Child Support Enforcement Law Summaries
Kansas, Child Support Enforcement Law Summaries
Kansas' child support law is part of the wage garnishment statutes and is located in the Kansas Statutes Annotated at Chapters 23 and 60.
DEFINITIONS
“Earnings” means compensation paid or payable for personal services, whether as wages, salary, commission, bonus, or otherwise. “Disposable earnings” means that part of the earnings of any individual remaining after the deduction from such earnings of any amounts required by law to be withheld (Sec. 60-2310, as amended by S. 140, L. 1997, effective July 1, 1997).
“Income,” for purposes of income withholding and child support enforcement, means any form of periodic payment to an individual, regardless of source, including but not limited to wages, salary, trust, royalty, commission, bonus, compensation as an independent contractor, annuity and retirement benefits, workers' compensation and any other periodic payments made by any person, private entity or federal, state, or local government or any agency or instrumentality thereof. “Income” does not include any amounts required by law to be withheld, including federal and state taxes, social security tax and other retirement and disability contributions, any amounts exempted by federal law, public assistance payments, and unemployment insurance benefits, except to the extent allowed by law. Any other state or local laws that limit or exempt income or the amount or percentage of income that can be withheld do not apply (Sec. 23-4,106, as amended by H. 2508, L. 2001).
COVERAGE
Interstate support requirements.- Kansas has adopted the Uniform Interstate Family Support Act. An income withholding order issued in another state may be sent to the Kansas employer of the person owing support without first filing a petition or comparable pleading or registering the order with a Kansas tribunal (Sec. 23-9,501, as amended by S. 140, L. 1997, effective July 1, 1997).
Upon receipt of the order, the employer must immediately provide a copy of the order to the affected employee, and must treat the order as if it had been issued by a Kansas tribunal (Sec. 46, S. 140, L. 1997, effective July 1, 1997).
Except as otherwise provided below, the employer must withhold and distribute the funds as directed in the order by complying with terms of the order that specify (Sec. 46, S. 140, L. 1997, effective July 1, 1997):
the duration and amount of periodic payments of current child support, stated as a sum certain;
the person or agency designated to receive payments and the address to which the payments are to be forwarded;
medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the employee to provide health insurance coverage for the child under a policy available through employment;
the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal and the employee's attorney, stated as sums certain; and
the amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.
An employer must comply with the law of the state of the employee's principal place of employment with that employer for withholding from income with respect to (Sec. 46, S. 140, L. 1997, effective July 1, 1997):
the employer's fee for processing an income withholding order;
the maximum amount permitted to be withheld from the employee's income; and
the times within which the employer must implement the withholding order and forward the child support payment.
If an employer receives multiple income withholding orders with respect to the earnings of the same employee, the employer satisfies the terms of the multiple orders if it complies with the law of the state of the employee's principal place o f employment with that employer to establish the priorities for withholding and allocating income withheld for multiple child support obligees (Sec. 47, S. 140, L. 1997, effective July 1, 1997).
Civil liability.- An employer who complies with an income withholding order issued in another state as described above is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from an employee's income (Sec. 48, S. 140, L. 1997, effective July 1, 1997).
Penalties.- An employer who willfully fails to comply with an income withholding order issued by another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issue d by a Kansas tribunal (Sec. 49, S. 140, L. 1997, effective July 1, 1997).
WHAT THE EMPLOYER MUST DO
Payment amounts.- Only the aggregate disposable earnings of an individual may be subject to wage garnishment. The maximum part of aggregate disposable earnings for any individual for any workweek that may go to garnishment for child support is 50 percent if the individual is supporting a spouse or dependent child other than one for whom the support order is issued, or 60 percent if the individual is not supporting a spouse or dependent child other than one for whom the supp ort order is issued. If the earnings are to enforce a support order for a period prior to the 12-week period ending with the beginning of such workweek, the percentages are 55 percent and 65 percent, respectively (Sec. 60-2310, as amended by S. 140, L. 1997, effective July 1, 1997).
The entire sum withheld by the employer, including the cost recovery fee and premiums due under a medical withholding order, may not exceed the federal limits (Sec. 23-4,108, as amended by H. 2508, L. 2001).
The employer must identify each payment with the name of the employee, the county, the case number of the income withholding order, and the date the income was withheld. The employer must pay the amounts withheld and identify each payment in the same business day. The employer must continue to withhold income as required until further order of the court or agency (Sec. 23-4,108, as amended by H. 2508, L. 2001).
Fees charged by employers.- An employer may withhold from income due the employee a fee of $5.00 for each pay period for which income is withheld or $10.00 per month, whichever is less, to defray the employer's costs. This fee is in addition to the amount withheld as support (Sec. 23-4,108, as amended by H. 2508, L. 2001).
Medical support orders.- Premiums required for a child's coverage under a health benefit plan must be paid as provided in the health benefit plan and not combined with any other support payment required by the income withholding order (Sec. 23-4,108, as amended by H. 2508, L. 2001).
The court may require either parent to provide coverage for a dependent under a health benefit plan available to the parent. If more than one plan is available for a child, the court will give preference to the plan designated by court order or agreement of the parents or if none, then to the plan in which the child already has benefits or if none, then with terms closest to those designated by the court order or agreement of the parents or if none, then the plan in which the parent or member of the parent's household has benefits, or if none, then the plan in which the child will receive the greatest benefits (Sec. 23-4,119).
In any case in which a parent is required by court or administrative order to provide health coverage for a child, the parent is eligible for family health coverage and the child is otherwise eligible for family health coverage without regard to any enrollment season restrictions, the employer, the sponsor, or other administrator of a health benefit plan must permit the parent or the person holding a limited power of attorney to enroll the child for coverage, or the employer may enroll the child (Sec. 23-4,119).
Regarding preexisting conditions, the child enrolled under a medical child support order will be treated as having enrolled during normal open enrollment. No one may disenroll the child unless the employer, sponsor, or plan administrator is provided satisfactory written evidence that the court or administrative order is no longer in effect for the child and either the parent has requested a discontinuance of coverage or the child is otherwise ineligible for continued coverage or satisfactory written evidence signed by all holders of limited powers of attorney that the child is or will be enrolled in comparable health coverage through another insurer or health benefit plan that will take effect no later than the effective date of disenrollment has been obtained. An employer may also disenroll the child if the employer has eliminated family health coverage for all its employees (Sec. 23-4,119).
It is the employer's duty to provide the sponsor or administrator of the health benefit plan any information in the medical withholding order needed to carry out duties pursuant to the income withholding act. An employer may not unreasonably delay a child's enrollment under a medical withholding order. If the parent required to enroll the child is not eligible for family coverage, the employer must promptly reconsider the determination not to enroll the child if the parent subsequently becomes eligible for family coverage. The employer is to deduct and remit premiums or other payments required by the health benefit plan (Sec. 23-4,122).
Retaliation.- No employer may discharge any employee because the employee's earnings have been subjected to wage garnishment (Sec. 60-2311).
Priority.- If the withheld amount exceeds the federal Consumer Credit Protection Act limit, priority is given to current and past due support, and the employer must promptly notify the holder of the limited power of attorney of any nonpayment of premium for a health benefit plan (Sec. 23-4,108, as amended by H. 2508, L. 2001).
An income withholding order has priority over any other legal process under state law against the same income. Withholding of income may be made without regard to any prior or subsequent garnishments, attachments, wage assignments, or other creditor claims (Sec. 23-4,109, as amended by S. 140, L. 1997, effective July 1, 1997).
Public employees.- All provisions, requirements, conditions, and exemptions of the garnishment laws apply to all state, county, city, township, and school district officers and employees, as well as to all officers and employees of all municipal or quasi-municipal corporations, to the same extent and effect as such laws apply to officers and employees of private corporations. All income withholding or garnishment attachment orders are to be served upon the director of accounts and reports (Sec. 60-723).
Multiple support orders.- An employer subject to more than one income withholding order may combine the amounts withheld into a single payment, but only if the amount attributable to each income withholding order is clearly identified (Sec. 23-4,108, as amended by H. 2508, L. 2001).
Subject to the Uniform Interstate Family Support Act provisions, if more than one income withholding order requires withholding from the same source of income of a single employee, the employer must withhold and disburse the total amount required by all income withholding orders if such amount does not exceed the state limits. If the total amount in all withholding orders, including medical withholding premium amounts, exceeds such limits, the employer must withhold the amount permitted to be withheld under the state limits and retain any cost recovery fee. The remaining funds must first be prorated by the employer among all income withholding orders for the employee that require current support. When all current support for the month is satisfied, any remaining funds are to be prorated among all income withholding orders that require payment for arrearages. With respect to a medical withholding order, the employer must promptly notify the affected holder of limited power of attorney of any nonpayment of premium. The employer may request assistance from the income withholding agency in determining the amounts to be disbursed for each order, but such assistance will not relieve the employer from any legal responsibility (Sec. 23-4,109, as amended by S. 140, L. 1997, effective July 1, 1997).
NOTICE
Notification to employer.- The clerk of the district court will cause a copy of the income withholding order to be served on the employer (Sec. 23-4,107, as amended by H. 2508, L. 2001).
Termination of employment.- The employer must promptly notify the court or agency that issued the income withholding order of the termination of the employee's employment, other source of income, or layoff, and provide the employee's last known address and the name and address of the individual's current employer, if known (Sec. 23-4,108, as amended by H. 2508, L. 2001).
DEADLINES
The employer must respond within 10 days to written or electronic requests for information presented by the public office concerning the employee's full name, current address, social security number, work location, gross income, net income, itemized statement of deductions from income, pay schedule, health insurance coverage, claimed dependents, and whether or not income owed is already being withheld. The employer must begin the required deductions no later than the next payment of income due the employee after 14 days following service of the order on the employer. The employer must pay the amount withheld within seven business days as directed in the order or by a rule of the Kansas supreme court (Sec. 23-4,108, as amended by H. 2508, L. 2001).
WHO TO CONTACT
Contact the Child Support Enforcement Division, Social and Rehabilitation Services Department, Docking State Office Building, 915 SW Harrison, 6th Floor, Topeka, KS 66612. Telephone: (913)296-3237. Fax: (913)296-1158.
PENALTIES
An employer who violates Kansas' child support enforcement law may be subject to a judgment for the total amount that should have been withheld and paid over (Sec. 23-4,108, as amended by H. 2508, L. 2001).
If the employer, without just cause or excuse, fails to pay over income within the prescribed time and the individual who is due support files a motion to have such income paid over, the court will enter a judgment against the employer and in favor of the individual who is due support for three times the amount of the income owed and reasonable attorney fees. If the employer, without good cause, fails to pay over the income and identify each payment in the same business day, the court will enter a judgment against the employer and in favor of the employee for twice the amount of the cost recovery fee (Sec. 23-4,108, as amended by H. 2508, L. 2001).
In addition to any judgment described above, an employer will be subject to a civil penalty not exceeding $500 and other equitable relief that the court considers proper if the employer (Sec. 23-4,108, as amended by H. 2508, L. 2001):
discharges, refuses to employ or takes disciplinary action against an employee subject to an income withholding order because of such withholding and the obligations or additional obligations that it imposes upon the employer; or
fails to withhold support from income or to pay such amounts in the manner required by Kansas' child support enforcement law.
The other parent will be granted judgment against the employee for failing to provide medical support for a child when ordered to do so (Sec. 23-4,123).
<p>The other parent will be granted judgment against the employee for failing to provide medical support for a child when ordered to do so (Sec. 23-4,123).</p>