State Codes and Statutes

Statutes > Kansas > Chapter39 > Article7 > Statutes_16532

39-718b

Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE

      39-718b.   Liability of parent or guardian for assistance provided child, exceptions.(a) Except as provided in subsection (b), a child's parent,parents or guardian shall be liable to repay to the secretary of socialand rehabilitation services any assistance expended on the child's behalf,regardless of the specific program under which the assistance is or hasbeen provided. When more than one person is legally obligated to supportthe child, liability to the secretary shall be joint and several. The secretaryshall have the power and authority to file a civil action in the name ofthe secretary for repayment of the assistance, regardless of the existenceof any other action involving the support of the child.

      (b)   With respect to an individual parent or guardian, the provisions ofsubsection (a) shall not apply to:

      (1)   Assistance provided on behalf of any person other than the child ofthe parent or guardian;

      (2)   assistance provided during a month in which the needs of the parentor guardian were included in the assistance provided to the child; or

      (3)   assistance provided during a month in which the parent or guardianhas fully complied with the terms of an order of support for the child,ifa court of competent jurisdictionhas considered the issue of support. For the purposes of this subsection, ifan order is silent on the issue of support, it shall not be presumed thatthe court has considered the issue of support.Amounts paid for a particular month pursuant to a judgment under this actshall be credited against the amount accruing for the same month under anyother order of support for the child, up to the amount of the current supportobligation for that month.

      (c)   When the assistance provided during a month is on behalf of more thanone person, the amount of assistance provided on behalf of one person forthat month shall be determined by dividing the total assistance by the numberof people on whose behalf assistance was provided.

      (d)   Except as provided in subsection (b), a child's parent, parents orguardian shall be liable to repay to an agency or subdivision of anotherstate any assistance substantially similar to that defined in subsection(d) of K.S.A. 39-702 and amendments thereto which has been expended in theother state on the child's behalf, regardless of the specific program underwhich the assistance is or has been provided. When more than one personis legally obligated to support the child, liability to the agency or subdivisionshall be joint and several.

      (e)   Actions authorized herein are in addition to and not in substitutionfor any other remedies.

      History:   L. 1988, ch. 218, § 5; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter39 > Article7 > Statutes_16532

39-718b

Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE

      39-718b.   Liability of parent or guardian for assistance provided child, exceptions.(a) Except as provided in subsection (b), a child's parent,parents or guardian shall be liable to repay to the secretary of socialand rehabilitation services any assistance expended on the child's behalf,regardless of the specific program under which the assistance is or hasbeen provided. When more than one person is legally obligated to supportthe child, liability to the secretary shall be joint and several. The secretaryshall have the power and authority to file a civil action in the name ofthe secretary for repayment of the assistance, regardless of the existenceof any other action involving the support of the child.

      (b)   With respect to an individual parent or guardian, the provisions ofsubsection (a) shall not apply to:

      (1)   Assistance provided on behalf of any person other than the child ofthe parent or guardian;

      (2)   assistance provided during a month in which the needs of the parentor guardian were included in the assistance provided to the child; or

      (3)   assistance provided during a month in which the parent or guardianhas fully complied with the terms of an order of support for the child,ifa court of competent jurisdictionhas considered the issue of support. For the purposes of this subsection, ifan order is silent on the issue of support, it shall not be presumed thatthe court has considered the issue of support.Amounts paid for a particular month pursuant to a judgment under this actshall be credited against the amount accruing for the same month under anyother order of support for the child, up to the amount of the current supportobligation for that month.

      (c)   When the assistance provided during a month is on behalf of more thanone person, the amount of assistance provided on behalf of one person forthat month shall be determined by dividing the total assistance by the numberof people on whose behalf assistance was provided.

      (d)   Except as provided in subsection (b), a child's parent, parents orguardian shall be liable to repay to an agency or subdivision of anotherstate any assistance substantially similar to that defined in subsection(d) of K.S.A. 39-702 and amendments thereto which has been expended in theother state on the child's behalf, regardless of the specific program underwhich the assistance is or has been provided. When more than one personis legally obligated to support the child, liability to the agency or subdivisionshall be joint and several.

      (e)   Actions authorized herein are in addition to and not in substitutionfor any other remedies.

      History:   L. 1988, ch. 218, § 5; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter39 > Article7 > Statutes_16532

39-718b

Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE

      39-718b.   Liability of parent or guardian for assistance provided child, exceptions.(a) Except as provided in subsection (b), a child's parent,parents or guardian shall be liable to repay to the secretary of socialand rehabilitation services any assistance expended on the child's behalf,regardless of the specific program under which the assistance is or hasbeen provided. When more than one person is legally obligated to supportthe child, liability to the secretary shall be joint and several. The secretaryshall have the power and authority to file a civil action in the name ofthe secretary for repayment of the assistance, regardless of the existenceof any other action involving the support of the child.

      (b)   With respect to an individual parent or guardian, the provisions ofsubsection (a) shall not apply to:

      (1)   Assistance provided on behalf of any person other than the child ofthe parent or guardian;

      (2)   assistance provided during a month in which the needs of the parentor guardian were included in the assistance provided to the child; or

      (3)   assistance provided during a month in which the parent or guardianhas fully complied with the terms of an order of support for the child,ifa court of competent jurisdictionhas considered the issue of support. For the purposes of this subsection, ifan order is silent on the issue of support, it shall not be presumed thatthe court has considered the issue of support.Amounts paid for a particular month pursuant to a judgment under this actshall be credited against the amount accruing for the same month under anyother order of support for the child, up to the amount of the current supportobligation for that month.

      (c)   When the assistance provided during a month is on behalf of more thanone person, the amount of assistance provided on behalf of one person forthat month shall be determined by dividing the total assistance by the numberof people on whose behalf assistance was provided.

      (d)   Except as provided in subsection (b), a child's parent, parents orguardian shall be liable to repay to an agency or subdivision of anotherstate any assistance substantially similar to that defined in subsection(d) of K.S.A. 39-702 and amendments thereto which has been expended in theother state on the child's behalf, regardless of the specific program underwhich the assistance is or has been provided. When more than one personis legally obligated to support the child, liability to the agency or subdivisionshall be joint and several.

      (e)   Actions authorized herein are in addition to and not in substitutionfor any other remedies.

      History:   L. 1988, ch. 218, § 5; July 1.