23-3124. Income withholding order; lump sum payment; attachment. (a) Except as otherwise provided in this section, an income withholding order for attachment of a lump sum payment shall have the effect of attaching: (1) Any intangible property, funds, credits or other indebtedness of a non-recurring nature belonging or owing to the obligor which is due from the payor or in the possession or under the control of the payor at the time of service of the order; and (2) all such personal property becoming due to the obligor between the time the order is served on the payor and the 35th day after the date the order is served.
(b) The payor shall hold the attached funds, credits or indebtedness at least 14 days following the date the income withholding order for attachment of a lump sum payment was served. Thereafter, except as otherwise provided in this section, the payor shall remit the amount attached no later than the date the lump sum payment would have been paid to the obligor or 21 days after the date the order was served, whichever is later.
(c) The payor shall hold the attached funds, credits or indebtedness until further order of the court if, before remitting funds pursuant to subsection (b), the payor receives notice of a hearing on the obligor's claim of exemption concerning the income withholding order for attachment of a lump sum payment.
(d) This section shall be part of and supplemental to the income withholding act, K.S.A. 2021 Supp. 23-3101 et seq., and amendments thereto.
History: L. 2013, ch. 124, ยง 4; July 1.
Structure Kansas Statutes
Chapter 23 - Kansas Family Law Code-revised
Article 31 - Enforcement Of Support Orders
23-3101 Title and purpose of act; severability.
23-3107 Modification or termination of withholding order, when; notice; medical withholding order.
23-3108 Improper withholding; refund or credit.
23-3109 Duty of obligee and public office to provide certain notices; records of support payments.
23-3111 Bond requirement when obligor self-employed or withholding otherwise impracticable.
23-3112 Act not limitation on other remedies.
23-3113 Forms and informational materials; system to monitor payments; subcontractors.
23-3115 Same; withholding order; issuance.
23-3116 Same; requirements of withholding order.
23-3117 Same; duties of payor with respect to withholding order.
23-3118 Same; failure to maintain coverage.
23-3119 Support enforcement proceeding; failure to comply; penalties.
23-3120 Child support enforcement; licensing bodies; professional license.
23-3121 Reporting of support arrearages to consumer credit reporting agencies.
23-3122 Lien upon vehicles, vessels, aircraft.
23-3123 Distribution of support payments; rules and regulations.
23-3124 Income withholding order; lump sum payment; attachment.
23-3125 Same; notice to obligor; hearing.
23-3126 Income withholding; unemployment insurance benefits.