39-7,151. Redirecting support payments; assignment; change of payee. (a) Nothing in this section shall be construed to prevent the secretary from redirecting support payments by filing a notice of assignment pursuant to K.S.A. 39-754, and amendments thereto, or to require the secretary to issue an order to change payee in lieu of filing such a notice of assignment.
(b) If a support order has been entered in any IV-D case, the secretary may enter an order to change the payee. The order may be directed to the clerk of court or any other payer under the support order and shall require payments to be made and disbursed as provided in the order to change payee until further notice. The order to change payee shall be served on the clerk of the court or other payer by only personal service or registered mail, return receipt requested. The secretary shall serve a copy of the order to change payee on the responsible parent and the custodial parent and, if the previous payee is a real party in interest, upon the previous payee by only personal service or registered mail, return receipt requested. An order to change payee may be entered pursuant to this section only if the payer is subject, or may be made subject, to the jurisdiction of the courts of this state. The jurisdiction of the secretary over the payer for purposes of this section shall commence when the payer is served with the order to change payee and shall continue so long as the order to change payee is in effect and has not been superseded.
(c) If an order to change payee is directed to any payer other than the clerk of court, a copy shall also be filed with the tribunal that issued the support order.
(d) If the underlying support order was entered or has been registered in this state, no order to change payee issued by any IV-D agency shall be effective to require any payer, other than a clerk of court, to send payments to any location other than to the clerk of court where the support order was entered or registered, a location specified in the support order or a location specified by court rule. If the clerk of court receives an order to change payee from anyone other than the secretary and a notice of assignment pursuant to K.S.A. 39-754, and amendments thereto, or a conflicting order to change payee is still in effect, the clerk of court may at any time request an administrative hearing pursuant to K.S.A. 75-3306, and amendments thereto, by complying with procedures established by the secretary.
(e) If the underlying support order was not entered and has not been registered in this state, any person whose interest may be prejudiced by the order to change payee may request: (1) An administrative hearing pursuant to K.S.A. 75-3306, and amendments thereto, by complying with procedures established by the secretary within 10 days after entry of the order being contested; or (2) a de novo court review pursuant to K.S.A. 39-7,139, and amendments thereto. If the order is served on the person by mail, the person's time for requesting review shall be extended by three days.
(f) An order to change payee issued by a IV-D agency in another state shall have the same force and effect in this state, and be subject to the same limitations, as an order to change payee issued by the secretary under this section. Upon request of a IV-D agency in another state, the secretary may enforce such an order to change payee as though it had been issued by the secretary for children and families. By serving an order to change payee related to a support order entered in this state, such IV-D agency shall be deemed to have consented to the jurisdiction of this state to determine how payments will be directed to maintain accurate payment records and rapid disbursement of support collections.
(g) As used in this section, "clerk of court" includes any district court trustee generally designated to process support payments and includes any disbursement unit or entity that may be established by court rule to process support payments.
(h) In an administrative hearing pursuant to K.S.A. 75-3306, and amendments thereto, the effect of an order to change payee may be stayed only upon request and only if the new payee is a person or entity other than the clerk of the court.
(i) An order issued pursuant to this section whose effect has not been stayed may be enforced pursuant to the civil enforcement provisions of the Kansas judicial review act, K.S.A. 77-601 et seq., and amendments thereto, after the time for compliance with the order has expired.
History: L. 1997, ch. 182, § 20; L. 2010, ch. 17, § 58; L. 2014, ch. 115, § 120; 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.