Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE
39-7,151.Redirecting support payments; assignment;change of payee.(a) Nothing in this section shall be construed to prevent thesecretary from redirecting support payments by filing a notice of assignmentpursuant to K.S.A. 39-754 and amendments thereto, or to require the secretaryto issue an order to change payee in lieu of filing such a notice ofassignment.
(b) If a support order has been entered in any IV-D case, the secretary mayenter an order to change the payee. The order may be directed to the clerk ofcourt or any other payer under the support order and shall require payments tobe made and disbursed as provided in the order to change payee until furthernotice. The order to change payee shall be served on the clerk of the court orother payer by only personal service or registered mail, return receiptrequested. The secretary shall serve a copy of the orderto change payee on theresponsible parent and the custodial parent and, if the previous payee is areal party in interest, upon the previous payee by only personal service orregistered mail, return receipt requested. An orderto change payee may be entered pursuant to this section only if the payer issubject, or may be made subject, to the jurisdiction of the courts of thisstate. The jurisdiction of the secretary over the payer for purposes of thissection shall commence when the payer is served with the order to change payeeand shall continue so long as the order to change payee is in effect and hasnot been superseded.
(c) If an order to change payee is directed to any payer other than theclerk of court, a copy shall also be filed with the tribunal that issued thesupport order.
(d) If the underlying support order was entered or has been registered inthis state, no order to change payee issued by any IV-D agency shall beeffective to require any payer, other than a clerk of court, to send paymentsto any location other than to the clerk of court where the support order wasentered or registered, a location specified in the support order or a locationspecified by court rule. If the clerk of court receives an order tochange payee from anyone other than the secretary and a notice of assignmentpursuant to K.S.A. 39-754 and amendments thereto or a conflicting order tochange payee is still in effect, the clerk of court may at any time requestan administrative hearing pursuant to K.S.A. 75-3306, and amendments thereto,by complying with procedures established by the secretary.
(e) If the underlying support order was not entered and has not beenregistered in this state, any person whose interest may be prejudiced by theorder to change payee may request: (1) An administrative hearing pursuant toK.S.A. 75-3306, and amendments thereto, by complying with proceduresestablishedby the secretary within 10 days after entry of the order being contested; or(2) a de novo court review pursuant to K.S.A. 39-7,139, andamendments thereto. Ifthe order is served on the person by mail, the person's time for requestingreview shall be extended by three days.
(f) An order to change payee issued by a IV-D agency in another state shallhave the same force and effect in this state, and be subject to the samelimitations, as an order to change payee issued by the secretary under thissection. Upon request of a IV-D agency in another state, the secretary mayenforce such an order to change payee as though it had been issued by thesecretary of social and rehabilitation services. By serving an order to changepayee related to a support order entered in this state, such IV-D agency shallbe deemed to have consented to the jurisdiction of this state to determine howpayments will be directed to maintain accurate payment records and rapiddisbursement of support collections.
(g) As used in this section, "clerk of court" includes any district courttrustee generally designated to process support payments and includes anydisbursement unit or entity that may be established by court rule toprocess support payments.
(h) In an administrative hearing pursuant to K.S.A. 75-3306, and amendmentsthereto, the effect of an order to change payee may be stayed only upon requestand only if the new payee is a person or entity other than the clerk of thecourt.
(i) 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 theorderhas expired.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE
39-7,151.Redirecting support payments; assignment;change of payee.(a) Nothing in this section shall be construed to prevent thesecretary from redirecting support payments by filing a notice of assignmentpursuant to K.S.A. 39-754 and amendments thereto, or to require the secretaryto issue an order to change payee in lieu of filing such a notice ofassignment.
(b) If a support order has been entered in any IV-D case, the secretary mayenter an order to change the payee. The order may be directed to the clerk ofcourt or any other payer under the support order and shall require payments tobe made and disbursed as provided in the order to change payee until furthernotice. The order to change payee shall be served on the clerk of the court orother payer by only personal service or registered mail, return receiptrequested. The secretary shall serve a copy of the orderto change payee on theresponsible parent and the custodial parent and, if the previous payee is areal party in interest, upon the previous payee by only personal service orregistered mail, return receipt requested. An orderto change payee may be entered pursuant to this section only if the payer issubject, or may be made subject, to the jurisdiction of the courts of thisstate. The jurisdiction of the secretary over the payer for purposes of thissection shall commence when the payer is served with the order to change payeeand shall continue so long as the order to change payee is in effect and hasnot been superseded.
(c) If an order to change payee is directed to any payer other than theclerk of court, a copy shall also be filed with the tribunal that issued thesupport order.
(d) If the underlying support order was entered or has been registered inthis state, no order to change payee issued by any IV-D agency shall beeffective to require any payer, other than a clerk of court, to send paymentsto any location other than to the clerk of court where the support order wasentered or registered, a location specified in the support order or a locationspecified by court rule. If the clerk of court receives an order tochange payee from anyone other than the secretary and a notice of assignmentpursuant to K.S.A. 39-754 and amendments thereto or a conflicting order tochange payee is still in effect, the clerk of court may at any time requestan administrative hearing pursuant to K.S.A. 75-3306, and amendments thereto,by complying with procedures established by the secretary.
(e) If the underlying support order was not entered and has not beenregistered in this state, any person whose interest may be prejudiced by theorder to change payee may request: (1) An administrative hearing pursuant toK.S.A. 75-3306, and amendments thereto, by complying with proceduresestablishedby the secretary within 10 days after entry of the order being contested; or(2) a de novo court review pursuant to K.S.A. 39-7,139, andamendments thereto. Ifthe order is served on the person by mail, the person's time for requestingreview shall be extended by three days.
(f) An order to change payee issued by a IV-D agency in another state shallhave the same force and effect in this state, and be subject to the samelimitations, as an order to change payee issued by the secretary under thissection. Upon request of a IV-D agency in another state, the secretary mayenforce such an order to change payee as though it had been issued by thesecretary of social and rehabilitation services. By serving an order to changepayee related to a support order entered in this state, such IV-D agency shallbe deemed to have consented to the jurisdiction of this state to determine howpayments will be directed to maintain accurate payment records and rapiddisbursement of support collections.
(g) As used in this section, "clerk of court" includes any district courttrustee generally designated to process support payments and includes anydisbursement unit or entity that may be established by court rule toprocess support payments.
(h) In an administrative hearing pursuant to K.S.A. 75-3306, and amendmentsthereto, the effect of an order to change payee may be stayed only upon requestand only if the new payee is a person or entity other than the clerk of thecourt.
(i) 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 theorderhas expired.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE
39-7,151.Redirecting support payments; assignment;change of payee.(a) Nothing in this section shall be construed to prevent thesecretary from redirecting support payments by filing a notice of assignmentpursuant to K.S.A. 39-754 and amendments thereto, or to require the secretaryto issue an order to change payee in lieu of filing such a notice ofassignment.
(b) If a support order has been entered in any IV-D case, the secretary mayenter an order to change the payee. The order may be directed to the clerk ofcourt or any other payer under the support order and shall require payments tobe made and disbursed as provided in the order to change payee until furthernotice. The order to change payee shall be served on the clerk of the court orother payer by only personal service or registered mail, return receiptrequested. The secretary shall serve a copy of the orderto change payee on theresponsible parent and the custodial parent and, if the previous payee is areal party in interest, upon the previous payee by only personal service orregistered mail, return receipt requested. An orderto change payee may be entered pursuant to this section only if the payer issubject, or may be made subject, to the jurisdiction of the courts of thisstate. The jurisdiction of the secretary over the payer for purposes of thissection shall commence when the payer is served with the order to change payeeand shall continue so long as the order to change payee is in effect and hasnot been superseded.
(c) If an order to change payee is directed to any payer other than theclerk of court, a copy shall also be filed with the tribunal that issued thesupport order.
(d) If the underlying support order was entered or has been registered inthis state, no order to change payee issued by any IV-D agency shall beeffective to require any payer, other than a clerk of court, to send paymentsto any location other than to the clerk of court where the support order wasentered or registered, a location specified in the support order or a locationspecified by court rule. If the clerk of court receives an order tochange payee from anyone other than the secretary and a notice of assignmentpursuant to K.S.A. 39-754 and amendments thereto or a conflicting order tochange payee is still in effect, the clerk of court may at any time requestan administrative hearing pursuant to K.S.A. 75-3306, and amendments thereto,by complying with procedures established by the secretary.
(e) If the underlying support order was not entered and has not beenregistered in this state, any person whose interest may be prejudiced by theorder to change payee may request: (1) An administrative hearing pursuant toK.S.A. 75-3306, and amendments thereto, by complying with proceduresestablishedby the secretary within 10 days after entry of the order being contested; or(2) a de novo court review pursuant to K.S.A. 39-7,139, andamendments thereto. Ifthe order is served on the person by mail, the person's time for requestingreview shall be extended by three days.
(f) An order to change payee issued by a IV-D agency in another state shallhave the same force and effect in this state, and be subject to the samelimitations, as an order to change payee issued by the secretary under thissection. Upon request of a IV-D agency in another state, the secretary mayenforce such an order to change payee as though it had been issued by thesecretary of social and rehabilitation services. By serving an order to changepayee related to a support order entered in this state, such IV-D agency shallbe deemed to have consented to the jurisdiction of this state to determine howpayments will be directed to maintain accurate payment records and rapiddisbursement of support collections.
(g) As used in this section, "clerk of court" includes any district courttrustee generally designated to process support payments and includes anydisbursement unit or entity that may be established by court rule toprocess support payments.
(h) In an administrative hearing pursuant to K.S.A. 75-3306, and amendmentsthereto, the effect of an order to change payee may be stayed only upon requestand only if the new payee is a person or entity other than the clerk of thecourt.
(i) 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 theorderhas expired.
