23-4,110.Contest and stay of withholding order; when; grounds;hearing; disposition; immediate issuance of order; continuance; additionalcircumstances warranting issuance of order.This section shall not apply if the notice of intent to initiate incomewithholding was issued by the IV-D agency pursuant to K.S.A.39-7,147 and amendmentsthereto.
(a) A motion tostay issuance of the income withholding order must be filed with the courtand a copy served on the obligee or public office within seven days afterservice on the obligor of a notice pursuant to subsection (h) of K.S.A.23-4,107 and amendments thereto. Except as provided in subsection (j) ofK.S.A. 23-4,107 and amendments thereto, the grounds for obtaining thestay shall be limited to a mistake of fact in the notice concerning the amountof the order for support, theamount of the arrearage, the amount of income to be withheld or the properidentity of the obligor. The motion shall specify themistake of fact alleged to be the basis for the motion. If the amount ofthe order for support or the amount of the arrearage is challenged, the motionshall specify the amount of the order for support orthe arrearage which is uncontested. In addition to any other penaltyprovided by law, filing a motion to stay with knowledge of the falsity ofany material declaration or without specifying the uncontested amount ofthe order for support or the arrearage, when required, is punishable as acontempt.
(b) The court, upon notice of the date, time and place ofhearing to the obligor and the obligee or public office, shall hear the matterwithin 14 days after themotion to stay issuance of the income withholding order is filed withthe court.
(c) (1) If a motion to stay has been filed and the identity of theobligor is not contested, the obligee, obligor or public office may applyfor immediate issuance of an income withholding order pursuant tosubsection (d) of K.S.A. 23-4,107 and amendments thereto pending resolutionof the contested issues. The affidavit shall specify an amount sufficientto satisfy the order for support or the arrearage only to the extent thatthe amount of the order for support or the arrearage is not contested. Acopy of the affidavit shall be served on the obligor.
(2) Whenever an affidavit has been filed as provided in thissubsection, the court shall immediately issue the income withholding order.
(d) If the court cannot promptly resolve all issues, the court maycontinue the hearing on the unresolved issues, provided that within 45 daysof the date the notice was served on the obligor the court notifies theobligor and the obligee or public office of whether or not the withholdingis to occur. If the court upholds the issuance of an incomewithholding orderin a contested case, the court must include in its order notice of the timewithin which the withholding will begin and the information given to thepayor as required in K.S.A. 23-4,108 and 23-4,109, andamendments thereto.
(e) In addition to any other circumstances warranting issuance of anincome withholding order, if the court finds that a notice of intent toinitiate income withholding was served onthe obligor and thatthere was an arrearage, as of the date the notice was prepared, in an amountequal to or greater than the amount of support payable for one month, the courtshall issue an income withholding order.The provisions ofthis subsection shall only apply to an order for support of a spouse orex-spouse if the spouse or ex-spouse is living with a child for whom an orderof support is also being enforced.
23-4,110.Contest and stay of withholding order; when; grounds;hearing; disposition; immediate issuance of order; continuance; additionalcircumstances warranting issuance of order.This section shall not apply if the notice of intent to initiate incomewithholding was issued by the IV-D agency pursuant to K.S.A.39-7,147 and amendmentsthereto.
(a) A motion tostay issuance of the income withholding order must be filed with the courtand a copy served on the obligee or public office within seven days afterservice on the obligor of a notice pursuant to subsection (h) of K.S.A.23-4,107 and amendments thereto. Except as provided in subsection (j) ofK.S.A. 23-4,107 and amendments thereto, the grounds for obtaining thestay shall be limited to a mistake of fact in the notice concerning the amountof the order for support, theamount of the arrearage, the amount of income to be withheld or the properidentity of the obligor. The motion shall specify themistake of fact alleged to be the basis for the motion. If the amount ofthe order for support or the amount of the arrearage is challenged, the motionshall specify the amount of the order for support orthe arrearage which is uncontested. In addition to any other penaltyprovided by law, filing a motion to stay with knowledge of the falsity ofany material declaration or without specifying the uncontested amount ofthe order for support or the arrearage, when required, is punishable as acontempt.
(b) The court, upon notice of the date, time and place ofhearing to the obligor and the obligee or public office, shall hear the matterwithin 14 days after themotion to stay issuance of the income withholding order is filed withthe court.
(c) (1) If a motion to stay has been filed and the identity of theobligor is not contested, the obligee, obligor or public office may applyfor immediate issuance of an income withholding order pursuant tosubsection (d) of K.S.A. 23-4,107 and amendments thereto pending resolutionof the contested issues. The affidavit shall specify an amount sufficientto satisfy the order for support or the arrearage only to the extent thatthe amount of the order for support or the arrearage is not contested. Acopy of the affidavit shall be served on the obligor.
(2) Whenever an affidavit has been filed as provided in thissubsection, the court shall immediately issue the income withholding order.
(d) If the court cannot promptly resolve all issues, the court maycontinue the hearing on the unresolved issues, provided that within 45 daysof the date the notice was served on the obligor the court notifies theobligor and the obligee or public office of whether or not the withholdingis to occur. If the court upholds the issuance of an incomewithholding orderin a contested case, the court must include in its order notice of the timewithin which the withholding will begin and the information given to thepayor as required in K.S.A. 23-4,108 and 23-4,109, andamendments thereto.
(e) In addition to any other circumstances warranting issuance of anincome withholding order, if the court finds that a notice of intent toinitiate income withholding was served onthe obligor and thatthere was an arrearage, as of the date the notice was prepared, in an amountequal to or greater than the amount of support payable for one month, the courtshall issue an income withholding order.The provisions ofthis subsection shall only apply to an order for support of a spouse orex-spouse if the spouse or ex-spouse is living with a child for whom an orderof support is also being enforced.
23-4,110.Contest and stay of withholding order; when; grounds;hearing; disposition; immediate issuance of order; continuance; additionalcircumstances warranting issuance of order.This section shall not apply if the notice of intent to initiate incomewithholding was issued by the IV-D agency pursuant to K.S.A.39-7,147 and amendmentsthereto.
(a) A motion tostay issuance of the income withholding order must be filed with the courtand a copy served on the obligee or public office within seven days afterservice on the obligor of a notice pursuant to subsection (h) of K.S.A.23-4,107 and amendments thereto. Except as provided in subsection (j) ofK.S.A. 23-4,107 and amendments thereto, the grounds for obtaining thestay shall be limited to a mistake of fact in the notice concerning the amountof the order for support, theamount of the arrearage, the amount of income to be withheld or the properidentity of the obligor. The motion shall specify themistake of fact alleged to be the basis for the motion. If the amount ofthe order for support or the amount of the arrearage is challenged, the motionshall specify the amount of the order for support orthe arrearage which is uncontested. In addition to any other penaltyprovided by law, filing a motion to stay with knowledge of the falsity ofany material declaration or without specifying the uncontested amount ofthe order for support or the arrearage, when required, is punishable as acontempt.
(b) The court, upon notice of the date, time and place ofhearing to the obligor and the obligee or public office, shall hear the matterwithin 14 days after themotion to stay issuance of the income withholding order is filed withthe court.
(c) (1) If a motion to stay has been filed and the identity of theobligor is not contested, the obligee, obligor or public office may applyfor immediate issuance of an income withholding order pursuant tosubsection (d) of K.S.A. 23-4,107 and amendments thereto pending resolutionof the contested issues. The affidavit shall specify an amount sufficientto satisfy the order for support or the arrearage only to the extent thatthe amount of the order for support or the arrearage is not contested. Acopy of the affidavit shall be served on the obligor.
(2) Whenever an affidavit has been filed as provided in thissubsection, the court shall immediately issue the income withholding order.
(d) If the court cannot promptly resolve all issues, the court maycontinue the hearing on the unresolved issues, provided that within 45 daysof the date the notice was served on the obligor the court notifies theobligor and the obligee or public office of whether or not the withholdingis to occur. If the court upholds the issuance of an incomewithholding orderin a contested case, the court must include in its order notice of the timewithin which the withholding will begin and the information given to thepayor as required in K.S.A. 23-4,108 and 23-4,109, andamendments thereto.
(e) In addition to any other circumstances warranting issuance of anincome withholding order, if the court finds that a notice of intent toinitiate income withholding was served onthe obligor and thatthere was an arrearage, as of the date the notice was prepared, in an amountequal to or greater than the amount of support payable for one month, the courtshall issue an income withholding order.The provisions ofthis subsection shall only apply to an order for support of a spouse orex-spouse if the spouse or ex-spouse is living with a child for whom an orderof support is also being enforced.
