Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2279.Withholding order for child support;filing; service.(a) Aperson entitled to receive child support under an order issued pursuant to thecodemay file with the clerk of the district court in thecounty in which the judgmentwas rendered the original child support order and the original incomewithholding order, if any. Ifthe original child support or income withholding order is unavailable for anyreason, a certified orauthenticated copy of the order may be substituted. The clerk of the districtcourt shall number thechild support order as a case filed under chapter 60 of the Kansas StatutesAnnotated, and amendments thereto, and enter thenumbering of the case on the appearance docket of the case. Registration of achild support orderunder this section shall be without cost or docket fee.
(b) If the number assigned to a case under the codeappears in the caption of a document filed pursuant to this section, the clerkof the district court mayobliterate that number and replace it with the new case number assignedpursuant to this section.
(c) The filing of the child support order shall constitute registration underthis section. Uponregistration of the child support order, all matters related to that order,including, but not limited to,modification of the order, shall proceed under the new case number.Registration of a child supportorder under this section does not confer jurisdiction in the registration casefor custody or visitationissues.
(d) The person registering a child support order shall serve a copy of theregistered childsupport order and income withholding order, if any, upon the party orinterested parties by first-classmail. The person registering the child support order shall file, in theofficial file for eachchild affected, either a copy of the registered order showing the new casenumber or a statement thatincludes the caption, new case number and date of registration of the childsupport order.
(e) If the secretary is entitled to receive payment under an order which maybe registered under this section, the county or district attorney shall takethe actions permitted or required insubsections (a) and (d) on behalf of the secretary, unless otherwise requestedby the secretary.
(f) A child support order registered pursuant to this section shall have thesame force andeffect as an original child support order entered under chapter 60 of theKansas Statutes Annotated, and amendments thereto,including, but not limited to:
(1) The registered order shall become a lien on the real estate of thejudgment debtor in thecounty from the date of registration;
(2) execution or other action to enforce the registered order may be had fromthe date ofregistration;
(3) the registered order may itself be registered pursuant to any law,including, but not limitedto, the uniform interstate family support act, K.S.A. 23-9,101 et seq.,and amendmentsthereto;
(4) if any installment of support due under the registered order becomes adormant judgment,it may be revived pursuant to K.S.A. 60-2404, and amendments thereto; and
(5) the court shall have continuing jurisdiction over the child supportaction and the partiesthereto and subject matter and, except as otherwise provided in subsection (g),may modify any priorsupport order when a material change in circumstances is shown irrespective ofthe present domicileof the child or parents. The court may make a modification of child supportretroactive to a date atleast one month after the date that the motion to modify was filed with thecourt.
(g) If a motion to modify the child support order is filed within threemonths after the dateof registration pursuant to this section, if no motion to modify the order haspreviously been heardand if the moving party shows that the support order was based upon one or moreof thepresumptions provided inK.S.A. 2009 Supp.38-2277, and amendments thereto, orupon astipulation pursuant to subsection (c) ofK.S.A. 2009 Supp.38-2277, andamendments thereto,the court shall apply the Kansas child supportguidelines adopted pursuant to K.S.A. 20-165, and amendments thereto, withoutrequiring a showingthat a material change of circumstances has occurred, without regard to anyprevious presumptionor stipulation used to determine the amount of the child support order andirrespective of the presentdomicile of the child or parents. Nothing in this subsection shall prevent orlimit enforcement of thesupport order during the three months after the date of registration.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2279.Withholding order for child support;filing; service.(a) Aperson entitled to receive child support under an order issued pursuant to thecodemay file with the clerk of the district court in thecounty in which the judgmentwas rendered the original child support order and the original incomewithholding order, if any. Ifthe original child support or income withholding order is unavailable for anyreason, a certified orauthenticated copy of the order may be substituted. The clerk of the districtcourt shall number thechild support order as a case filed under chapter 60 of the Kansas StatutesAnnotated, and amendments thereto, and enter thenumbering of the case on the appearance docket of the case. Registration of achild support orderunder this section shall be without cost or docket fee.
(b) If the number assigned to a case under the codeappears in the caption of a document filed pursuant to this section, the clerkof the district court mayobliterate that number and replace it with the new case number assignedpursuant to this section.
(c) The filing of the child support order shall constitute registration underthis section. Uponregistration of the child support order, all matters related to that order,including, but not limited to,modification of the order, shall proceed under the new case number.Registration of a child supportorder under this section does not confer jurisdiction in the registration casefor custody or visitationissues.
(d) The person registering a child support order shall serve a copy of theregistered childsupport order and income withholding order, if any, upon the party orinterested parties by first-classmail. The person registering the child support order shall file, in theofficial file for eachchild affected, either a copy of the registered order showing the new casenumber or a statement thatincludes the caption, new case number and date of registration of the childsupport order.
(e) If the secretary is entitled to receive payment under an order which maybe registered under this section, the county or district attorney shall takethe actions permitted or required insubsections (a) and (d) on behalf of the secretary, unless otherwise requestedby the secretary.
(f) A child support order registered pursuant to this section shall have thesame force andeffect as an original child support order entered under chapter 60 of theKansas Statutes Annotated, and amendments thereto,including, but not limited to:
(1) The registered order shall become a lien on the real estate of thejudgment debtor in thecounty from the date of registration;
(2) execution or other action to enforce the registered order may be had fromthe date ofregistration;
(3) the registered order may itself be registered pursuant to any law,including, but not limitedto, the uniform interstate family support act, K.S.A. 23-9,101 et seq.,and amendmentsthereto;
(4) if any installment of support due under the registered order becomes adormant judgment,it may be revived pursuant to K.S.A. 60-2404, and amendments thereto; and
(5) the court shall have continuing jurisdiction over the child supportaction and the partiesthereto and subject matter and, except as otherwise provided in subsection (g),may modify any priorsupport order when a material change in circumstances is shown irrespective ofthe present domicileof the child or parents. The court may make a modification of child supportretroactive to a date atleast one month after the date that the motion to modify was filed with thecourt.
(g) If a motion to modify the child support order is filed within threemonths after the dateof registration pursuant to this section, if no motion to modify the order haspreviously been heardand if the moving party shows that the support order was based upon one or moreof thepresumptions provided inK.S.A. 2009 Supp.38-2277, and amendments thereto, orupon astipulation pursuant to subsection (c) ofK.S.A. 2009 Supp.38-2277, andamendments thereto,the court shall apply the Kansas child supportguidelines adopted pursuant to K.S.A. 20-165, and amendments thereto, withoutrequiring a showingthat a material change of circumstances has occurred, without regard to anyprevious presumptionor stipulation used to determine the amount of the child support order andirrespective of the presentdomicile of the child or parents. Nothing in this subsection shall prevent orlimit enforcement of thesupport order during the three months after the date of registration.
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN
38-2279.Withholding order for child support;filing; service.(a) Aperson entitled to receive child support under an order issued pursuant to thecodemay file with the clerk of the district court in thecounty in which the judgmentwas rendered the original child support order and the original incomewithholding order, if any. Ifthe original child support or income withholding order is unavailable for anyreason, a certified orauthenticated copy of the order may be substituted. The clerk of the districtcourt shall number thechild support order as a case filed under chapter 60 of the Kansas StatutesAnnotated, and amendments thereto, and enter thenumbering of the case on the appearance docket of the case. Registration of achild support orderunder this section shall be without cost or docket fee.
(b) If the number assigned to a case under the codeappears in the caption of a document filed pursuant to this section, the clerkof the district court mayobliterate that number and replace it with the new case number assignedpursuant to this section.
(c) The filing of the child support order shall constitute registration underthis section. Uponregistration of the child support order, all matters related to that order,including, but not limited to,modification of the order, shall proceed under the new case number.Registration of a child supportorder under this section does not confer jurisdiction in the registration casefor custody or visitationissues.
(d) The person registering a child support order shall serve a copy of theregistered childsupport order and income withholding order, if any, upon the party orinterested parties by first-classmail. The person registering the child support order shall file, in theofficial file for eachchild affected, either a copy of the registered order showing the new casenumber or a statement thatincludes the caption, new case number and date of registration of the childsupport order.
(e) If the secretary is entitled to receive payment under an order which maybe registered under this section, the county or district attorney shall takethe actions permitted or required insubsections (a) and (d) on behalf of the secretary, unless otherwise requestedby the secretary.
(f) A child support order registered pursuant to this section shall have thesame force andeffect as an original child support order entered under chapter 60 of theKansas Statutes Annotated, and amendments thereto,including, but not limited to:
(1) The registered order shall become a lien on the real estate of thejudgment debtor in thecounty from the date of registration;
(2) execution or other action to enforce the registered order may be had fromthe date ofregistration;
(3) the registered order may itself be registered pursuant to any law,including, but not limitedto, the uniform interstate family support act, K.S.A. 23-9,101 et seq.,and amendmentsthereto;
(4) if any installment of support due under the registered order becomes adormant judgment,it may be revived pursuant to K.S.A. 60-2404, and amendments thereto; and
(5) the court shall have continuing jurisdiction over the child supportaction and the partiesthereto and subject matter and, except as otherwise provided in subsection (g),may modify any priorsupport order when a material change in circumstances is shown irrespective ofthe present domicileof the child or parents. The court may make a modification of child supportretroactive to a date atleast one month after the date that the motion to modify was filed with thecourt.
(g) If a motion to modify the child support order is filed within threemonths after the dateof registration pursuant to this section, if no motion to modify the order haspreviously been heardand if the moving party shows that the support order was based upon one or moreof thepresumptions provided inK.S.A. 2009 Supp.38-2277, and amendments thereto, orupon astipulation pursuant to subsection (c) ofK.S.A. 2009 Supp.38-2277, andamendments thereto,the court shall apply the Kansas child supportguidelines adopted pursuant to K.S.A. 20-165, and amendments thereto, withoutrequiring a showingthat a material change of circumstances has occurred, without regard to anyprevious presumptionor stipulation used to determine the amount of the child support order andirrespective of the presentdomicile of the child or parents. Nothing in this subsection shall prevent orlimit enforcement of thesupport order during the three months after the date of registration.
