23-4,129.Same; out-of-state support order; documentationrequired; filing constitutes entry of support order; attorney-clientrelationship not created; documentation by obligee not receiving agencyservices.(a) Upon receiving a support order of another jurisdiction with thedocumentation specified in subsection (b) from an agency of anotherjurisdiction operating pursuant to title IV, part D, of the federal socialsecurity act (42 U.S.C. § 651 et seq.), as amended, theagency shall proceed under K.S.A. 39-7,147 and amendmentsthereto or file the documents with the clerk of the court in whichwithholding is being sought. Upon receipt of the documents the clerk ofcourt, without payment of a filing fee or other costs, shall file them in aregistry of foreign support orders. Such filing shall constitute entry ofthe support order under K.S.A. 23-4,125 through 23-4,137 andamendments thereto. Nothing in this subsection shall be construed tocreate an attorney-clientrelationship between an attorney representing the department of social andrehabilitation services and any party other than the department of social andrehabilitation services.
(b) The following documentation is required for the entry of a supportorder of another jurisdiction under the interstate income withholding act:
(1) A certified copy of the support order with all modifications;
(2) a certified statement of child support owed and paid, includingdates of payment and to whom paid;
(3) a certified copy of an income withholding notice or order, if any, stillin effect;
(4) a copy of the portion of the income withholding statute of thejurisdiction which issued the support order which states the requirementsfor obtaining income withholding under the law of that jurisdiction;
(5) a sworn statement of the obligee or agency of the arrearages and theassignment of support rights, if any; and
(6) a statement of:
(A) The name, address and social security number of the obligor, if known;
(B) the name and address of the obligor's employer or of any othersource of income of the obligor derived in this state against which incomewithholding is sought; and
(C) the name and address of the agency or person to whom supportpayments collected by income withholding shall be transmitted.
(c) If the documentation received under subsection (a) does not conformto the requirements of subsection (b), the agency shall remedy any defectwhich it can without the assistance of the requesting agency. If the agencyis unable to make such corrections, the requesting agency shall immediatelybe notified of the necessary additions or corrections. In neither caseshall the documentation be returned. The agency and court shall accept thedocumentation required by subsections (a) and (b) even if it is not in theusual form required by state or local rules, so long as the substantiverequirements of these subsections are met.
(d) An obligee not receiving services from any agency operating pursuantto title IV, part D, of the federal social security act (42 U.S.C. §651 et seq.), as amended, may file the documents specified insubsection (b) with the clerk of the court in which withholding is beingsought. If the documents are filed by an attorney, they shall be filed byan attorney licensed to practice law in the state of Kansas or authorizedin accordance with supreme court rule 116.
(e) A support order entered under subsection (a) or (d) shall beenforceable by income withholding against income derived in this state inthe manner and with the effect as set forth in the income withholding actand the interstate income withholding act and amendments thereto. Entry ofthe order shall not confer jurisdiction on the courts of this state for anypurpose other than income withholding.
History: L. 1985, ch. 115, § 19;L. 1994, ch. 301, § 27;L. 1997, ch. 182, § 29; July 3.
23-4,129.Same; out-of-state support order; documentationrequired; filing constitutes entry of support order; attorney-clientrelationship not created; documentation by obligee not receiving agencyservices.(a) Upon receiving a support order of another jurisdiction with thedocumentation specified in subsection (b) from an agency of anotherjurisdiction operating pursuant to title IV, part D, of the federal socialsecurity act (42 U.S.C. § 651 et seq.), as amended, theagency shall proceed under K.S.A. 39-7,147 and amendmentsthereto or file the documents with the clerk of the court in whichwithholding is being sought. Upon receipt of the documents the clerk ofcourt, without payment of a filing fee or other costs, shall file them in aregistry of foreign support orders. Such filing shall constitute entry ofthe support order under K.S.A. 23-4,125 through 23-4,137 andamendments thereto. Nothing in this subsection shall be construed tocreate an attorney-clientrelationship between an attorney representing the department of social andrehabilitation services and any party other than the department of social andrehabilitation services.
(b) The following documentation is required for the entry of a supportorder of another jurisdiction under the interstate income withholding act:
(1) A certified copy of the support order with all modifications;
(2) a certified statement of child support owed and paid, includingdates of payment and to whom paid;
(3) a certified copy of an income withholding notice or order, if any, stillin effect;
(4) a copy of the portion of the income withholding statute of thejurisdiction which issued the support order which states the requirementsfor obtaining income withholding under the law of that jurisdiction;
(5) a sworn statement of the obligee or agency of the arrearages and theassignment of support rights, if any; and
(6) a statement of:
(A) The name, address and social security number of the obligor, if known;
(B) the name and address of the obligor's employer or of any othersource of income of the obligor derived in this state against which incomewithholding is sought; and
(C) the name and address of the agency or person to whom supportpayments collected by income withholding shall be transmitted.
(c) If the documentation received under subsection (a) does not conformto the requirements of subsection (b), the agency shall remedy any defectwhich it can without the assistance of the requesting agency. If the agencyis unable to make such corrections, the requesting agency shall immediatelybe notified of the necessary additions or corrections. In neither caseshall the documentation be returned. The agency and court shall accept thedocumentation required by subsections (a) and (b) even if it is not in theusual form required by state or local rules, so long as the substantiverequirements of these subsections are met.
(d) An obligee not receiving services from any agency operating pursuantto title IV, part D, of the federal social security act (42 U.S.C. §651 et seq.), as amended, may file the documents specified insubsection (b) with the clerk of the court in which withholding is beingsought. If the documents are filed by an attorney, they shall be filed byan attorney licensed to practice law in the state of Kansas or authorizedin accordance with supreme court rule 116.
(e) A support order entered under subsection (a) or (d) shall beenforceable by income withholding against income derived in this state inthe manner and with the effect as set forth in the income withholding actand the interstate income withholding act and amendments thereto. Entry ofthe order shall not confer jurisdiction on the courts of this state for anypurpose other than income withholding.
History: L. 1985, ch. 115, § 19;L. 1994, ch. 301, § 27;L. 1997, ch. 182, § 29; July 3.
23-4,129.Same; out-of-state support order; documentationrequired; filing constitutes entry of support order; attorney-clientrelationship not created; documentation by obligee not receiving agencyservices.(a) Upon receiving a support order of another jurisdiction with thedocumentation specified in subsection (b) from an agency of anotherjurisdiction operating pursuant to title IV, part D, of the federal socialsecurity act (42 U.S.C. § 651 et seq.), as amended, theagency shall proceed under K.S.A. 39-7,147 and amendmentsthereto or file the documents with the clerk of the court in whichwithholding is being sought. Upon receipt of the documents the clerk ofcourt, without payment of a filing fee or other costs, shall file them in aregistry of foreign support orders. Such filing shall constitute entry ofthe support order under K.S.A. 23-4,125 through 23-4,137 andamendments thereto. Nothing in this subsection shall be construed tocreate an attorney-clientrelationship between an attorney representing the department of social andrehabilitation services and any party other than the department of social andrehabilitation services.
(b) The following documentation is required for the entry of a supportorder of another jurisdiction under the interstate income withholding act:
(1) A certified copy of the support order with all modifications;
(2) a certified statement of child support owed and paid, includingdates of payment and to whom paid;
(3) a certified copy of an income withholding notice or order, if any, stillin effect;
(4) a copy of the portion of the income withholding statute of thejurisdiction which issued the support order which states the requirementsfor obtaining income withholding under the law of that jurisdiction;
(5) a sworn statement of the obligee or agency of the arrearages and theassignment of support rights, if any; and
(6) a statement of:
(A) The name, address and social security number of the obligor, if known;
(B) the name and address of the obligor's employer or of any othersource of income of the obligor derived in this state against which incomewithholding is sought; and
(C) the name and address of the agency or person to whom supportpayments collected by income withholding shall be transmitted.
(c) If the documentation received under subsection (a) does not conformto the requirements of subsection (b), the agency shall remedy any defectwhich it can without the assistance of the requesting agency. If the agencyis unable to make such corrections, the requesting agency shall immediatelybe notified of the necessary additions or corrections. In neither caseshall the documentation be returned. The agency and court shall accept thedocumentation required by subsections (a) and (b) even if it is not in theusual form required by state or local rules, so long as the substantiverequirements of these subsections are met.
(d) An obligee not receiving services from any agency operating pursuantto title IV, part D, of the federal social security act (42 U.S.C. §651 et seq.), as amended, may file the documents specified insubsection (b) with the clerk of the court in which withholding is beingsought. If the documents are filed by an attorney, they shall be filed byan attorney licensed to practice law in the state of Kansas or authorizedin accordance with supreme court rule 116.
(e) A support order entered under subsection (a) or (d) shall beenforceable by income withholding against income derived in this state inthe manner and with the effect as set forth in the income withholding actand the interstate income withholding act and amendments thereto. Entry ofthe order shall not confer jurisdiction on the courts of this state for anypurpose other than income withholding.
History: L. 1985, ch. 115, § 19;L. 1994, ch. 301, § 27;L. 1997, ch. 182, § 29; July 3.
