Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE
39-754.Support rights assigned to secretary;secretary's rights;court record of support collected by secretary.(a) If an assignment of support rights is deemed to have been madepursuant to K.S.A. 39-709 or 39-756, and amendments thereto, supportpayments shall be made tothe department of social and rehabilitation services.
(b) If a court has ordered support payments to be made to anapplicant for or recipient of financial assistance or other personwhose support rightsare assigned, the secretary of social and rehabilitation services shallfile a notice of the assignment with the court ordering the paymentswithout the requirement that a copy of the notice be provided to theobligee or obligor.The notice shall not require the signature of the applicant, recipientor obligee on any accompanying assignment document. The notice shall include:
(1) A statement that the assignment is in effect;
(2) the name of any child and the caretaker or otheradult for whom support hasbeen ordered by the court;
(3) the number of the case in which support was ordered; and
(4) a request that the payments ordered be made to the secretary ofsocial and rehabilitation services.
(c) Upon receipt of the notice andwithout the requirement of a hearing or order, the court shall forwardall support payments, including those made as a result of anygarnishment, contempt, attachment, income withholding, incomeassignment or release of lien process, to thesecretary of social and rehabilitation services until the court receivesnotification of the termination of the assignment.
(d) If the claim of the secretary for repayment of the unreimbursedportion of aid to families with dependent children, medical assistance orthe child's share of the costs of care and custody of a child under K.S.A.2009 Supp. 38-2201 et seq. or38-2301 et seq., and amendments thereto,is not satisfied whensuch aid is discontinued, the secretary shall file a notice of partialtermination of assignment of support rights with the court which willpreserve the assignment in regard to unpaid support rights which weredue and owing at the time of the discontinuance of such aid. A copy ofthe notice of the partial termination of the assignment need not beprovided to the obligee or obligor. The noticeshall include:
(1) A statement that the assignment has been partially terminated;
(2) the name of any child and the caretaker or otheradult for whom support hasbeen ordered by the court;
(3) the number of the case in which support was ordered; and
(4) the date the assignment was partially terminated.
(e) Upon receiptof the notice and without the requirement of a hearing or order, thecourt shall forward all payments made to satisfy support arrearages dueand owing as of the date the assignment of support rights was partiallyterminated to the secretary of social and rehabilitation services untilthe court receives notification of the termination of the assignment.
(f) If the secretary of social and rehabilitation servicesor the secretary'sdesignee has on file with the court ordering support payments, a noticeof assignment of support rights pursuant to subsection (b) or a notice ofpartial termination of assignment of support rights pursuant to subsection(d), the secretary shall be considered a necessary party ininterest concerningany legal action to enforce, modify, settle, satisfy or discharge an assignedsupport obligation and, as such, shall be given notice by the party filingsuch action in accordancewith the rules of civil procedure.
(g) Upon written notification by the secretary's designee thatassigned support has been collected pursuant to K.S.A. 44-718 or 75-6201 etseq., and amendments thereto, or section 464 of title IV, partD, of the federal social security act, or any other method of directpayment to the secretary, the clerk of the court or other record keeperwhere the support order was established, shall enter the amounts collectedby the secretary of social and rehabilitation services in the court'spayment ledger or other record to insure that the obligor is credited forthe amounts collected.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE
39-754.Support rights assigned to secretary;secretary's rights;court record of support collected by secretary.(a) If an assignment of support rights is deemed to have been madepursuant to K.S.A. 39-709 or 39-756, and amendments thereto, supportpayments shall be made tothe department of social and rehabilitation services.
(b) If a court has ordered support payments to be made to anapplicant for or recipient of financial assistance or other personwhose support rightsare assigned, the secretary of social and rehabilitation services shallfile a notice of the assignment with the court ordering the paymentswithout the requirement that a copy of the notice be provided to theobligee or obligor.The notice shall not require the signature of the applicant, recipientor obligee on any accompanying assignment document. The notice shall include:
(1) A statement that the assignment is in effect;
(2) the name of any child and the caretaker or otheradult for whom support hasbeen ordered by the court;
(3) the number of the case in which support was ordered; and
(4) a request that the payments ordered be made to the secretary ofsocial and rehabilitation services.
(c) Upon receipt of the notice andwithout the requirement of a hearing or order, the court shall forwardall support payments, including those made as a result of anygarnishment, contempt, attachment, income withholding, incomeassignment or release of lien process, to thesecretary of social and rehabilitation services until the court receivesnotification of the termination of the assignment.
(d) If the claim of the secretary for repayment of the unreimbursedportion of aid to families with dependent children, medical assistance orthe child's share of the costs of care and custody of a child under K.S.A.2009 Supp. 38-2201 et seq. or38-2301 et seq., and amendments thereto,is not satisfied whensuch aid is discontinued, the secretary shall file a notice of partialtermination of assignment of support rights with the court which willpreserve the assignment in regard to unpaid support rights which weredue and owing at the time of the discontinuance of such aid. A copy ofthe notice of the partial termination of the assignment need not beprovided to the obligee or obligor. The noticeshall include:
(1) A statement that the assignment has been partially terminated;
(2) the name of any child and the caretaker or otheradult for whom support hasbeen ordered by the court;
(3) the number of the case in which support was ordered; and
(4) the date the assignment was partially terminated.
(e) Upon receiptof the notice and without the requirement of a hearing or order, thecourt shall forward all payments made to satisfy support arrearages dueand owing as of the date the assignment of support rights was partiallyterminated to the secretary of social and rehabilitation services untilthe court receives notification of the termination of the assignment.
(f) If the secretary of social and rehabilitation servicesor the secretary'sdesignee has on file with the court ordering support payments, a noticeof assignment of support rights pursuant to subsection (b) or a notice ofpartial termination of assignment of support rights pursuant to subsection(d), the secretary shall be considered a necessary party ininterest concerningany legal action to enforce, modify, settle, satisfy or discharge an assignedsupport obligation and, as such, shall be given notice by the party filingsuch action in accordancewith the rules of civil procedure.
(g) Upon written notification by the secretary's designee thatassigned support has been collected pursuant to K.S.A. 44-718 or 75-6201 etseq., and amendments thereto, or section 464 of title IV, partD, of the federal social security act, or any other method of directpayment to the secretary, the clerk of the court or other record keeperwhere the support order was established, shall enter the amounts collectedby the secretary of social and rehabilitation services in the court'spayment ledger or other record to insure that the obligor is credited forthe amounts collected.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE
39-754.Support rights assigned to secretary;secretary's rights;court record of support collected by secretary.(a) If an assignment of support rights is deemed to have been madepursuant to K.S.A. 39-709 or 39-756, and amendments thereto, supportpayments shall be made tothe department of social and rehabilitation services.
(b) If a court has ordered support payments to be made to anapplicant for or recipient of financial assistance or other personwhose support rightsare assigned, the secretary of social and rehabilitation services shallfile a notice of the assignment with the court ordering the paymentswithout the requirement that a copy of the notice be provided to theobligee or obligor.The notice shall not require the signature of the applicant, recipientor obligee on any accompanying assignment document. The notice shall include:
(1) A statement that the assignment is in effect;
(2) the name of any child and the caretaker or otheradult for whom support hasbeen ordered by the court;
(3) the number of the case in which support was ordered; and
(4) a request that the payments ordered be made to the secretary ofsocial and rehabilitation services.
(c) Upon receipt of the notice andwithout the requirement of a hearing or order, the court shall forwardall support payments, including those made as a result of anygarnishment, contempt, attachment, income withholding, incomeassignment or release of lien process, to thesecretary of social and rehabilitation services until the court receivesnotification of the termination of the assignment.
(d) If the claim of the secretary for repayment of the unreimbursedportion of aid to families with dependent children, medical assistance orthe child's share of the costs of care and custody of a child under K.S.A.2009 Supp. 38-2201 et seq. or38-2301 et seq., and amendments thereto,is not satisfied whensuch aid is discontinued, the secretary shall file a notice of partialtermination of assignment of support rights with the court which willpreserve the assignment in regard to unpaid support rights which weredue and owing at the time of the discontinuance of such aid. A copy ofthe notice of the partial termination of the assignment need not beprovided to the obligee or obligor. The noticeshall include:
(1) A statement that the assignment has been partially terminated;
(2) the name of any child and the caretaker or otheradult for whom support hasbeen ordered by the court;
(3) the number of the case in which support was ordered; and
(4) the date the assignment was partially terminated.
(e) Upon receiptof the notice and without the requirement of a hearing or order, thecourt shall forward all payments made to satisfy support arrearages dueand owing as of the date the assignment of support rights was partiallyterminated to the secretary of social and rehabilitation services untilthe court receives notification of the termination of the assignment.
(f) If the secretary of social and rehabilitation servicesor the secretary'sdesignee has on file with the court ordering support payments, a noticeof assignment of support rights pursuant to subsection (b) or a notice ofpartial termination of assignment of support rights pursuant to subsection(d), the secretary shall be considered a necessary party ininterest concerningany legal action to enforce, modify, settle, satisfy or discharge an assignedsupport obligation and, as such, shall be given notice by the party filingsuch action in accordancewith the rules of civil procedure.
(g) Upon written notification by the secretary's designee thatassigned support has been collected pursuant to K.S.A. 44-718 or 75-6201 etseq., and amendments thereto, or section 464 of title IV, partD, of the federal social security act, or any other method of directpayment to the secretary, the clerk of the court or other record keeperwhere the support order was established, shall enter the amounts collectedby the secretary of social and rehabilitation services in the court'spayment ledger or other record to insure that the obligor is credited forthe amounts collected.
