Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE
39-7,147.Income withholding order.(a) Except as otherwise provided in K.S.A. 23-4,107 or K.S.A.39-7,149, andamendments thereto, if no income withholding order is in effect to enforce asupport order in a title IV-D case, an income withholding order may be enteredby the secretary. A notice of intent to initiate income withholding, asdescribed in K.S.A. 23-4,107 and amendments thereto, shall be served on theresponsible parent at least seven days before the secretary issues the incomewithholding order. If the amount of arrearages is less than the amount ofcurrent support due for one month, the requirements of subsection (d) must bemet. The income withholding order shall conform to the requirements of theincome withholding act and amendments thereto and shall have the same force andeffect as an income withholding order issued by a district court of this state.
(b) If an income withholding order is issued by the secretary to enforce asupport order entered by a court of this state, the original document shall bedelivered for filing to the clerk of the court that entered the support order. Thereafter, if the secretary is no longer providing title IV-D services in thecase, the clerk of the district court shall use the income withholding orderissued by the secretary in the same manner as an income withholding orderissued by the court.
(c) If an income withholding order is issued by the secretary to enforce asupport order entered by a tribunal of another state, the secretary shalltransmit a copy of the income withholding order to the tribunal of the otherstate.
(d) If there are no arrearages or the amount of arrearages under the supportorder is less than the amount of current support due for one month, thesecretary may initiate income withholding only if:
(1) Any arrearages are owed;
(2) a medical child support order exists;
(3) the secretary determines that immediate issuance of the incomewithholding order was required by K.S.A. 23-4,107 and amendments thereto or bya similar law of another state, but no income withholding order was entered;
(4) the responsible parent consents;
(5) required payments have been received after the due date at least twicewithin the preceding 12 months, regardless of whether any arrearages are owed;or
(6) the support order was entered by a tribunal of another state.
(e) If the support order was entered by or registered with a court of thisstate, the notice of intent to initiate income withholding shall be served onthe responsible parent byonly personal service or registered mail, return receipt requested. In allother cases, the notice of intent toinitiate income withholding shall be served upon the responsible parentonly by personal service or registered mail, return receipt requested.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE
39-7,147.Income withholding order.(a) Except as otherwise provided in K.S.A. 23-4,107 or K.S.A.39-7,149, andamendments thereto, if no income withholding order is in effect to enforce asupport order in a title IV-D case, an income withholding order may be enteredby the secretary. A notice of intent to initiate income withholding, asdescribed in K.S.A. 23-4,107 and amendments thereto, shall be served on theresponsible parent at least seven days before the secretary issues the incomewithholding order. If the amount of arrearages is less than the amount ofcurrent support due for one month, the requirements of subsection (d) must bemet. The income withholding order shall conform to the requirements of theincome withholding act and amendments thereto and shall have the same force andeffect as an income withholding order issued by a district court of this state.
(b) If an income withholding order is issued by the secretary to enforce asupport order entered by a court of this state, the original document shall bedelivered for filing to the clerk of the court that entered the support order. Thereafter, if the secretary is no longer providing title IV-D services in thecase, the clerk of the district court shall use the income withholding orderissued by the secretary in the same manner as an income withholding orderissued by the court.
(c) If an income withholding order is issued by the secretary to enforce asupport order entered by a tribunal of another state, the secretary shalltransmit a copy of the income withholding order to the tribunal of the otherstate.
(d) If there are no arrearages or the amount of arrearages under the supportorder is less than the amount of current support due for one month, thesecretary may initiate income withholding only if:
(1) Any arrearages are owed;
(2) a medical child support order exists;
(3) the secretary determines that immediate issuance of the incomewithholding order was required by K.S.A. 23-4,107 and amendments thereto or bya similar law of another state, but no income withholding order was entered;
(4) the responsible parent consents;
(5) required payments have been received after the due date at least twicewithin the preceding 12 months, regardless of whether any arrearages are owed;or
(6) the support order was entered by a tribunal of another state.
(e) If the support order was entered by or registered with a court of thisstate, the notice of intent to initiate income withholding shall be served onthe responsible parent byonly personal service or registered mail, return receipt requested. In allother cases, the notice of intent toinitiate income withholding shall be served upon the responsible parentonly by personal service or registered mail, return receipt requested.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE
39-7,147.Income withholding order.(a) Except as otherwise provided in K.S.A. 23-4,107 or K.S.A.39-7,149, andamendments thereto, if no income withholding order is in effect to enforce asupport order in a title IV-D case, an income withholding order may be enteredby the secretary. A notice of intent to initiate income withholding, asdescribed in K.S.A. 23-4,107 and amendments thereto, shall be served on theresponsible parent at least seven days before the secretary issues the incomewithholding order. If the amount of arrearages is less than the amount ofcurrent support due for one month, the requirements of subsection (d) must bemet. The income withholding order shall conform to the requirements of theincome withholding act and amendments thereto and shall have the same force andeffect as an income withholding order issued by a district court of this state.
(b) If an income withholding order is issued by the secretary to enforce asupport order entered by a court of this state, the original document shall bedelivered for filing to the clerk of the court that entered the support order. Thereafter, if the secretary is no longer providing title IV-D services in thecase, the clerk of the district court shall use the income withholding orderissued by the secretary in the same manner as an income withholding orderissued by the court.
(c) If an income withholding order is issued by the secretary to enforce asupport order entered by a tribunal of another state, the secretary shalltransmit a copy of the income withholding order to the tribunal of the otherstate.
(d) If there are no arrearages or the amount of arrearages under the supportorder is less than the amount of current support due for one month, thesecretary may initiate income withholding only if:
(1) Any arrearages are owed;
(2) a medical child support order exists;
(3) the secretary determines that immediate issuance of the incomewithholding order was required by K.S.A. 23-4,107 and amendments thereto or bya similar law of another state, but no income withholding order was entered;
(4) the responsible parent consents;
(5) required payments have been received after the due date at least twicewithin the preceding 12 months, regardless of whether any arrearages are owed;or
(6) the support order was entered by a tribunal of another state.
(e) If the support order was entered by or registered with a court of thisstate, the notice of intent to initiate income withholding shall be served onthe responsible parent byonly personal service or registered mail, return receipt requested. In allother cases, the notice of intent toinitiate income withholding shall be served upon the responsible parentonly by personal service or registered mail, return receipt requested.
