obligee for three times the amount of the income owed and reasonable attorney fees. If the payor, without good cause, fails to pay over the income and identify each payment in the same business day, the court shall enter a judgment against the payor and in favor of the obligee for twice the amount of the cost recovery fee, as established in subsection (e), per obligor.
(j) In addition to any judgment authorized by subsection (i), a payor shall be subject to a civil penalty not exceeding $500 and other equitable relief as the court considers proper if the payor: (1) Discharges, refuses to employ or takes disciplinary action against an obligor subject to an income withholding order because of such withholding and the obligations or additional obligations which it imposes upon the payor; or (2) fails to withhold support from income or to pay such amounts in the manner required by this act.
History: L. 1985, ch. 115, § 4; L. 1986, ch. 137, § 12; L. 1992, ch. 254, § 2; L. 1994, ch. 301, § 22; L. 1995, ch. 197, § 1; L. 1997, ch. 182, § 25; L. 2001, ch. 195, § 2; July 1.
(b) Except as provided by K.S.A. 60-2310, and amendments thereto, any state law which limits or exempts income from legal process or the amount or percentage of income that can be withheld shall not apply to withholding income under this act.
(c) Subject to the provisions of K.S.A. 23-9,503 and amendments thereto, if more than one income withholding order requires withholding from the same source of income of a single obligor, the payor shall withhold and disburse as ordered the total amount required by all income withholding orders if such amount does not exceed the limits of subsection (f) of K.S.A. 23-4,108 and amendments thereto, as shown in the withholding order which specifies the highest percentage of income allowed to be withheld. If the total amount required by all income withholding orders, including premiums due from the obligor which are incurred solely because of a medical withholding order, exceeds such limits, the payor shall withhold the amount permitted to be withheld under such limits and from the amount withheld the payor shall retain any cost recovery fee charged by the payor. The remaining funds shall first be prorated by the payor among all income withholding orders for the obligor that require payment of current support. When all current support for the month has been satisfied, any remaining funds shall be prorated among all income withholding orders for the obligor that require payment of an amount for arrearages. With respect to a medical withholding order, the payor shall promptly notify the affected holder of the limited power of attorney of any nonpayment of premium. The payor may request assistance from the income withholding agency in determining the amount to be disbursed for each income withholding order, but such assistance shall not relieve the payor from any responsibility under this act. Upon request of a public office or of any obligee whose income withholding order is affected by this subsection, the payor shall provide the county, case number and terms of all the obligor's income withholding orders.
(d) The provisions of this section as amended by this act shall apply to all income withheld on or after July 1, 1992, regardless of when the applicable income withholding order was entered or modified.
History: L. 1985, ch. 115, § 5; L. 1986, ch. 137, § 13; L. 1992, ch. 254, § 3; L. 1994, ch. 301, § 23; L. 1997, ch. 182, § 26; July 3.
(a) A motion to stay issuance of the income withholding order must be filed with the court and a copy served on the obligee or public office within seven days after service on the obligor of a notice pursuant to subsection (h) of K.S.A. 23-4,107 and amendments thereto. Except as provided in subsection (j) of K.S.A. 23-4,107 and amendments thereto, the grounds for obtaining the stay shall be limited to a mistake of fact in the notice concerning the amount of the order for support, the amount of the arrearage, the amount of income to be withheld or the proper identity of the obligor. The motion shall specify the mistake of fact alleged to be the basis for the motion. If the amount of the order for support or the amount of the arrearage is challenged, the motion shall specify the amount of the order for support or the arrearage which is uncontested. In addition to any other penalty provided by law, filing a motion to stay with knowledge of the falsity of any material declaration or without specifying the uncontested amount of the order for support or the arrearage, when required, is punishable as a contempt.
(b) The court, upon notice of the date, time and place of hearing to the obligor and the obligee or public office, shall hear the matter within 14 days after the motion to stay issuance of the income withholding order is filed with the court.
(c) (1) If a motion to stay has been filed and the identity of the obligor is not contested, the obligee, obligor or public office may apply for immediate issuance of an income withholding order pursuant to subsection (d) of K.S.A. 23-4,107 and amendments thereto pending resolution of the contested issues. The affidavit shall specify an amount sufficient to satisfy the order for support or the arrearage only to the extent that the amount of the order for support or the arrearage is not contested. A copy of the affidavit shall be served on the obligor.
(2) Whenever an affidavit has been filed as provided in this subsection, the court shall immediately issue the income withholding order.
(d) If the court cannot promptly resolve all issues, the court may continue the hearing on the unresolved issues, provided that within 45 days of the date the notice was served on the obligor the court notifies the obligor and the obligee or public office of whether or not the withholding is to occur. If the court upholds the issuance of an income withholding order in a contested case, the court must include in its order notice of the time within which the withholding will begin and the information given to the payor as required in K.S.A. 23-4,108 and 23-4,109, and amendments thereto.
(e) In addition to any other circumstances warranting issuance of an income withholding order, if the court finds that a notice of intent to initiate income withholding was served on the obligor and that there was an arrearage, as of the date the notice was prepared, in an amount equal to or greater than the amount of support payable for one month, the court shall issue an income withholding order. The provisions of this subsection shall only apply to an order for support of a spouse or ex-spouse if the spouse or ex-spouse is living with a child for whom an order of support is also being enforced.
History: L. 1985, ch. 115, § 6; L. 1990, ch. 117, § 3; L. 1992, ch. 254, § 4; L. 1997, ch. 182, § 27; July 3.
(a) At any time upon motion the court shall: (1) Modify or terminate the income withholding order because of a modification or termination of the underlying order for support; (2) modify the amount of income withheld to reflect payment in full of the arrearage by income withholding or otherwise; or (3) modify, or when appropriate terminate, an income withholding order consisting in whole or in part of a medical withholding order because of a modification or termination of the underlying medical child support order.
(b) On request of the obligee or public office, the court shall issue an order which modifies the amount of income withheld, subject to the limitations of subsection (f) of K.S.A. 23-4,108 and amendments thereto.
(c) The obligor may file a motion to terminate an income order for cash support if: (1) The withholding order has not previously been terminated under this subsection and subsequently initiated; and (2) there is a written agreement among all interested parties which provides for an alternative arrangement. Under this subsection, the court may terminate the income withholding order unless it finds good cause for denying the motion because of the obligor's payment history or otherwise. If an income withholding order is terminated for any reason and the obligor subsequently becomes delinquent in the payment of the order for support, the obligee or public office may obtain another income withholding order by complying with all requirements for notice and service pursuant to this act.
(d) If the income withholding order includes both a medical withholding order and an income withholding order for cash support, modification or termination of one portion of the income withholding order shall not modify or terminate any other portion of the income withholding order except as expressly provided by the court.
(e) If support payments are undeliverable to the obligee, any such payments shall be held in trust by the court until the payments can be delivered.
(f) The clerk of court shall cause to be served on the payor a copy of any order entered pursuant to this section that affects the duties of the payor.
History: L. 1985, ch. 115, § 7; L. 1986, ch. 137, § 14; L. 1992, ch. 254, § 5; L. 1994, ch. 301, § 24; L. 1997, ch. 182, § 28; July 3.
History: L. 1985, ch. 115, § 8; July 1.
(b) If any support rights are assigned to the secretary of social and rehabilitation services, the obligee shall serve on the secretary of social and rehabilitation services a copy of any order for support providing for immediate income withholding or any notice of intent to apply for issuance of an income withholding order. If any support rights are assigned to the secretary of social and rehabilitation services, payments pursuant to an income withholding order shall be disbursed as the notice of assignment directs.
(c) The obligee or public office shall provide written notice to the court trustee or clerk of the court of any other support payments made, including but not limited to a setoff under federal or state law, a collection of unemployment compensation pursuant to K.S.A. 44-718 and amendments thereto or a direct payment from the obligor. The clerk of the court issuing the order for support or other designated person shall record the amounts reported in such notices.
(d) Any public office and clerk of court which collects, disburses or receives payments pursuant to income withholding orders shall maintain complete, accurate and clear records of all payments and their disbursement. Certified copies of payment records maintained by a public office or clerk of court shall, without further proof, be admitted into evidence in any legal proceedings which concern the issue of support.
History: L. 1985, ch. 115, § 9; L. 1990, ch. 117, § 4; L. 1992, ch. 254, § 6; July 1.
History: L. 1985, ch. 115, § 10; L. 1990, ch. 117, § 5; L. 1992, ch. 254, § 7; July 1.
History: L. 1985, ch. 115, § 11; July 1.
(b) Nothing in this act shall limit the filing of any action to modify the support order by the obligor.
(c) The rights, remedies, duties and penalties created by this act are in addition to and not in substitution for any other rights, remedies, duties and penalties created by any other law.
(d) Nothing in this act shall be construed as invalidating any assignment of income executed prior to January 1, 1986, despite the priority status given to withholding orders under this act.
History: L. 1985, ch. 115, § 12; July 1.
(b) The judicial administrator of the courts and the secretary of social and rehabilitation services shall enter into a contract to develop and maintain an automated management information system which will monitor support payments, maintain accurate records of support payments and permit prompt notice of arrearages in support payments. District courts, including court trustees, shall be subcontractors in the management information system and payments for their services shall be disbursed as directed by the judicial administrator. Unless good cause is shown, the secretary of social and rehabilitation services shall contract with court trustees for enforcement services. Subcontractor employees determined necessary to the performance of the contract by the judicial administrator shall be state employees paid by county general funds. The provisions of K.S.A. 20-358 and 20-359, and amendments thereto, shall apply. County expenditures for compensation of subcontractor employees may be paid during any budget year even though the expenditures were not included in the budget for that year. County general funds shall be promptly reimbursed for subcontractor employee compensation cost from the subcontractor's payment plus a reasonable administrative fee for the county for acting as fiscal and reporting agent as determined necessary by the judicial administrator. The provisions of the Kansas court personnel rules, except for pay and classification plans, shall apply to subcontractor employees.
History: L. 1985, ch. 115, § 13; July 1.
The department may contract with another entity for development, enhancement or operation, in whole or in part, of such central unit. The Kansas payment center shall be subject to the following conditions and limitations:
(1) The Kansas payment center shall be subject to the Kansas supreme court rule concerning official child support and maintenance records established pursuant to subsection (c).
(2) No contract shall include provisions allowing the contractor to be paid, in whole or in part, on the basis of an amount per phone call received by the center nor allowing the contractor to be paid an amount per check issued for checks that were issued in error by the center. Nothing in this paragraph shall be construed to prevent the secretary of social and rehabilitation services from compensating on the basis of an amount per phone call any contractor that does not process receipts or disbursements under this section.
(3) Any contract for processing receipts or disbursements under this section shall include penalty provisions for noncompliance with federal regulations relating to the timeliness of collections and disbursements and shall include a monetary penalty of $100 for each erroneous transaction, whether related to collection or disbursement. Penalties shall be collected as and when assessed. Of the penalty, $25 shall be allocated to the obligee and $75 shall be allocated to the department of social and rehabilitation services.
(4) Designees of the secretary of social and rehabilitation services and designees of the office of judicial administration shall have full access to all data, subject to the provisions of title IV-D of the federal social security act, 42 U.S.C. § 651 et seq. Designees of the secretary of social and rehabilitation services, all district court clerks and court trustees shall have access to records of the Kansas payment center sufficient to allow them to assist in the process of matching support payments to the correct accounts.
(5) The Kansas payment center shall provide sufficient customer service staff during regular business hours. Obligors and obligees shall be provided 24-hour access to information about the status of receipts and disbursements, including, but not limited to, date of receipt by the center, date of processing by the center and date of disbursement to the obligee.
(b) The Kansas payment center shall have, by operation of law, a limited power of attorney to perform the specific act of endorsing and negotiating all drafts, checks, money orders or other negotiable instruments representing support payments received by the center. Nothing in this subsection shall be construed as affecting the property rights or interests of any person in such negotiable instruments. The provisions of this subsection shall apply to any negotiable instrument received by the center on or after October 1, 2000.
(c) The Kansas supreme court, by court rule, shall establish the procedure for the creation, maintenance and correction of official child support and maintenance records for use as official court records.
(d) The department shall collaborate with the Kansas supreme court to maintain the Kansas payment center, which shall include all support payments subject to the requirements of title IV-D of the federal social security act, 42 U.S.C. § 651 et seq., and, except as specifically directed otherwise by the court pursuant to K.S.A. 60-1610, and amendments thereto, all other support payments due under a court order entered in this state.
(e) Any provision in any support order or income withholding order entered in this state which requires remittance of support payments to the clerk of the district court or district court trustee shall be deemed to require remittance of support payments to the Kansas payment center, regardless of the date the support or income withholding order was entered.
(f) (1) Except as otherwise provided in this subsection, payments received by the Kansas payment center which cannot be matched to any account nor returned to the payor shall be transferred to the state treasurer in accordance with the unclaimed property act.
(2) Except as otherwise provided in this subsection, disbursements which cannot be delivered to the payee after a good faith effort to locate the payee shall be transferred to the state treasurer in accordance with the unclaimed property act.
(3) To the extent that the secretary of social and rehabilitation services would be required to treat as federal program income any amount transferable to the state treasurer pursuant to this subsection or the unclaimed property act, such amount shall not be presumed abandoned but shall be held by the secretary until the amount may be delivered to the true owner. The secretary and the state treasurer shall collaborate on procedures for locating the true owner and confirming claims to amounts so held.
History: L. 1985, ch. 115, § 14; L. 1986, ch. 137, § 15; L. 1994, ch. 301, § 25; L. 1999, ch. 57, § 41; L. 2001, ch. 195, § 3; L. 2003, ch. 111, § 1; L. 2006, ch. 74, § 1; July 1.
(b) Except for good cause shown, if more than one health benefit plan is available for and accessible to a child, the court shall give preference to the plan: (1) Designated by court order or agreement of the parties, or, if none, then (2) in which the child already has benefits, or, if none, then (3) with terms closest to those designated by court order or agreement of the parties, or, if none, then (4) in which the parent or members of the parent's household have benefits, or, if none, then (5) in which the child will receive the greatest benefits.
(c) When a medical child support order has been entered, the obligor shall be deemed to have granted by operation of law a limited power of attorney to submit claims to a health benefit plan on the child's behalf and to endorse and negotiate any check or other negotiable instrument issued in full or partial payment of the child's claim. Except as otherwise provided in this subsection, the limited power of attorney shall be held by the obligee. If the child is receiving medical assistance from the secretary of social and rehabilitation services, the secretary of social and rehabilitation services shall be deemed the sole holder of the limited power of attorney with respect to payments subject to the secretary's claim for reimbursement. Upon termination of medical assistance in this state for the child, the secretary of social and rehabilitation services shall retain the limited power of attorney with respect to medical assistance already provided until the claim of the secretary for reimbursement is satisfied. If the child is receiving medical assistance under Title XIX of the federal social security act in another state or jurisdiction, the agency or official responsible for administering the Title XIX program in that state or jurisdiction shall be deemed the sole holder of the limited power of attorney with respect to payments subject to the claim of that agency or official for reimbursement. Upon termination of medical assistance in that state or jurisdiction for the child the agency or official administering the Title XIX program shall retain the limited power of attorney with respect to medical assistance already provided until the claim of that agency or official for reimbursement is satisfied.
(d) In any case in which a participating parent is required by a court or administrative order to provide health coverage for a child, the participating parent is eligible for family health coverage, and the child is otherwise eligible for family health coverage, without regard to any enrollment season restrictions the employer, sponsor or other administrator of a health benefit plan: (1) Shall permit the participating parent to enroll the child for coverage; or (2) if the participating parent is enrolled but has not applied for coverage for the child, shall permit the holder of a limited power of attorney pursuant to subsection (c) to enroll the child. A child enrolled under this subsection shall be treated, with regard to any preexisting condition, as though enrollment occurred during the normal open enrollment period.
(e) When a child has been enrolled for coverage pursuant to subsection (d), the employer, sponsor or other administrator of a health benefit plan shall not disenroll or eliminate coverage of the child unless the employer, sponsor or administrator is provided: (1) Satisfactory written evidence that the court or administrative order requiring the parent to provide health coverage is no longer in effect for the child and either the participating parent has requested a change or discontinuance of the child's coverage, or the child is otherwise ineligible for continued coverage; or (2) satisfactory written evidence, signed by all holders of a limited power of attorney pursuant to subsection (c), that the child is or will be enrolled in comparable health coverage through another insurer or health benefit plan which will take effect no later than the effective date of the disenrollment. An employer may also disenroll or eliminate coverage for the child if the employer has eliminated family health coverage for all of its employees.
(f) The provisions of this section and the income withholding act and amendments thereto shall apply to all orders for support, including all medical child support orders, entered in this state regardless of the date the order was entered.
History: L. 1994, ch. 301, § 14; L. 2007, ch. 174, § 2; July 1.
(b) If, at the time a medical child support order requiring enrollment of a child in a health benefit plan is entered, the participating parent is not otherwise subject to an income withholding order, the court upon request and without further notice or hearing shall enter a medical withholding order for the participating parent, except for good cause shown pursuant to subsection (j) of K.S.A. 23-4,107 and amendments thereto.
(c) Except as otherwise provided in this subsection, at any time after a medical child support order requiring enrollment of a child in a health benefit plan is entered, the court upon motion shall enter an income withholding order consisting in whole or in part of a medical withholding order. In Title IV-D cases, the court may deny the motion only if: (1) The participating parent is not otherwise subject to an income withholding order, and (2) the provisions of subsection (j) of K.S.A. 23-4,107 and amendments thereto have been met. In all other cases the court may grant or deny the motion after considering the following factors: (1) The medical needs of the child; (2) whether the participating parent has attempted to promptly comply with the medical child support order; and (3) any other relevant factor. Nothing in this subsection shall prevent or delay entry of an income withholding order pursuant to subsection (c) of K.S.A. 23-4,107 and amendments thereto.
History: L. 1994, ch. 301, § 15; July 1.
(b) A medical withholding order shall clearly specify: (1) The name, last known mailing address and, if known, social security number of the parent required to enroll a child in a health benefit plan; (2) for each child covered by the medical child support order, the child's name, date of birth, social security number and mailing address. The child's mailing address need not be the child's home address. In addition to the child's mailing address, the order may designate a representative to receive copies of notices to the child. If the holder of the limited power of attorney pursuant to subsection (c) of K.S.A. 23-4,119 is someone other than the nonparticipating parent, the holder of the limited power of attorney shall be designated a representative entitled to receive copies of notices to the child; (3) the address where payments are to be sent, if different from the mailing address of the child or representative; (4) the type of coverage required for each child or how the type of coverage is to be determined; (5) the period to which the order applies; and (6) each plan to which the order applies. Except as otherwise specified in the order the order is presumed to apply to all plans whose applicable eligibility requirements have been met. The requirement of provision (5) may be met by providing the child's date of birth and the jurisdiction whose law governs the duration of the duty of support under the order.
(c) A medical withholding order meeting the requirements of subsections (a) and (b) shall be treated for all purposes as a qualified medical child support order under the federal employee retirement income security act (29 U.S.C. §1161 et seq.).
History: L. 1994, ch. 301, § 16; July 1.
(b) An employer, sponsor or other administrator of a health benefit plan shall not unreasonably delay a child's enrollment pursuant to a medical withholding order. If there is a defect in the form or documentation, the employer, sponsor or other administrator of a health benefit plan shall process the enrollment to the extent possible and promptly inform the requesting person of any additional documents or information needed to complete enrollment.
(c) If a medical withholding order has been served and the payor has determined that the child will not be enrolled immediately because the parent required to provide health coverage for the child is not eligible for family coverage, it shall be the duty of the payor to promptly reconsider the determination not to enroll the child if the parent subsequently becomes eligible for family coverage.
(d) The payor shall deduct and remit premiums or other payments required by the health benefit plan as provided in the plan.
History: L. 1994, ch. 301, § 17; July 1.
(b) The amount of the judgment shall include the lesser of: (1) Actual costs incurred by the obligee for substantially similar health benefits; or (2) the difference between the actual amount of the cash child support order and the amount the cash child support order would have been without the credit for unpaid premiums and with any premiums paid by the obligee for substantially similar health benefit coverage.
(c) Failure to obtain or maintain health benefit coverage as ordered, for whatever reason, shall be a material change of circumstances justifying modification of the order for support if credit has been given for health benefit premiums which were not paid timely.
History: L. 1994, ch. 301, § 18; July 1.
(b) The purpose of K.S.A. 23-4,125 through 23-4,137, and amendments thereto, is to enhance the enforcement of support obligations in cases being processed pursuant to title IV, part D, of the federal social security act (42 U.S.C. § 651 et seq.), as amended, by providing a quick and effective procedure for the withholding of income derived in this jurisdiction to enforce support orders of other jurisdictions and by requiring that income withholding to enforce the support orders of this jurisdiction be sought in other jurisdictions.
History: L. 1985, ch. 115, § 15; L. 1986, ch. 137, § 16; July 1.
(a) "Agency" means the state department of social and rehabilitation services or its contractors and, when the context requires, either the court or agency of any other jurisdiction with functions similar to those defined in K.S.A. 23-4,125 through 23-4,137 and amendments thereto, including the issuance and enforcement of support orders.
(b) "Child" means any child, whether older or younger than the age of majority, with respect to whom a support order exists.
(c) "Court" means the district court of this state and, when the context requires, either the court or agency of any other jurisdiction with functions similar to those defined in K.S.A. 23-4,125 through 23-4,137 and amendments thereto, including the issuance and enforcement of support orders.
(d) "Income" means income as defined in K.S.A. 23-4,106 and amendments thereto.
(e) "Income derived in this jurisdiction" means any income, the payor of which is subject to the jurisdiction of this state for the purpose of imposing and enforcing income withholding under K.S.A. 23-4,105 through 23-4,118 and amendments thereto.
(f) "Jurisdiction" means any state, political subdivision, territory or possession of the United States; the District of Columbia; and the Commonwealth of Puerto Rico.
(g) "Obligee" means any person or entity which is entitled to receive support under a support order and shall include an agency of another jurisdiction to which a person has assigned the person's right to support.
(h) "Obligor" means any person required to make payments under the terms of a support order for a child, spouse or former spouse.
(i) "Payor" means payor as defined in K.S.A. 23-4,106 and amendments thereto.
(j) "Support order" means any order, decree or judgment for the support of a child, or for maintenance of a spouse or ex-spouse living with a child for whom an order of support is also being enforced, issued by a court or agency of another jurisdiction, whether interlocutory or final, whether prospectively or retroactively modifiable and whether incidental to a proceeding for divorce, annulment, separate maintenance, paternity, guardianship, protection from abuse or otherwise.
(k) "Income withholding order" means an order or notice, regardless of how denominated, which requires a payor to withhold income to satisfy an order to support or to defray an arrearage.
History: L. 1985, ch. 115, § 16; L. 1992, ch. 254, § 8; July 1.
History: L. 1985, ch. 115, § 17; July 1.
(b) An obligee not receiving services from the agency pursuant to title IV, part D, of the federal social security act (42 U.S.C. § 651 et seq.), as amended, may request the appropriate agency or official in another jurisdiction in which the obligor of a support order derives income to enter the order for the purpose of obtaining income withholding. The obligee or the obligee's attorney, if any, shall compile and transmit all documentation required by the other jurisdiction for this purpose. The obligee or the obligee's attorney, if any, shall transmit immediately to the other jurisdiction a certified copy of any subsequent modifications of the support order.
History: L. 1985, ch. 115, § 18; L. 1994, ch. 301, § 26; July 1.
(b) The following documentation is required for the entry of a support order of another jurisdiction under the interstate income withholding act:
(1) A certified copy of the support order with all modifications;
(2) a certified statement of child support owed and paid, including dates of payment and to whom paid;
(3) a certified copy of an income withholding notice or order, if any, still in effect;
(4) a copy of the portion of the income withholding statute of the jurisdiction which issued the support order which states the requirements for obtaining income withholding under the law of that jurisdiction;
(5) a sworn statement of the obligee or agency of the arrearages and the assignment of support rights, if any; and
(6) a statement of:
(A) The name, address and social security number of the obligor, if known;
(B) the name and address of the obligor's employer or of any other source of income of the obligor derived in this state against which income withholding is sought; and
(C) the name and address of the agency or person to whom support payments collected by income withholding shall be transmitted.
(c) If the documentation received under subsection (a) does not conform to the requirements of subsection (b), the agency shall remedy any defect which it can without the assistance of the requesting agency. If the agency is unable to make such corrections, the requesting agency shall immediately be notified of the necessary additions or corrections. In neither case shall the documentation be returned. The agency and court shall accept the documentation required by subsections (a) and (b) even if it is not in the usual form required by state or local rules, so long as the substantive requirements of these subsections are met.
(d) An obligee not receiving services from any agency operating pursuant to title IV, part D, of the federal social security act (42 U.S.C. § 651 et seq.), as amended, may file the documents specified in subsection (b) with the clerk of the court in which withholding is being sought. If the documents are filed by an attorney, they shall be filed by an attorney licensed to practice law in the state of Kansas or authorized in accordance with supreme court rule 116.
(e) A support order entered under subsection (a) or (d) shall be enforceable by income withholding against income derived in this state in the manner and with the effect as set forth in the income withholding act and the interstate income withholding act and amendments thereto. Entry of the order shall not confer jurisdiction on the courts of this state for any purpose other than income withholding.
History: L. 1985, ch. 115, § 19; L. 1994, ch. 301, § 27; L. 1997, ch. 182, § 29; July 3.
(b) If the documentation received pursuant to subsection (a) of K.S.A. 23-4,129 and amendments thereto indicates that an income withholding order based upon the support order has been issued by another jurisdiction and has not been terminated, the agency shall file an affidavit as provided in this subsection. An obligee entering a support order pursuant to subsection (a) of K.S.A. 23-4,129 and amendments thereto may file an affidavit as provided in this subsection if an income withholding order based upon the support order has been issued by another jurisdiction and has not been terminated. The affidavit shall state: (1) That an income withholding order based upon the support order has been issued by another jurisdiction and has not been terminated; (2) that immediate issuance of an income withholding order is required by this act; and (3) a specified amount to be withheld by the payor to satisfy the order for support and to defray any arrearage. The amount specified in the affidavit shall be as near as possible to the amount specified in the most recent income withholding order issued by the other jurisdiction. A copy of the affidavit shall be served by first-class mail upon the obligor. Upon the filing of the affidavit, the income withholding order shall be issued immediately, without further notice to the obligor, except that the court may direct the agency or obligee to serve a notice pursuant to subsection (a) upon the obligor if the court finds that the terms of the income withholding order issued by the other jurisdiction are too vague to be compatible with the amount specified in the affidavit or that the court issuing the income withholding order lacked jurisdiction.
(c) If the obligor seeks a hearing to contest the proposed income withholding in a case being administered pursuant to title IV, part D, of the federal social security act (42 U.S.C. § 651 et seq.), as amended, the agency shall immediately notify the requesting agency of the date, time and place of the hearing.
History: L. 1985, ch. 115, § 20; L. 1986, ch. 137, § 17; L. 1990, ch. 117, § 6; L. 1992, ch. 254, § 9; L. 1994, ch. 301, § 28; July 1.
(b) Once a prima facie case has been established, the obligor may raise only the following:
(1) A mistake of fact that is not res judicata concerning the amount of current support owed or arrearage that had accrued, mistaken identity of the obligor or the amount of income to be withheld;
(2) that the court or agency which issued the support order entered under K.S.A. 23-4,129 and amendments thereto lacked personal jurisdiction over the obligor.
The burden shall be on the obligor to establish these defenses.
(c) If the obligor presents evidence which constitutes a full or partial defense, the court, on the request of the obligee or agency, shall continue the case to permit further evidence relative to the defense to be adduced by either party, except that, if the obligor acknowledges liability sufficient to entitle the obligee to income withholding, the court shall require income withholding for the payment of current support payments under the support order and of so much of any arrearage as is not in dispute, while continuing the case with respect to those matters still in dispute. The court shall determine those matters still in dispute as soon as possible and, if appropriate, shall modify the withholding order to conform to its resolution of those matters.
(d) In addition to other procedural devices available to a party, any party to the proceeding or a guardian ad litem or other representative of the child may adduce testimony of witnesses in another state, including the parties and any of the children, by deposition, by written discovery, by photographic discovery such as videotaped depositions or by personal appearance before the court by telephone or photographic means. The court on its own motion may direct that the testimony of a person be taken in another state and may prescribe the manner in which, and the terms upon which, the testimony shall be taken.
(e) A court of this state may request the appropriate court or agency of another state to hold a hearing to adduce evidence, to permit a deposition to be taken before the court or agency, to order a party to produce or give evidence under other procedures of that state and to forward to the court of this state certified copies of the evidence adduced in compliance with the request.
(f) Upon request of a court or agency of another state the courts of this state which are competent to hear support matters may order a person in this state to appear at a hearing or deposition before the court to adduce evidence or to produce or give evidence under other procedures available in this state. A certified copy of the evidence adduced, such as a transcript or videotape, shall be forwarded by the clerk of the court to the requesting court or agency.
(g) A person within this state may voluntarily testify by statement of affidavit in this state for use in a proceeding to obtain income withholding outside this state.
History: L. 1985, ch. 115, § 21; L. 1986, ch. 137, § 18; July 1.
History: L. 1985, ch. 115, § 22; L. 1986, ch. 137, § 19; July 1.
History: L. 1985, ch. 115, § 23; L. 1997, ch. 182, § 30; July 3.
(b) A support order entered pursuant to K.S.A. 23-4,129 does not nullify and is not nullified by a support order made by a court of this state pursuant to any other law or by a support order made by a court of any other state. Any amount collected by any withholding of income shall be credited against the amounts accruing or accrued for any period under any support orders issued either by this state or by a sister state.
History: L. 1985, ch. 115, § 24; July 1.
(b) In a case being administered pursuant to title IV, part D, of the federal social security act (42 U.S.C. § 651 et seq.), as amended, if the agency determines that the obligor has obtained employment in another state or has a new or additional source of income in another state, it shall notify the agency which requested the income withholding of the changes within five working days of receiving that information and shall forward to that agency all information it has or can obtain with respect to the obligor's new address and the name and address of the obligor's new employer or other source of income. The agency shall include with the notice a certified copy of the income withholding order in effect in this state.
(c) In all other cases the obligee or the obligee's attorney, if any, shall initiate necessary procedures to amend or modify the income withholding order of this state which was based upon the entered support order. The court shall amend or modify the income withholding order to conform to the modified support order.
History: L. 1985, ch. 115, § 25; L. 1994, ch. 301, § 29; July 1.
History: L. 1985, ch. 115, § 26; L. 1992, ch. 254, § 10; L. 1994, ch. 301, § 30; L. 2001, ch. 195, § 4; July 1.
History: L. 1985, ch. 115, § 27; L. 1986, ch. 137, § 20; July 1.
(b) The secretary of social and rehabilitation services shall develop procedures for making information concerning support arrearages owed or assigned to the secretary or owed to any person who has applied for services pursuant to K.S.A. 39-756 and amendments thereto available to consumer reporting agencies upon their request. The procedures shall provide for the information to be made available to such agencies in any case in which the support arrearage is $1,000 or more unless the secretary determines that providing the information is not appropriate in a particular case. The procedures may additionally provide for the information to be available to such agencies if the amount of the support arrearage is less than $1,000.
(c) The secretary may charge a consumer reporting agency requesting support arrearage information a fee not to exceed the actual cost to the secretary in providing such information.
(d) Prior to providing any information concerning an obligor's arrearage to a consumer reporting agency, the secretary shall provide advance notice to the obligor who owes support by first-class mail to the obligor's last known address, concerning the proposed release of information to a consumer reporting agency and of the methods available for contesting the accuracy of the information as provided for in K.S.A. 50-710 and amendments thereto.
History: L. 1985, ch. 115, § 28; L. 1991, ch. 97, § 1; April 18.
(1) In the case of a vehicle, the secretary may perfect a lien on the vehicle by filing a notice of lien with the division of vehicles of the department of revenue. The perfection of the lien shall not be in effect until the notation o