60-2310.Wage garnishment; definitions; restrictions, exceptions; sicknesspreventing work; assignment of account; prohibition oncourts.(a) Definitions. As used in this act and the acts of which this actis amendatory, unless the context otherwise requires, the followingwords and phrases shall have the meanings respectively ascribed to them:
(1) "Earnings" means compensation paid or payable for personalservices, whether denominated as wages, salary, commission, bonus orotherwise;
(2) "disposable earnings" means that part of the earnings of anyindividual remaining after the deduction from such earnings of anyamounts required by law to be withheld;
(3) "wage garnishment" means any legal or equitable procedurethrough which the earnings of any individual are required to be withheldfor payment of any debt; and
(4) "federal minimum hourly wage" means that wage prescribed bysubsection (a)(1) of section 6 of the federal fair labor standards actof 1938, and any amendments thereto.
(b) Restriction on wage garnishment. Subject to the provisionsof subsection (e), only the aggregate disposableearnings of an individual may be subjected to wage garnishment. Themaximum part of such earnings of any wage earning individual which maybe subjected to wage garnishment for any workweek or multiple thereofmay not exceed the lesser of: (1) Twenty-five percent ofthe individual'saggregate disposable earnings for that workweek or multiple thereof;(2) the amount by which the individual's aggregate disposableearnings forthat workweek or multiple thereof exceed an amount equal to 30times the federal minimum hourly wage, or equivalent multiple thereoffor such longer period; or (3) the amount of theplaintiff's claim as found in the order for garnishment. No one creditor mayissuemore than one garnishment against the earnings of the same judgmentdebtor during any one 30-day period, but the court shallallow the creditor to fileamendments or corrections of names or addresses of any party to theorder of garnishment at any time. In answering such order thegarnishee-employer shall withhold from all earnings of the judgment-debtorfor any pay period or periods ending during such 30-day period anamount or amounts asare allowed and required by law. Nothing in this act shall be construed ascharging the plaintiff in any garnishment action with the knowledge ofthe amount of any defendant's earnings prior to the commencement of suchgarnishment action.
(c) Sickness preventing work. If any debtor is prevented from workingat the debtor's regular trade, professionor calling for any period greater than two weeks because of illness of thedebtor or any member of the family of the debtor, and this fact isshown by the affidavit of the debtor, the provisions of this sectionshall not be invoked against any such debtor until after the expirationof two months after recovery from suchillness.
(d) Assignment of account. If any person, firm or corporationsells or assigns an account to any person or collecting agency, that person,firm or corporation or their assignees shallnot have or be entitled to the benefits of wage garnishment. Theprovision of this subsection shall not apply to the following:
(1) Assignments of supportrights to the secretary of social and rehabilitation services pursuant toK.S.A.39-709 and 39-756, and amendments thereto, and support enforcement actionsconducted by court trustees pursuant to K.S.A. 23-492, et seq., andamendments thereto;
(2) support rights which havebeen assigned to any other state pursuant to title IV-D of the federal socialsecurity act (42 U.S.C. § 651 et seq.);
(3) assignmentsof accounts receivable or taxes receivable to the director of accounts andreports made under K.S.A. 75-3728b and amendments thereto; or
(4) collections pursuant to contracts entered into in accordance withK.S.A. 75-719 and amendments thereto involving the collection ofrestitution ordebts to district courts.
(e) Exceptions to restrictions on wage garnishment. Therestrictions on the amount of disposable earnings subject to wagegarnishment as provided in subsection (b) shall not apply in thefollowing instances:
(1) Any order of any court for the support of any person, includingany order for support in the form of alimony, but the foregoing shall besubject to the restriction provided for in subsection (g);
(2) any order of any court of bankruptcy under chapter XIII of thefederal bankruptcy act; and
(3) any debt due for any state or federal tax.
(f) Prohibition on courts. No court of this state may make,execute or enforce any order or process in violation of this section.
(g) The maximum part of the aggregate disposable earnings of anindividual for any workweek which is subject to garnishment to enforceany order for the support of any person shall not exceed:
(1) If the individual is supportinga spouse ordependent child (other than a spouse or child with respect to whosesupport such order is used), 50% ofthe individual'sdisposable earnings for that week;
(2) if the individual is not supporting a spouse ordependent child described in clause (1), 60% of suchindividual's disposable earnings for that week; and
(3) with respect to the disposable earnings of any individual forany workweek, the 50% specified in clause (1) shall be 55% and the 60%specified in clause (2) shall be 65%,if such earnings are subject to garnishment toenforce a support order for a period which is prior to thetwelve-week period which ends with the beginning of such workweek.
60-2310.Wage garnishment; definitions; restrictions, exceptions; sicknesspreventing work; assignment of account; prohibition oncourts.(a) Definitions. As used in this act and the acts of which this actis amendatory, unless the context otherwise requires, the followingwords and phrases shall have the meanings respectively ascribed to them:
(1) "Earnings" means compensation paid or payable for personalservices, whether denominated as wages, salary, commission, bonus orotherwise;
(2) "disposable earnings" means that part of the earnings of anyindividual remaining after the deduction from such earnings of anyamounts required by law to be withheld;
(3) "wage garnishment" means any legal or equitable procedurethrough which the earnings of any individual are required to be withheldfor payment of any debt; and
(4) "federal minimum hourly wage" means that wage prescribed bysubsection (a)(1) of section 6 of the federal fair labor standards actof 1938, and any amendments thereto.
(b) Restriction on wage garnishment. Subject to the provisionsof subsection (e), only the aggregate disposableearnings of an individual may be subjected to wage garnishment. Themaximum part of such earnings of any wage earning individual which maybe subjected to wage garnishment for any workweek or multiple thereofmay not exceed the lesser of: (1) Twenty-five percent ofthe individual'saggregate disposable earnings for that workweek or multiple thereof;(2) the amount by which the individual's aggregate disposableearnings forthat workweek or multiple thereof exceed an amount equal to 30times the federal minimum hourly wage, or equivalent multiple thereoffor such longer period; or (3) the amount of theplaintiff's claim as found in the order for garnishment. No one creditor mayissuemore than one garnishment against the earnings of the same judgmentdebtor during any one 30-day period, but the court shallallow the creditor to fileamendments or corrections of names or addresses of any party to theorder of garnishment at any time. In answering such order thegarnishee-employer shall withhold from all earnings of the judgment-debtorfor any pay period or periods ending during such 30-day period anamount or amounts asare allowed and required by law. Nothing in this act shall be construed ascharging the plaintiff in any garnishment action with the knowledge ofthe amount of any defendant's earnings prior to the commencement of suchgarnishment action.
(c) Sickness preventing work. If any debtor is prevented from workingat the debtor's regular trade, professionor calling for any period greater than two weeks because of illness of thedebtor or any member of the family of the debtor, and this fact isshown by the affidavit of the debtor, the provisions of this sectionshall not be invoked against any such debtor until after the expirationof two months after recovery from suchillness.
(d) Assignment of account. If any person, firm or corporationsells or assigns an account to any person or collecting agency, that person,firm or corporation or their assignees shallnot have or be entitled to the benefits of wage garnishment. Theprovision of this subsection shall not apply to the following:
(1) Assignments of supportrights to the secretary of social and rehabilitation services pursuant toK.S.A.39-709 and 39-756, and amendments thereto, and support enforcement actionsconducted by court trustees pursuant to K.S.A. 23-492, et seq., andamendments thereto;
(2) support rights which havebeen assigned to any other state pursuant to title IV-D of the federal socialsecurity act (42 U.S.C. § 651 et seq.);
(3) assignmentsof accounts receivable or taxes receivable to the director of accounts andreports made under K.S.A. 75-3728b and amendments thereto; or
(4) collections pursuant to contracts entered into in accordance withK.S.A. 75-719 and amendments thereto involving the collection ofrestitution ordebts to district courts.
(e) Exceptions to restrictions on wage garnishment. Therestrictions on the amount of disposable earnings subject to wagegarnishment as provided in subsection (b) shall not apply in thefollowing instances:
(1) Any order of any court for the support of any person, includingany order for support in the form of alimony, but the foregoing shall besubject to the restriction provided for in subsection (g);
(2) any order of any court of bankruptcy under chapter XIII of thefederal bankruptcy act; and
(3) any debt due for any state or federal tax.
(f) Prohibition on courts. No court of this state may make,execute or enforce any order or process in violation of this section.
(g) The maximum part of the aggregate disposable earnings of anindividual for any workweek which is subject to garnishment to enforceany order for the support of any person shall not exceed:
(1) If the individual is supportinga spouse ordependent child (other than a spouse or child with respect to whosesupport such order is used), 50% ofthe individual'sdisposable earnings for that week;
(2) if the individual is not supporting a spouse ordependent child described in clause (1), 60% of suchindividual's disposable earnings for that week; and
(3) with respect to the disposable earnings of any individual forany workweek, the 50% specified in clause (1) shall be 55% and the 60%specified in clause (2) shall be 65%,if such earnings are subject to garnishment toenforce a support order for a period which is prior to thetwelve-week period which ends with the beginning of such workweek.
60-2310.Wage garnishment; definitions; restrictions, exceptions; sicknesspreventing work; assignment of account; prohibition oncourts.(a) Definitions. As used in this act and the acts of which this actis amendatory, unless the context otherwise requires, the followingwords and phrases shall have the meanings respectively ascribed to them:
(1) "Earnings" means compensation paid or payable for personalservices, whether denominated as wages, salary, commission, bonus orotherwise;
(2) "disposable earnings" means that part of the earnings of anyindividual remaining after the deduction from such earnings of anyamounts required by law to be withheld;
(3) "wage garnishment" means any legal or equitable procedurethrough which the earnings of any individual are required to be withheldfor payment of any debt; and
(4) "federal minimum hourly wage" means that wage prescribed bysubsection (a)(1) of section 6 of the federal fair labor standards actof 1938, and any amendments thereto.
(b) Restriction on wage garnishment. Subject to the provisionsof subsection (e), only the aggregate disposableearnings of an individual may be subjected to wage garnishment. Themaximum part of such earnings of any wage earning individual which maybe subjected to wage garnishment for any workweek or multiple thereofmay not exceed the lesser of: (1) Twenty-five percent ofthe individual'saggregate disposable earnings for that workweek or multiple thereof;(2) the amount by which the individual's aggregate disposableearnings forthat workweek or multiple thereof exceed an amount equal to 30times the federal minimum hourly wage, or equivalent multiple thereoffor such longer period; or (3) the amount of theplaintiff's claim as found in the order for garnishment. No one creditor mayissuemore than one garnishment against the earnings of the same judgmentdebtor during any one 30-day period, but the court shallallow the creditor to fileamendments or corrections of names or addresses of any party to theorder of garnishment at any time. In answering such order thegarnishee-employer shall withhold from all earnings of the judgment-debtorfor any pay period or periods ending during such 30-day period anamount or amounts asare allowed and required by law. Nothing in this act shall be construed ascharging the plaintiff in any garnishment action with the knowledge ofthe amount of any defendant's earnings prior to the commencement of suchgarnishment action.
(c) Sickness preventing work. If any debtor is prevented from workingat the debtor's regular trade, professionor calling for any period greater than two weeks because of illness of thedebtor or any member of the family of the debtor, and this fact isshown by the affidavit of the debtor, the provisions of this sectionshall not be invoked against any such debtor until after the expirationof two months after recovery from suchillness.
(d) Assignment of account. If any person, firm or corporationsells or assigns an account to any person or collecting agency, that person,firm or corporation or their assignees shallnot have or be entitled to the benefits of wage garnishment. Theprovision of this subsection shall not apply to the following:
(1) Assignments of supportrights to the secretary of social and rehabilitation services pursuant toK.S.A.39-709 and 39-756, and amendments thereto, and support enforcement actionsconducted by court trustees pursuant to K.S.A. 23-492, et seq., andamendments thereto;
(2) support rights which havebeen assigned to any other state pursuant to title IV-D of the federal socialsecurity act (42 U.S.C. § 651 et seq.);
(3) assignmentsof accounts receivable or taxes receivable to the director of accounts andreports made under K.S.A. 75-3728b and amendments thereto; or
(4) collections pursuant to contracts entered into in accordance withK.S.A. 75-719 and amendments thereto involving the collection ofrestitution ordebts to district courts.
(e) Exceptions to restrictions on wage garnishment. Therestrictions on the amount of disposable earnings subject to wagegarnishment as provided in subsection (b) shall not apply in thefollowing instances:
(1) Any order of any court for the support of any person, includingany order for support in the form of alimony, but the foregoing shall besubject to the restriction provided for in subsection (g);
(2) any order of any court of bankruptcy under chapter XIII of thefederal bankruptcy act; and
(3) any debt due for any state or federal tax.
(f) Prohibition on courts. No court of this state may make,execute or enforce any order or process in violation of this section.
(g) The maximum part of the aggregate disposable earnings of anindividual for any workweek which is subject to garnishment to enforceany order for the support of any person shall not exceed:
(1) If the individual is supportinga spouse ordependent child (other than a spouse or child with respect to whosesupport such order is used), 50% ofthe individual'sdisposable earnings for that week;
(2) if the individual is not supporting a spouse ordependent child described in clause (1), 60% of suchindividual's disposable earnings for that week; and
(3) with respect to the disposable earnings of any individual forany workweek, the 50% specified in clause (1) shall be 55% and the 60%specified in clause (2) shall be 65%,if such earnings are subject to garnishment toenforce a support order for a period which is prior to thetwelve-week period which ends with the beginning of such workweek.
