(b) If an income withholding order is issued by the secretary to enforce a support order entered by a court of this state, the original document shall be delivered for filing to the clerk of the court that entered the support order. Thereafter, if the secretary is no longer providing title IV-D services in the case, the clerk of the district court shall use the income withholding order issued by the secretary in the same manner as an income withholding order issued by the court.
(c) If an income withholding order is issued by the secretary to enforce a support order entered by a tribunal of another state, the secretary shall transmit a copy of the income withholding order to the tribunal of the other state.
(d) If there are no arrearages or the amount of arrearages under the support order is less than the amount of current support due for one month, the secretary may initiate income withholding only if:
(1) Any arrearages are owed;
(2) a medical child support order exists;
(3) the secretary determines that immediate issuance of the income withholding order was required by K.S.A. 23-4,107 and amendments thereto or by a similar law of another state, but no income withholding order was entered;
(4) the responsible parent consents;
(5) required payments have been received after the due date at least twice within the preceding 12 months, regardless of whether any arrearages are owed; or
(6) the support order was entered by a tribunal of another state.
(e) If the support order was entered by or registered with a court of this state, the notice of intent to initiate income withholding shall be served on the responsible parent by only personal service or registered mail, return receipt requested. In all other cases, the notice of intent to initiate income withholding shall be served upon the responsible parent only by personal service or registered mail, return receipt requested.
History: L. 1997, ch. 182, § 16; July 3.