39-7,147. Income withholding order. (a) Except as otherwise provided in K.S.A. 39-7,149 or K.S.A. 2021 Supp. 23-3103, and amendments thereto, if no income withholding order is in effect to enforce a support order in a title IV-D case, an income withholding order may be entered by the secretary. A notice of intent to initiate income withholding, as described in K.S.A. 2021 Supp. 23-3103, and amendments thereto, shall be served on the responsible parent at least seven days before the secretary issues the income withholding order. If the amount of arrearages is less than the amount of current support due for one month, the requirements of subsection (d) must be met. The income withholding order shall conform to the requirements of the income withholding act, and amendments thereto and shall have the same force and effect as an income withholding order issued by a district court of this state.
(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. 2021 Supp. 23-3103, 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 personal service, first-class mail 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; L. 2012, ch. 162, § 74; L. 2013, ch. 124, § 11; July 1.
Structure Kansas Statutes
Chapter 39 - Mentally Ill, Incapacitated And Dependent Persons; Social Welfare
39-708a Payment of claims to medical vendors not filed within fiscal year; limitation.
39-708d Same; lease of office or business space.
39-709f Medical assistance program and managed care organizations; contract; prompt payment.
39-709j Medical assistance program; coverage for speech-language pathology and audiology services.
39-713d Funeral and cemetery expenses; limitations.
39-718b Liability of parent or guardian for assistance provided child, exceptions.
39-719c Proof deemed prima facie evidence assistance unlawfully received.
39-720 Penalty relating to fraudulent acts; civil actions, evidence.
39-739 Sight handicapped persons; reports to state board of health; forms.
39-740 Same; records available to secretary for children and families.
39-744 Transfer of powers, duties and functions.
39-751 Program for home maintenance; duties of secretary for children and families.
39-752 Same; appointment of supervisors.
39-753 Title IV-D child support enforcement services; duties of secretary; rules and regulations.
39-759 Unlawful acts relating to information concerning absent parents; penalty.
39-790 Court-ordered child support obligation or family maintenance allowance not available income.
39-791 Application of 39-785 through 39-790 suspended; expiration of section.
39-7,118 Drug utilization review program.
39-7,121c Certain medications not subject to prior authorization.
39-7,131 Same; application for waivers of federal requirements prior to implementation of act.
39-7,134 Establishment of system.
39-7,136 Access to information relating to a IV-D case.
39-7,139 Powers and remedies of the secretary concerning IV-D services.
39-7,140 Jurisdiction; service; notice.
39-7,142 Administrative orders.
39-7,143 Same; enforceability.
39-7,144 Subpoena; service; enforceability.
39-7,147 Income withholding order.
39-7,148 Same; modification or termination.
39-7,150 Administrative levy on cash assets.
39-7,151 Redirecting support payments; assignment; change of payee.
39-7,152 Execution; arrearages.
39-7,156 Same; prevention of certification.
39-7,157 Same; termination of proceedings; issuance of driver's license.