Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE
39-7,150.Administrative levy on cashassets.(a) Upon determining that arrearages exist in a title IV-Dcase, the secretary mayenforce the support order by an administrative levy upon the responsibleparent's cash assets. Any retirement fund that may be revoked or terminated bythe responsible parent and is composed of cash assets shall be subject toadministrative levy under this section, notwithstanding any other provision oflaw unless the retirement fund has any primarybeneficiary other than the responsible parent or the responsible parent'sspouse.
(b) To initiate an administrative levy under this section, the secretaryshall serve an order to restrict transfer upon the holder of any cash asset ofthe responsible parent. Thesecretary may include with the order to restrict transfer an order to verifyinformation concerning the cash asset. Except as otherwise provided pursuantto subsection (i), the order to restrict transfer shall be servedonly by personal service or registered mail, return receipt requested.
(c) The order to restrict transfer shall attach, upon receipt by the holder,the interest of the responsible parent in any cash asset in the possession orcontrol of the holder subject to any prior attachment or lien or any right ofsetoff that the holder may have against such assets. If the total value of allattachable cash assets is less than$25 at that time, no interest shall be attached by the order to restricttransfer. Upon attachment, the holder shall not transfer any of the attachedassets without the consent of the secretary until further order of thesecretary.
(d) Any cash asset held by the responsible parent in joint tenancy withrights of survivorship shall be presumed to be owned entirely by theresponsible parent. The burden of proving otherwise shall be upon any personasserting ownership of any attached cash asset.Neither the holder nor the secretary shall be liable to the joint owners if theownership of the cash assets is later proven not to be the responsibleparent's.
(e) The holder shall promptly notify any co-owner of the cash asset oraccount about the attachment if the co-owner's interest appears to be affectedby the attachment.
(f) If an order to restrict transfer is issued, the secretary shallsimultaneouslysend notice to the responsible parent by only personal service or registeredmail, return receipt requested. The notice shallstate when review isavailable and how to request review.
(g) If the secretary includes with the order to restrict transfer an orderto verify information, the holder shall comply with the terms of the order toverify information within 14 days of receipt.
(h) If the time allowed to request an administrative hearing has elapsed andtheproposed levy has not been challenged or the challenge has been resolved, inwhole or in part, in favor of the secretary, the secretary shall issue an orderto the holder to disburse the attached funds.
(i) If the holder is a financial institution that has entered into anagreement with the secretary, theagreement may provide for alternative methods of: (1) Notifying the financialinstitution to restrict transfer of cash assets or to disburse proceeds ofthe order; (2) resolving disputes between the financial institutionand the secretary concerning an administrative levy; and (3) exchanging anydata related to the IV-D program.
(j) The exemptions contained in article 23 of chapter 60 shall apply to anyattachment under this section.
(k) The responsible parent, the holder or any co-owner may contest any orderentered under this section that affects the person's rights or duties. Theaggrieved person may request: (1) an administrative hearing pursuant to K.S.A.75-3306, and amendments thereto, by complying with procedures established bythesecretary within ten days after entry of the order being contested; or (2) a denovo court review pursuant to K.S.A. 39-7,139, and amendmentsthereto. If theorder is served on the person by mail, the person's time for requesting reviewshall be extended by three days.
(l) Except as otherwise provided in this subsection, the effect of an orderto restrict transfer may be stayed pending resolution of any administrativehearing only upon request and only if the person requesting the stay posts acash or surety bond or provides other unencumbered security equal in value tothe amount of the attached assets. Upon notice and opportunity for hearing,the presiding officer may stay or limit the effect of an order to restricttransfer if the request for stay is accompanied by a sworn statement that theresponsible parent is not the owner of the attached assets.
The effect of an order to verify information or an order to disburse attachedfunds shall be stayed only at the discretion of the presiding officer.
(m) An order issued pursuant to this section whose effect has not beenstayed may be enforced pursuant to the civil enforcement provisions of the actfor judicial review and civil enforcement of agency actions, K.S.A. 77-601etseq., and amendments thereto, after the time for compliance with theorderhasexpired. An order issued pursuant to this section shall not be enforceablemore than two years after the date of entry shown on the face of the order.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE
39-7,150.Administrative levy on cashassets.(a) Upon determining that arrearages exist in a title IV-Dcase, the secretary mayenforce the support order by an administrative levy upon the responsibleparent's cash assets. Any retirement fund that may be revoked or terminated bythe responsible parent and is composed of cash assets shall be subject toadministrative levy under this section, notwithstanding any other provision oflaw unless the retirement fund has any primarybeneficiary other than the responsible parent or the responsible parent'sspouse.
(b) To initiate an administrative levy under this section, the secretaryshall serve an order to restrict transfer upon the holder of any cash asset ofthe responsible parent. Thesecretary may include with the order to restrict transfer an order to verifyinformation concerning the cash asset. Except as otherwise provided pursuantto subsection (i), the order to restrict transfer shall be servedonly by personal service or registered mail, return receipt requested.
(c) The order to restrict transfer shall attach, upon receipt by the holder,the interest of the responsible parent in any cash asset in the possession orcontrol of the holder subject to any prior attachment or lien or any right ofsetoff that the holder may have against such assets. If the total value of allattachable cash assets is less than$25 at that time, no interest shall be attached by the order to restricttransfer. Upon attachment, the holder shall not transfer any of the attachedassets without the consent of the secretary until further order of thesecretary.
(d) Any cash asset held by the responsible parent in joint tenancy withrights of survivorship shall be presumed to be owned entirely by theresponsible parent. The burden of proving otherwise shall be upon any personasserting ownership of any attached cash asset.Neither the holder nor the secretary shall be liable to the joint owners if theownership of the cash assets is later proven not to be the responsibleparent's.
(e) The holder shall promptly notify any co-owner of the cash asset oraccount about the attachment if the co-owner's interest appears to be affectedby the attachment.
(f) If an order to restrict transfer is issued, the secretary shallsimultaneouslysend notice to the responsible parent by only personal service or registeredmail, return receipt requested. The notice shallstate when review isavailable and how to request review.
(g) If the secretary includes with the order to restrict transfer an orderto verify information, the holder shall comply with the terms of the order toverify information within 14 days of receipt.
(h) If the time allowed to request an administrative hearing has elapsed andtheproposed levy has not been challenged or the challenge has been resolved, inwhole or in part, in favor of the secretary, the secretary shall issue an orderto the holder to disburse the attached funds.
(i) If the holder is a financial institution that has entered into anagreement with the secretary, theagreement may provide for alternative methods of: (1) Notifying the financialinstitution to restrict transfer of cash assets or to disburse proceeds ofthe order; (2) resolving disputes between the financial institutionand the secretary concerning an administrative levy; and (3) exchanging anydata related to the IV-D program.
(j) The exemptions contained in article 23 of chapter 60 shall apply to anyattachment under this section.
(k) The responsible parent, the holder or any co-owner may contest any orderentered under this section that affects the person's rights or duties. Theaggrieved person may request: (1) an administrative hearing pursuant to K.S.A.75-3306, and amendments thereto, by complying with procedures established bythesecretary within ten days after entry of the order being contested; or (2) a denovo court review pursuant to K.S.A. 39-7,139, and amendmentsthereto. If theorder is served on the person by mail, the person's time for requesting reviewshall be extended by three days.
(l) Except as otherwise provided in this subsection, the effect of an orderto restrict transfer may be stayed pending resolution of any administrativehearing only upon request and only if the person requesting the stay posts acash or surety bond or provides other unencumbered security equal in value tothe amount of the attached assets. Upon notice and opportunity for hearing,the presiding officer may stay or limit the effect of an order to restricttransfer if the request for stay is accompanied by a sworn statement that theresponsible parent is not the owner of the attached assets.
The effect of an order to verify information or an order to disburse attachedfunds shall be stayed only at the discretion of the presiding officer.
(m) An order issued pursuant to this section whose effect has not beenstayed may be enforced pursuant to the civil enforcement provisions of the actfor judicial review and civil enforcement of agency actions, K.S.A. 77-601etseq., and amendments thereto, after the time for compliance with theorderhasexpired. An order issued pursuant to this section shall not be enforceablemore than two years after the date of entry shown on the face of the order.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE
39-7,150.Administrative levy on cashassets.(a) Upon determining that arrearages exist in a title IV-Dcase, the secretary mayenforce the support order by an administrative levy upon the responsibleparent's cash assets. Any retirement fund that may be revoked or terminated bythe responsible parent and is composed of cash assets shall be subject toadministrative levy under this section, notwithstanding any other provision oflaw unless the retirement fund has any primarybeneficiary other than the responsible parent or the responsible parent'sspouse.
(b) To initiate an administrative levy under this section, the secretaryshall serve an order to restrict transfer upon the holder of any cash asset ofthe responsible parent. Thesecretary may include with the order to restrict transfer an order to verifyinformation concerning the cash asset. Except as otherwise provided pursuantto subsection (i), the order to restrict transfer shall be servedonly by personal service or registered mail, return receipt requested.
(c) The order to restrict transfer shall attach, upon receipt by the holder,the interest of the responsible parent in any cash asset in the possession orcontrol of the holder subject to any prior attachment or lien or any right ofsetoff that the holder may have against such assets. If the total value of allattachable cash assets is less than$25 at that time, no interest shall be attached by the order to restricttransfer. Upon attachment, the holder shall not transfer any of the attachedassets without the consent of the secretary until further order of thesecretary.
(d) Any cash asset held by the responsible parent in joint tenancy withrights of survivorship shall be presumed to be owned entirely by theresponsible parent. The burden of proving otherwise shall be upon any personasserting ownership of any attached cash asset.Neither the holder nor the secretary shall be liable to the joint owners if theownership of the cash assets is later proven not to be the responsibleparent's.
(e) The holder shall promptly notify any co-owner of the cash asset oraccount about the attachment if the co-owner's interest appears to be affectedby the attachment.
(f) If an order to restrict transfer is issued, the secretary shallsimultaneouslysend notice to the responsible parent by only personal service or registeredmail, return receipt requested. The notice shallstate when review isavailable and how to request review.
(g) If the secretary includes with the order to restrict transfer an orderto verify information, the holder shall comply with the terms of the order toverify information within 14 days of receipt.
(h) If the time allowed to request an administrative hearing has elapsed andtheproposed levy has not been challenged or the challenge has been resolved, inwhole or in part, in favor of the secretary, the secretary shall issue an orderto the holder to disburse the attached funds.
(i) If the holder is a financial institution that has entered into anagreement with the secretary, theagreement may provide for alternative methods of: (1) Notifying the financialinstitution to restrict transfer of cash assets or to disburse proceeds ofthe order; (2) resolving disputes between the financial institutionand the secretary concerning an administrative levy; and (3) exchanging anydata related to the IV-D program.
(j) The exemptions contained in article 23 of chapter 60 shall apply to anyattachment under this section.
(k) The responsible parent, the holder or any co-owner may contest any orderentered under this section that affects the person's rights or duties. Theaggrieved person may request: (1) an administrative hearing pursuant to K.S.A.75-3306, and amendments thereto, by complying with procedures established bythesecretary within ten days after entry of the order being contested; or (2) a denovo court review pursuant to K.S.A. 39-7,139, and amendmentsthereto. If theorder is served on the person by mail, the person's time for requesting reviewshall be extended by three days.
(l) Except as otherwise provided in this subsection, the effect of an orderto restrict transfer may be stayed pending resolution of any administrativehearing only upon request and only if the person requesting the stay posts acash or surety bond or provides other unencumbered security equal in value tothe amount of the attached assets. Upon notice and opportunity for hearing,the presiding officer may stay or limit the effect of an order to restricttransfer if the request for stay is accompanied by a sworn statement that theresponsible parent is not the owner of the attached assets.
The effect of an order to verify information or an order to disburse attachedfunds shall be stayed only at the discretion of the presiding officer.
(m) An order issued pursuant to this section whose effect has not beenstayed may be enforced pursuant to the civil enforcement provisions of the actfor judicial review and civil enforcement of agency actions, K.S.A. 77-601etseq., and amendments thereto, after the time for compliance with theorderhasexpired. An order issued pursuant to this section shall not be enforceablemore than two years after the date of entry shown on the face of the order.
