23-4,107.Income withholding order; service ofnotice; order not issued,when; agreements or alternative arrangements; exparte interlocutoryorders; medical support orders.(a) Any new or modified order for support shall include a provision for thewithholding of income to enforce the order for support.
(b) Except as otherwise provided in subsection (j), (k) or (l), all new ormodified ordersfor support shall provide for immediate issuance of an income withholdingorder. The incomewithholding order shall be issued without further notice to the obligor andshall specify an amountsufficient to satisfy the order for support and to defray any arrearage. Theincome withholdingorder shall be issued regardless of whether a payor subject to the jurisdictionof this state can beidentified at the time the order for support is entered.
(c) Except as otherwise provided in this subsection or subsections (j) or(l), if no incomewithholding order is in effect to enforce the support order, an incomewithholding order shall beissued by the court upon request of the obligee or public office, provided thatthe obligor accruedan arrearage equal to or greater than the amount of support payable for onemonth and therequirements of subsections (d) and (h) have been met. The income withholdingorder shall beissued without further notice to the obligor and shall specify an amountsufficient to satisfy theorder for support and to defray any arrearage. The income withholding ordershall be issued regardless of whether a payor subject to the jurisdiction ofthis state can be identified at the timethe income withholding order is issued.
(d) Not less than seven days after the obligee or public office has served anotice pursuantto subsection (h), the obligee or public office may initiate income withholdingpursuant toparagraph (1) or (2).
(1) The obligee or public office may apply for an income withholding order byfiling withthe court an affidavit stating: (A) The date that the notice was served on theobligor and the mannerof service; (B) that the obligor has not filed a motion to stay issuance of theincome withholdingorder or, if a motion to stay has been filed, the reason an income withholdingorder must be issuedimmediately; (C) a specified amount to be withheld by the payor to satisfy theorder of support andto defray any arrearage; (D) whether the income withholding order is to includea medicalwithholding order; and (E) that the amount of the arrearage as of the date thenotice to the obligorwas prepared was equal to or greater than the amount of support payable for onemonth. In additionto any other penalty provided by law, the filing of such an affidavit withknowledge of the falsityof a material declaration is punishable as a contempt.
Upon the filing of the affidavit, the income withholding order shall be issuedwithoutfurther notice to the obligor, hearing or amendments of the support order.Payment of all or partof the arrearage before issuance of the income withholding order shall notprevent issuance of theincome withholding order, unless the arrearage is paid in full and the orderfor support does notinclude an amount for the current support of a person. No affidavit is requiredif the court, uponhearing a motion to stay issuance of the income withholding order or otherwise,issues an incomewithholding order.
(2) In a title IV-D case, the IV-D agency may issue an income withholdingorder asauthorized by K.S.A. 39-7,147, and amendments thereto. Any such incomewithholding order shallbe considered an income withholding order issued pursuant to this act.
(e) (1) An income withholding order shall be directed to any payor of theobligor.Notwithstanding any other requirement of this act as to form or content, anyincome withholdingorder prepared in a standard format prescribed by the secretary of social andrehabilitation servicesshall be deemed to be in compliance with this act.
(2) An income withholding order which does not include a medical withholdingorder shallrequire the payor to withhold from any income due, or to become due, to theobligor a specifiedamount sufficient to satisfy the order of support and to defray any arrearageand shall includenotice of and direction to comply with the provisions of K.S.A. 23-4,108 and23-4,109, andamendments thereto.
(3) An income withholding order which consists only of a medical withholdingorder shallinclude notice of the medical child support order and shall conform to therequirements of K.S.A.23-4,121 and amendments thereto. The medical withholding order shall includenotice of anddirection to comply with the requirements of K.S.A. 23-4,108, 23-4,109,23-4,119 and 23-4,122and amendments thereto.
(4) An income withholding order which includes both a medical withholdingorder andan income withholding order for cash support shall meet the requirements ofparagraphs (2) and(3).
(f) (1) Upon written request and without the requirement of further noticeto the obligor,the clerk of the district court shall cause a copy of the income withholdingorder to be served onthe payor only by personal service or registered mail, return receiptrequested.
(2) Without the requirement of further notice to the obligor, the IV-D agencymay causea copy of any income withholding order to be served on the payor only bypersonal service orregistered mail, return receipt requested or by any alternate method acceptableto the payor. Nopayor shall be liable to any person solely because of the method of serviceaccepted by the payor.
(3) As used in this section, "copy of the income withholding order" means anydocumentor notice, regardless of format, that advises the payor of the same generalduties, requires the sameamount to be withheld from income and requires medical withholding to the sameextent as theoriginal income withholding order.
(g) An income withholding order shall be binding on any existing or futurepayor on whoma copy of the order is served and shall require the continued withholding ofincome from eachperiodic payment of income until further order of the court or agency thatissued the incomewithholding order. At any time following issuance of an income withholdingorder, a copy of theincome withholding order may be served on any payor without the requirement offurther notice to the obligor.
(h) Except as provided in subsection (k) or (l), at any time following entryof an order forsupport the obligee or public office may serve upon the obligor a writtennotice of intent to initiateincome withholding. If any notice in the court record indicates that title IV-Dservices are beingprovided in the case, whether or not the IV-D services include enforcement ofcurrent support, theperson or public office requesting issuance of the income withholding ordershall obtain theconsent of the IV-D agency to the terms of the proposed income withholdingorder.
The notice of intent to initiate income withholding shall be served on theobligor only bypersonal service or registered mail, return receipt requested. The noticeserved on the obligor muststate: (1) The terms of the order of support and the total arrearage as of thedate the notice wasprepared; (2) the amount of income that will be withheld, not includingpremiums to satisfy amedical withholding order; (3) whether a medical withholding order will beincluded; (4) that theprovision for withholding applies to any current or subsequent payor; (5) theprocedures availablefor contesting the withholding and that the only basis for contesting thewithholding is a mistakeof fact concerning the amount of the support order, the amount of thearrearage, the amount ofincome to be withheld or the proper identity of the obligor; (6) the periodwithin which the obligormust act to stay issuance of the income withholding order and that failure totake such actionwithin the specified time will result in payors' being ordered to beginwithholding; and (7) theaction which will be taken if the obligor contests the withholding.
The obligor may, at any time, waive in writing the notice required by thissubsection.
(i) On request of an obligor, the court shall issue an income withholdingorder which shallbe honored by a payor regardless of whether there is an arrearage. Nothing inthis subsection shalllimit the right of the obligee to request modification of the incomewithholding order.
(j) (1) In a nontitle IV-D case, upon presentation to the court of awritten agreementbetween the parties providing for an alternative arrangement, no incomewithholding order shallbe issued pursuant to subsection (b). In any case, before entry of a new ormodified order forsupport, a party may request that no income withholding order be issuedpursuant to subsection(b) if notice of the request has been served on all interested parties and: (A)The partydemonstrates, and the court finds, that there is good cause not to requireimmediate income withholding, or (B) a written agreement among all interestedparties provides for an alternativearrangement. If child support and maintenance payments are both made to anobligee by the sameobligor, and if the court has determined that good cause has been shown thatdirect child supportpayments to the obligee may be made, then the court shall provide for directmaintenance paymentsto the obligee and no income withholding order shall be issued pursuant tosubsection (b). In a titleIV-D case, the determination that there is good cause not to require immediateincome withholdingmust include a finding that immediate income withholding would not be in thechild's best interestsand, if an obligor's existing obligation is being modified, proof of timelypayment of previouslyordered support.
(2) Notwithstanding the provisions of subsection (j)(1), the court shallissue an incomewithholding order when an affidavit pursuant to subsection (d) is filed if anarrearage exists in anamount 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-Dcase, there is noarrearage or the arrearage is less than the amount of support payable for onemonth, and the obligorfiles a motion to stay issuance of the income withholding order based upon thecourt's previousfinding of good cause not to require immediate income withholding pursuant tosubsection (j)(1),the obligor must demonstrate the continued existence of good cause. Unless thecourt again findsthat good cause not to require immediate income withholding exists, the courtshall issue theincome withholding order.
(4) If a notice pursuant to subsection (h) has been served in a title IV-Dcase, there is noarrearage or the arrearage is less than the amount of support payable for onemonth, and the obligorfiles a motion to stay issuance of an income withholding order based upon aprevious agreementof the interested parties for an alternative arrangement pursuant to subsection(j)(1), the court shallissue an income withholding order, notwithstanding any previous agreement, ifthe 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 ofthe child; or
(E) the agreement or alternative arrangement places an unnecessary burdenupon the obligor, obligee or a public office.
(5) The procedures and requirements of K.S.A. 23-4,110 and amendments theretoapplyto any motion pursuant to paragraph (3) or (4) of this subsection (j).
(k) (1) An ex parte interlocutory order for support may be enforcedpursuant 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 tosubsection (c)only if 10 or more days have elapsed since the order for support was served onthe obligor.
(3) Any other interlocutory order for support may be enforced by incomewithholdingpursuant 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 orderto enforcean interlocutory order pursuant to this act.
(l) All new or modified orders for maintenance of a spouse or ex-spouse,except orders fora spouse or ex-spouse living with a child for whom an order of support is alsobeing enforced,entered on or after July 1, 1992, shall include a provision for the withholdingof income to enforcethe order of support. Unless the parties consent in writing to earlier issuanceof a withholdingorder, withholding shall take effect only after there is an arrearage in anamount equal to or greaterthan the amount of support payable for two months and after service of a noticeas provided insubsection (h).
23-4,107.Income withholding order; service ofnotice; order not issued,when; agreements or alternative arrangements; exparte interlocutoryorders; medical support orders.(a) Any new or modified order for support shall include a provision for thewithholding of income to enforce the order for support.
(b) Except as otherwise provided in subsection (j), (k) or (l), all new ormodified ordersfor support shall provide for immediate issuance of an income withholdingorder. The incomewithholding order shall be issued without further notice to the obligor andshall specify an amountsufficient to satisfy the order for support and to defray any arrearage. Theincome withholdingorder shall be issued regardless of whether a payor subject to the jurisdictionof this state can beidentified at the time the order for support is entered.
(c) Except as otherwise provided in this subsection or subsections (j) or(l), if no incomewithholding order is in effect to enforce the support order, an incomewithholding order shall beissued by the court upon request of the obligee or public office, provided thatthe obligor accruedan arrearage equal to or greater than the amount of support payable for onemonth and therequirements of subsections (d) and (h) have been met. The income withholdingorder shall beissued without further notice to the obligor and shall specify an amountsufficient to satisfy theorder for support and to defray any arrearage. The income withholding ordershall be issued regardless of whether a payor subject to the jurisdiction ofthis state can be identified at the timethe income withholding order is issued.
(d) Not less than seven days after the obligee or public office has served anotice pursuantto subsection (h), the obligee or public office may initiate income withholdingpursuant toparagraph (1) or (2).
(1) The obligee or public office may apply for an income withholding order byfiling withthe court an affidavit stating: (A) The date that the notice was served on theobligor and the mannerof service; (B) that the obligor has not filed a motion to stay issuance of theincome withholdingorder or, if a motion to stay has been filed, the reason an income withholdingorder must be issuedimmediately; (C) a specified amount to be withheld by the payor to satisfy theorder of support andto defray any arrearage; (D) whether the income withholding order is to includea medicalwithholding order; and (E) that the amount of the arrearage as of the date thenotice to the obligorwas prepared was equal to or greater than the amount of support payable for onemonth. In additionto any other penalty provided by law, the filing of such an affidavit withknowledge of the falsityof a material declaration is punishable as a contempt.
Upon the filing of the affidavit, the income withholding order shall be issuedwithoutfurther notice to the obligor, hearing or amendments of the support order.Payment of all or partof the arrearage before issuance of the income withholding order shall notprevent issuance of theincome withholding order, unless the arrearage is paid in full and the orderfor support does notinclude an amount for the current support of a person. No affidavit is requiredif the court, uponhearing a motion to stay issuance of the income withholding order or otherwise,issues an incomewithholding order.
(2) In a title IV-D case, the IV-D agency may issue an income withholdingorder asauthorized by K.S.A. 39-7,147, and amendments thereto. Any such incomewithholding order shallbe considered an income withholding order issued pursuant to this act.
(e) (1) An income withholding order shall be directed to any payor of theobligor.Notwithstanding any other requirement of this act as to form or content, anyincome withholdingorder prepared in a standard format prescribed by the secretary of social andrehabilitation servicesshall be deemed to be in compliance with this act.
(2) An income withholding order which does not include a medical withholdingorder shallrequire the payor to withhold from any income due, or to become due, to theobligor a specifiedamount sufficient to satisfy the order of support and to defray any arrearageand shall includenotice of and direction to comply with the provisions of K.S.A. 23-4,108 and23-4,109, andamendments thereto.
(3) An income withholding order which consists only of a medical withholdingorder shallinclude notice of the medical child support order and shall conform to therequirements of K.S.A.23-4,121 and amendments thereto. The medical withholding order shall includenotice of anddirection to comply with the requirements of K.S.A. 23-4,108, 23-4,109,23-4,119 and 23-4,122and amendments thereto.
(4) An income withholding order which includes both a medical withholdingorder andan income withholding order for cash support shall meet the requirements ofparagraphs (2) and(3).
(f) (1) Upon written request and without the requirement of further noticeto the obligor,the clerk of the district court shall cause a copy of the income withholdingorder to be served onthe payor only by personal service or registered mail, return receiptrequested.
(2) Without the requirement of further notice to the obligor, the IV-D agencymay causea copy of any income withholding order to be served on the payor only bypersonal service orregistered mail, return receipt requested or by any alternate method acceptableto the payor. Nopayor shall be liable to any person solely because of the method of serviceaccepted by the payor.
(3) As used in this section, "copy of the income withholding order" means anydocumentor notice, regardless of format, that advises the payor of the same generalduties, requires the sameamount to be withheld from income and requires medical withholding to the sameextent as theoriginal income withholding order.
(g) An income withholding order shall be binding on any existing or futurepayor on whoma copy of the order is served and shall require the continued withholding ofincome from eachperiodic payment of income until further order of the court or agency thatissued the incomewithholding order. At any time following issuance of an income withholdingorder, a copy of theincome withholding order may be served on any payor without the requirement offurther notice to the obligor.
(h) Except as provided in subsection (k) or (l), at any time following entryof an order forsupport the obligee or public office may serve upon the obligor a writtennotice of intent to initiateincome withholding. If any notice in the court record indicates that title IV-Dservices are beingprovided in the case, whether or not the IV-D services include enforcement ofcurrent support, theperson or public office requesting issuance of the income withholding ordershall obtain theconsent of the IV-D agency to the terms of the proposed income withholdingorder.
The notice of intent to initiate income withholding shall be served on theobligor only bypersonal service or registered mail, return receipt requested. The noticeserved on the obligor muststate: (1) The terms of the order of support and the total arrearage as of thedate the notice wasprepared; (2) the amount of income that will be withheld, not includingpremiums to satisfy amedical withholding order; (3) whether a medical withholding order will beincluded; (4) that theprovision for withholding applies to any current or subsequent payor; (5) theprocedures availablefor contesting the withholding and that the only basis for contesting thewithholding is a mistakeof fact concerning the amount of the support order, the amount of thearrearage, the amount ofincome to be withheld or the proper identity of the obligor; (6) the periodwithin which the obligormust act to stay issuance of the income withholding order and that failure totake such actionwithin the specified time will result in payors' being ordered to beginwithholding; and (7) theaction which will be taken if the obligor contests the withholding.
The obligor may, at any time, waive in writing the notice required by thissubsection.
(i) On request of an obligor, the court shall issue an income withholdingorder which shallbe honored by a payor regardless of whether there is an arrearage. Nothing inthis subsection shalllimit the right of the obligee to request modification of the incomewithholding order.
(j) (1) In a nontitle IV-D case, upon presentation to the court of awritten agreementbetween the parties providing for an alternative arrangement, no incomewithholding order shallbe issued pursuant to subsection (b). In any case, before entry of a new ormodified order forsupport, a party may request that no income withholding order be issuedpursuant to subsection(b) if notice of the request has been served on all interested parties and: (A)The partydemonstrates, and the court finds, that there is good cause not to requireimmediate income withholding, or (B) a written agreement among all interestedparties provides for an alternativearrangement. If child support and maintenance payments are both made to anobligee by the sameobligor, and if the court has determined that good cause has been shown thatdirect child supportpayments to the obligee may be made, then the court shall provide for directmaintenance paymentsto the obligee and no income withholding order shall be issued pursuant tosubsection (b). In a titleIV-D case, the determination that there is good cause not to require immediateincome withholdingmust include a finding that immediate income withholding would not be in thechild's best interestsand, if an obligor's existing obligation is being modified, proof of timelypayment of previouslyordered support.
(2) Notwithstanding the provisions of subsection (j)(1), the court shallissue an incomewithholding order when an affidavit pursuant to subsection (d) is filed if anarrearage exists in anamount 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-Dcase, there is noarrearage or the arrearage is less than the amount of support payable for onemonth, and the obligorfiles a motion to stay issuance of the income withholding order based upon thecourt's previousfinding of good cause not to require immediate income withholding pursuant tosubsection (j)(1),the obligor must demonstrate the continued existence of good cause. Unless thecourt again findsthat good cause not to require immediate income withholding exists, the courtshall issue theincome withholding order.
(4) If a notice pursuant to subsection (h) has been served in a title IV-Dcase, there is noarrearage or the arrearage is less than the amount of support payable for onemonth, and the obligorfiles a motion to stay issuance of an income withholding order based upon aprevious agreementof the interested parties for an alternative arrangement pursuant to subsection(j)(1), the court shallissue an income withholding order, notwithstanding any previous agreement, ifthe 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 ofthe child; or
(E) the agreement or alternative arrangement places an unnecessary burdenupon the obligor, obligee or a public office.
(5) The procedures and requirements of K.S.A. 23-4,110 and amendments theretoapplyto any motion pursuant to paragraph (3) or (4) of this subsection (j).
(k) (1) An ex parte interlocutory order for support may be enforcedpursuant 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 tosubsection (c)only if 10 or more days have elapsed since the order for support was served onthe obligor.
(3) Any other interlocutory order for support may be enforced by incomewithholdingpursuant 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 orderto enforcean interlocutory order pursuant to this act.
(l) All new or modified orders for maintenance of a spouse or ex-spouse,except orders fora spouse or ex-spouse living with a child for whom an order of support is alsobeing enforced,entered on or after July 1, 1992, shall include a provision for the withholdingof income to enforcethe order of support. Unless the parties consent in writing to earlier issuanceof a withholdingorder, withholding shall take effect only after there is an arrearage in anamount equal to or greaterthan the amount of support payable for two months and after service of a noticeas provided insubsection (h).
23-4,107.Income withholding order; service ofnotice; order not issued,when; agreements or alternative arrangements; exparte interlocutoryorders; medical support orders.(a) Any new or modified order for support shall include a provision for thewithholding of income to enforce the order for support.
(b) Except as otherwise provided in subsection (j), (k) or (l), all new ormodified ordersfor support shall provide for immediate issuance of an income withholdingorder. The incomewithholding order shall be issued without further notice to the obligor andshall specify an amountsufficient to satisfy the order for support and to defray any arrearage. Theincome withholdingorder shall be issued regardless of whether a payor subject to the jurisdictionof this state can beidentified at the time the order for support is entered.
(c) Except as otherwise provided in this subsection or subsections (j) or(l), if no incomewithholding order is in effect to enforce the support order, an incomewithholding order shall beissued by the court upon request of the obligee or public office, provided thatthe obligor accruedan arrearage equal to or greater than the amount of support payable for onemonth and therequirements of subsections (d) and (h) have been met. The income withholdingorder shall beissued without further notice to the obligor and shall specify an amountsufficient to satisfy theorder for support and to defray any arrearage. The income withholding ordershall be issued regardless of whether a payor subject to the jurisdiction ofthis state can be identified at the timethe income withholding order is issued.
(d) Not less than seven days after the obligee or public office has served anotice pursuantto subsection (h), the obligee or public office may initiate income withholdingpursuant toparagraph (1) or (2).
(1) The obligee or public office may apply for an income withholding order byfiling withthe court an affidavit stating: (A) The date that the notice was served on theobligor and the mannerof service; (B) that the obligor has not filed a motion to stay issuance of theincome withholdingorder or, if a motion to stay has been filed, the reason an income withholdingorder must be issuedimmediately; (C) a specified amount to be withheld by the payor to satisfy theorder of support andto defray any arrearage; (D) whether the income withholding order is to includea medicalwithholding order; and (E) that the amount of the arrearage as of the date thenotice to the obligorwas prepared was equal to or greater than the amount of support payable for onemonth. In additionto any other penalty provided by law, the filing of such an affidavit withknowledge of the falsityof a material declaration is punishable as a contempt.
Upon the filing of the affidavit, the income withholding order shall be issuedwithoutfurther notice to the obligor, hearing or amendments of the support order.Payment of all or partof the arrearage before issuance of the income withholding order shall notprevent issuance of theincome withholding order, unless the arrearage is paid in full and the orderfor support does notinclude an amount for the current support of a person. No affidavit is requiredif the court, uponhearing a motion to stay issuance of the income withholding order or otherwise,issues an incomewithholding order.
(2) In a title IV-D case, the IV-D agency may issue an income withholdingorder asauthorized by K.S.A. 39-7,147, and amendments thereto. Any such incomewithholding order shallbe considered an income withholding order issued pursuant to this act.
(e) (1) An income withholding order shall be directed to any payor of theobligor.Notwithstanding any other requirement of this act as to form or content, anyincome withholdingorder prepared in a standard format prescribed by the secretary of social andrehabilitation servicesshall be deemed to be in compliance with this act.
(2) An income withholding order which does not include a medical withholdingorder shallrequire the payor to withhold from any income due, or to become due, to theobligor a specifiedamount sufficient to satisfy the order of support and to defray any arrearageand shall includenotice of and direction to comply with the provisions of K.S.A. 23-4,108 and23-4,109, andamendments thereto.
(3) An income withholding order which consists only of a medical withholdingorder shallinclude notice of the medical child support order and shall conform to therequirements of K.S.A.23-4,121 and amendments thereto. The medical withholding order shall includenotice of anddirection to comply with the requirements of K.S.A. 23-4,108, 23-4,109,23-4,119 and 23-4,122and amendments thereto.
(4) An income withholding order which includes both a medical withholdingorder andan income withholding order for cash support shall meet the requirements ofparagraphs (2) and(3).
(f) (1) Upon written request and without the requirement of further noticeto the obligor,the clerk of the district court shall cause a copy of the income withholdingorder to be served onthe payor only by personal service or registered mail, return receiptrequested.
(2) Without the requirement of further notice to the obligor, the IV-D agencymay causea copy of any income withholding order to be served on the payor only bypersonal service orregistered mail, return receipt requested or by any alternate method acceptableto the payor. Nopayor shall be liable to any person solely because of the method of serviceaccepted by the payor.
(3) As used in this section, "copy of the income withholding order" means anydocumentor notice, regardless of format, that advises the payor of the same generalduties, requires the sameamount to be withheld from income and requires medical withholding to the sameextent as theoriginal income withholding order.
(g) An income withholding order shall be binding on any existing or futurepayor on whoma copy of the order is served and shall require the continued withholding ofincome from eachperiodic payment of income until further order of the court or agency thatissued the incomewithholding order. At any time following issuance of an income withholdingorder, a copy of theincome withholding order may be served on any payor without the requirement offurther notice to the obligor.
(h) Except as provided in subsection (k) or (l), at any time following entryof an order forsupport the obligee or public office may serve upon the obligor a writtennotice of intent to initiateincome withholding. If any notice in the court record indicates that title IV-Dservices are beingprovided in the case, whether or not the IV-D services include enforcement ofcurrent support, theperson or public office requesting issuance of the income withholding ordershall obtain theconsent of the IV-D agency to the terms of the proposed income withholdingorder.
The notice of intent to initiate income withholding shall be served on theobligor only bypersonal service or registered mail, return receipt requested. The noticeserved on the obligor muststate: (1) The terms of the order of support and the total arrearage as of thedate the notice wasprepared; (2) the amount of income that will be withheld, not includingpremiums to satisfy amedical withholding order; (3) whether a medical withholding order will beincluded; (4) that theprovision for withholding applies to any current or subsequent payor; (5) theprocedures availablefor contesting the withholding and that the only basis for contesting thewithholding is a mistakeof fact concerning the amount of the support order, the amount of thearrearage, the amount ofincome to be withheld or the proper identity of the obligor; (6) the periodwithin which the obligormust act to stay issuance of the income withholding order and that failure totake such actionwithin the specified time will result in payors' being ordered to beginwithholding; and (7) theaction which will be taken if the obligor contests the withholding.
The obligor may, at any time, waive in writing the notice required by thissubsection.
(i) On request of an obligor, the court shall issue an income withholdingorder which shallbe honored by a payor regardless of whether there is an arrearage. Nothing inthis subsection shalllimit the right of the obligee to request modification of the incomewithholding order.
(j) (1) In a nontitle IV-D case, upon presentation to the court of awritten agreementbetween the parties providing for an alternative arrangement, no incomewithholding order shallbe issued pursuant to subsection (b). In any case, before entry of a new ormodified order forsupport, a party may request that no income withholding order be issuedpursuant to subsection(b) if notice of the request has been served on all interested parties and: (A)The partydemonstrates, and the court finds, that there is good cause not to requireimmediate income withholding, or (B) a written agreement among all interestedparties provides for an alternativearrangement. If child support and maintenance payments are both made to anobligee by the sameobligor, and if the court has determined that good cause has been shown thatdirect child supportpayments to the obligee may be made, then the court shall provide for directmaintenance paymentsto the obligee and no income withholding order shall be issued pursuant tosubsection (b). In a titleIV-D case, the determination that there is good cause not to require immediateincome withholdingmust include a finding that immediate income withholding would not be in thechild's best interestsand, if an obligor's existing obligation is being modified, proof of timelypayment of previouslyordered support.
(2) Notwithstanding the provisions of subsection (j)(1), the court shallissue an incomewithholding order when an affidavit pursuant to subsection (d) is filed if anarrearage exists in anamount 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-Dcase, there is noarrearage or the arrearage is less than the amount of support payable for onemonth, and the obligorfiles a motion to stay issuance of the income withholding order based upon thecourt's previousfinding of good cause not to require immediate income withholding pursuant tosubsection (j)(1),the obligor must demonstrate the continued existence of good cause. Unless thecourt again findsthat good cause not to require immediate income withholding exists, the courtshall issue theincome withholding order.
(4) If a notice pursuant to subsection (h) has been served in a title IV-Dcase, there is noarrearage or the arrearage is less than the amount of support payable for onemonth, and the obligorfiles a motion to stay issuance of an income withholding order based upon aprevious agreementof the interested parties for an alternative arrangement pursuant to subsection(j)(1), the court shallissue an income withholding order, notwithstanding any previous agreement, ifthe 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 ofthe child; or
(E) the agreement or alternative arrangement places an unnecessary burdenupon the obligor, obligee or a public office.
(5) The procedures and requirements of K.S.A. 23-4,110 and amendments theretoapplyto any motion pursuant to paragraph (3) or (4) of this subsection (j).
(k) (1) An ex parte interlocutory order for support may be enforcedpursuant 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 tosubsection (c)only if 10 or more days have elapsed since the order for support was served onthe obligor.
(3) Any other interlocutory order for support may be enforced by incomewithholdingpursuant 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 orderto enforcean interlocutory order pursuant to this act.
(l) All new or modified orders for maintenance of a spouse or ex-spouse,except orders fora spouse or ex-spouse living with a child for whom an order of support is alsobeing enforced,entered on or after July 1, 1992, shall include a provision for the withholdingof income to enforcethe order of support. Unless the parties consent in writing to earlier issuanceof a withholdingorder, withholding shall take effect only after there is an arrearage in anamount equal to or greaterthan the amount of support payable for two months and after service of a noticeas provided insubsection (h).
