Kansas State Law
1. General Program-At-A-Glance
| 1. How many local child support offices are in your state excluding agencies with cooperative agreements? |
| 11. |
| 2. What is the name of your IV-D agency? |
| Kansas Department for Children & Families Child Support Services. |
| 3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe. |
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Judicial.
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| 4. Does your state use the following applications: EDE, CSENET, QUICK? |
| Yes. |
2. Duration Of Support
| 1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s). |
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The child reaches 18 years of age before completing the child's high school education in which case the support shall not terminate automatically, unless otherwise ordered by the court, until June 30 of the school year during which the child became 18 years of age if the child is still attending high school.
K.S.A. 23-3001.
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| 2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary. |
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Support is automatically extended through June 30 of the school year during which child turns 18, unless the court specifically orders otherwise; on motion, the court has discretion to extend through the school year in which the child turns 19, but only if both parents participate or acquiesce in the decision that delayed completion of high school.
K.S.A. 23-3001
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| 3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe. |
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No.
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| 4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe. |
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Yes. See answer to question 2. In addition, if the parties agree to extend the support obligation beyond the date of legal emancipation and the Court enters an order based thereon, then the extension is enforceable.
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| 5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe. |
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| 6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent? |
| NO. |
| 7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe. |
| Yes. Support for multiple children is prorated evenly among all children and reduced by the prorated share as each child emancipates. |
| 8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances. |
| No. |
3. Statute Of Limitations
| 1. What is your state's statute of limitations for the collection of past-due support? |
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As long as the children were under the age of 20 on July 1, 2007 the judgment for support cannot go dormant. However, we still would strive to ensure some enforcement proceeding filed every 5 years to maintain any liens on real estate.
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| 2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain. |
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Kansas DCF can bring an action to determine parentage/paternity until the child reaches 18 years of age. A child, or a representative of the child, can bring an action to determine parentage/paternity at any time if a presumption exists or at any time until three years after the child reaches 18 years of age where no presumption of parentage/paternity exists. K.S.A. 23-2209.
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| 3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long? |
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Yes. Since July 1, 2007, child support judgments cannot go dormant pursuant to K.S.A. 60-2403. In order to preserve the judgment lien against real estate, a renewal affidavit is filed with the Court every 5 years otherwise the judgment remains valid but no longer continues as a lien on real estate. K.S.A. 60-2403.
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4. Support Details
| 1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)? |
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Shared income Model.
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| 2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation. |
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Kansas law does allow for the assessment and collection of judgment interest. K.S.A. 16-204. If a payee elects to seek interest, the payee must file a motion with the appropriate tribunal and obtain a judgment of interest which the Kansas IV-D program can then assist in collecting the judgment.
The Kansas IV-D program does not calculate or assist in obtaining a judgment for a payee. The limitations regarding interest are set forth in K.A.R. 30-44-5.
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| 3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions. |
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No.
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| 4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions. |
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NO.
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| 5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
| Only if the debt has been reduced to a sum certain judgment by the parties. Kansas IV-D program will not establish the judgment. |
| 6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments? |
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If the caretaker of the child is a relative, the payments may be redirected without legal action. Kansas would need a standard Transmittal #1 packet to open a case and redirect the payments. Payments cannot be redirected to a non-relative custodian absent a modification of the underlying court order or establishment of a new order based on a legal custody or guardianship order.
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| 6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain. |
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No.
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| 7. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases? |
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Yes. If the caretaker of the child is a relative, the payments may be redirected without legal action. Kansas would need a standard Transmittal #1 packet to open a case and redirect the payments. Payments cannot be redirected to a non-relative custodian absent a modification of the underlying court order or establishment of a new order based on a legal custody or guardianship order.
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| 8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit? |
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Yes. Obligors receive credit for the child' monthly social security disability auxiliary payment up to the current child support amount due when the auxiliary payment is a result of obligor's disability. Obligors receive credit for SSDI derivative lump sum payments for the months where the disability application remained pending with the Social Security Administration if the Obligor made current payments during that time. District Courts may grant credit to the Obligor to offset other support obligations imposed on the obligor when SSDI lump sum payments duplicate support payments made by the obligor so long as the court does not require reimbursement of the Obligor by the CP of SSDI payments received. See, Andler v. Andler, 217 Kan. 538, 538 P.2d 649 (1975), In re Marriage of Hohmann & Hohmann, 47 Kan. App. 2d 117, 274 P.3d 27 (2012) and In the Matter of the Marriage of Stephenson and Papineau, 302 Kan. 851, 358 P.3rd 86 (2015).
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| 9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
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Yes, K.S.A. 23-3006 allows for the abatement of child support in certain circumstances set forth in a decree. All other circumstances require filing of a motion to modify child support.
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5. Paternity/Parentage
| 1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation. |
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No. The state agency does not represent any of the parties regarding issues of custody and visitation.
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| 2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
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97%.
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| 3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
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Voluntary acknowledgement of paternity form signed and not revoked in one year creates a permanent parent child relationship.
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| 4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
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Yes. Through the judicial process by clear and convincing evidence. K.S.A. 23-2208(b).
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| 5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe. |
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No, only if he signed the Voluntary Acknowledgment of Paternity and didn't revoke the acknowledgment within a year. If the father's name is on the birth certificate due to marriage, it is not conclusive. It creates a presumption of paternity which may be rebutted by clear and convincing evidence through the judicial process.
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| 6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
| Yes. See K.S.A. 23-2208 which includes Attempt to Marry, Acknowledged paternity in writing, Obligated to support the child in writing or by court order. |
| 7. What, if any, is the agency name and link for your state's putative fathers' registry? |
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Department for Children and Families Child Support Services.
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| 8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies? |
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N/A
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| 9. Does your states bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data? |
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Yes.
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| 9.1. Describe any circumstances under which these fees may be waived? |
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N/A.
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| 10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect. |
| The parties must be at least 18 years of age, have the capacity to marry, mutual present consent to the marriage, existence of a present marriage agreements between the parties, and holding out of each other as husband and wife to the public. Effective 07/01/2002. |
| 11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard. |
| Kansas has recognized common law marriage since 1867. |
| 12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child? |
| One packet with multiple parentage affidavits is required when it is the same alleged parent. If there are multiple alleged parents, multiple packets are needed. |
6. Support Order Establishment
| 1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
| Judicial. |
| 1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures. |
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N/A.
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| 1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures. |
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N/A.
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| 2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)? |
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Custodial Parent.
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| 2.1. What documentation is required as proof/evidence of this information? |
| Paystubs and/or tax returns. |
| 3. What criteria for rebutting your presumptive guidelines have been established in your state? |
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See Child Support Guidelines Section IV.D.8
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| 4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive). |
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Kansas law allows for the establishment of retroactive child support for different lengths of time depending on the circumstances of the case and the evidence submitted to the Court. The Kansas IV-D program seeks cost of raising a child judgement for a maximum of 60 months adjusting as needed for TANF received in those months. Parties will need to request any additional time periods and provide the necessary evidence for any time period not included in a TANF judgement or the 60 month time period.
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| 4.1. What information or documentation does your state require to proceed with establishing support for prior periods? |
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Based on CS guidelines, Income for those months along with actual child care costs and medical insurance costs.
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| 4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support? |
| Yes. |
| 4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations. |
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The IV-D program is limited to filing petitions prior to the emancipation of the child(ren) involved.
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| 5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended? |
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No. If the custodial party is receiving TANF, but yes if they are receiving food assistance, child care assistance or medical assistance and do not fall under the meaning of "dependent children" in K.S,A. 39-702(g).
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| 5.1. What about when public assistance is not being expended? |
| Yes. |
| 6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification? |
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Modification.
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| 7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe. |
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Some courts do require a changed custody order be entered before they will order support for the new custodian. Many judicial district courts have forms on their websites for the parties to file these motions pro se. It would be best to contact Central Registry to determine what is needed for that specific judicial district.
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7. Income Withholding
| 1. What are specific sources of income not subject to withholding? |
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Any amounts required by law to be withheld, other than creditor claims, including, but not limited to, 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 otherwise provided by law. Workers compensation is not subject to withholding for the purposes of spousal maintenance.
K.S.A. 23-3102 (d)
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| 2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation. |
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Under the Kansas Family Law Code, there is a 50% limit on disposable income.
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| 2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA? |
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Yes.
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| 2.2. What are the withholding limits for non-employees? |
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All withholding limits are listed in K.S.A. 23-3104.
K.S.A. 23-3104
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| 3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii). |
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$5.00 fee per pay period when the employee is paid on a periodic basis or a maximum of $10.00 per month, whichever is less. $10.00 may be withheld from lump sum payments. K.S.A 23-3104.
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| 4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain. |
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No.
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| 5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order? |
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No later than the next payment of income due the obligor after 14 days following service of the order on the payor. K.S.A 23-3104.
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| 5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding? |
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No later than the next payment of income due the obligor after 14 days following service of the order on the payor. K.S.A 23-3104.
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| 6. When must an employer remit amounts withheld from an employee's pay? |
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7 business days from the date the obligor is normally paid. K.S.A 23-3104.
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| 7. What are your state's sanctions for employers for not implementing income withholding? |
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The Court could enter judgment against the violator for the amounts that should have been withheld plus three times the amount of the income owed and reasonable attorney fees and twice the amount of the cost recovery fee. K.S.A. 23-3104(j)
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| 7.1. What are the penalties to an employer for failure to remit payments withheld? |
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Possible penalty of three times the amount due, reasonable attorney fees and twice the amount of the cost recovery fee. K.S.A. 23-3104.
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| 8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents. |
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No.
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| 8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents. |
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Transmittal #1, Child Support Agency Confidential Information Form, Income Withholding Order, Child Support Order/Journal Entry and a Support Arrears Calculation Summary.
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| 9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents. |
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Yes, unless Kansas has an open incoming UIFSA case, those requests would need to be sent to Kansas to send the income withholding order.
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| 9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents. |
| N/A |
| 10. How does a noncustodial parent contest an income withholding in your state? |
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The obligor may file a Motion to Stay the Issuance of the Income Withholding Order. K.S.A. 23-3106
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| 11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
| If the obligor's total disposable income is sufficient to satisfy multiple, current IWOs, then all are paid in full. If the remainder is sufficient to satisfy all IWO arrears amounts, all are paid in full. If the income is insufficient to satisfy multiple, current IWOs, then the withholdings are pro-rated among the current support orders. When the obligor's disposable income is insufficient to cover all current support orders along with the total IWO arrears, then the current orders are satisfied, and the balance is prorated among the arrears amounts owed. K.S.A. 23-3105. In UIFSA cases, the employer must comply with the law of the state of the child support obligor's principal place of employment to establish withholding priorities. K.S.A. 23-36,503. |
| 12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums? |
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There are none.
K.S.A. 23-3104(f)
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| 13. When does your state require the employer to send notice of an employee's termination? |
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The employer must promptly send notice of termination. K.S.A. 23-3104.
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| 14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate. |
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Current child support is the first priority pursuant to K.S.A. 23-3105.
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8. Distribution
| 1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain. |
| No. |
| 2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain. |
| NO. |
| 3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)? |
| PRWORA. |
| 4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state? |
| Posts to the oldest arrears first. |
| 4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states? |
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The state with the oldest arrears would be paid first.
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9. Enforcement
| 1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.) |
| Due to system limitations, all requests for AEI will result in a fully opened case for enforcement in Kansas. The only administrative enforcement remedy that would be available without filing judicial action would be withholding from unemployment |
| 2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request? |
| Transmittal #1, Child Support Agency Confidential Information Form, Income Withholding Order, Child Support Order/Journal Entry and a Support Arrears Calculation Summary |
| 3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus? |
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Arrears of $1000, no good cause pending, no family violence indicator and no exemption granted.
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| 4. To which credit bureaus does your state report a noncustodial parent's child support information? |
| Trans Union, Experian and Equifax. |
| 5. Is the method for credit bureau reporting judicial, administrative, or both? |
| Administrative. |
| 6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?" |
| Yes. Noncustodial parent would need to submit a dispute through the credit bureaus. |
| 7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
| Yes. $150.00 in TANF or IV-E cases $500.00 in Non-TANF or Medicaid-only cases |
| 8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
| Yes. $150.00 in TANF or IV-E cases $500.00 in Non-TANF or Medicaid-only cases |
| 9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
| Yes, no minimum arrears required. |
| 10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
| Yes, no minimum arrears required. |
| 11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount? |
| There is no minimum statutory dollar amount, a child support obligor must merely be in arrears for a period equal to or greater than the amount of support due for one month. |
| 12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount? |
| There is no minimum statutory dollar amount, a child support obligor must merely be in arrears for a period equal to or greater than the amount of support due for one month. |
| 13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial? |
| No. |
| 14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
| Both judicial and administrative processes are available. See, K.S.A. 60-735 and K.S.A. 39-7,150. |
| 15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt? |
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No. Special accounts may be subject to review.
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| 16. Is the financial institution attachment process in your state centralized and/or automated? |
| No. |
| 17. What are the criteria to attach an account in a financial institution in your state? |
| The only requirement is that an arrearage exists, there is no statutory minimum. An obligor is in arrears if child support equal to or greater than the amount of support payable for one month has not been paid. |
| 18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain. |
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No.
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| 19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required. |
| Due to system limitations, these requests will result in a fully opened case for enforcement in Kansas. This would require a judicial action in Kansas. Transmittal #1, Child Support Agency Confidential Information Form, Income Withholding Order, Child Support Order/Journal Entry and a Support Arrears Calculation Summary. |
| 20. Does your state's income withholding definition include amounts in financial institutions? |
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Monies held by financial institutions may qualify as income subject to support enforcement. See, K.S.A. 23-3102(d). See, also, K.S.A. 23-3124.
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| 21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both? |
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The state must send notice to the obligor at the same time it serves the financial institution with the order to restrict transfer; no subsequent notice of intent to restrict transfer is required. See, K.S.A. 39-7,150.
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| 22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency? |
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10 days from service of the order (13 days if the order is mailed) unless an appeal is filed in the interim. See, K.S.A. 39-7,150 and K.S.A. 77-530.
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| 23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames. |
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Yes. Financial institutions are to hold assets until further order of the secretary. However, the order to restrict transfer expires two years after issuance.
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| 24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain. |
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Total cash assets, no difference for joint accounts.
K.S.A. 39-7,150
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| 25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment? |
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The obligor has the right to assert any claim of exemption allowed under the law and the right to object to the calculation of exempt and non-exempt earnings. The holder (bank) and any co-owner of the funds in the account, are entitled to assert any rights they have to the funds that are the subject of the restriction.
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| 26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow. |
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NO.
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| 27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
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Kansas is only able to restrict. See K.S.A. 39-7,155. Failure to pay child support, failure comply with a subpoena and failure to comply with a warrant all justify restriction of an individuals drivers license. If the restriction is due to arrearages, then the minimum required arrearage is $500.00. If the restriction is due to an individuals failure to comply with a subpoena or a warrant, then no minimum arrearage is required.
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| 28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
| Debt paid in full; payment agreement in place with payment received, IWO created with a payment received after IWO issued; or, administrative exemption in place. The system will automatically reinstate once one of the above conditions has been met. |
| 29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
| No. |
| 30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
| Kansas law provides when an obligor is three months or more behind on child support, and has failed to enter into a payment plan, the court shall issue a notice to the licensing body of the state, as defined in K.S.A. 74-146. If the obligor is an attorney, a complaint will be filed with the disciplinary administrator or the appropriate body if licensed in another state. (K.S.A. Section 23-3120) This applies to any licensing that is done by the State of Kansas, including but not limited to: CNA, CMA, Cosmotologist, Doctor, Lawyer, Social Worker, etc. |
| 31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
| If the licensee complies with a payment plan, the court shall issue a notice of compliance. The licensing body shall reinstate the license upon presentation of the notice. |
| 32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
| Yes. K.S.A. 74-147 allows a temporary license for a period of 6 months, which may be extended for a period of up to 30 days for extreme hardship. This time is to be used for the licensee to furnish a release of information for investigation. |
| 33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
| Obligor must be $500.00 in arrears, no payment in 90 days and have not met their income withholding order in the past 12 months. Hunting, fishing and boat licenses. |
| 34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
| Payment in full, voluntary payment and enter into verbal agreement or provide employer for withholding. |
| 35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
|
NO.
For Additional Information - No Link Provided |
| 36. What are the criteria for initiating/filing a lien in your state? |
|
Arrears must exceed or equal one months child support obligation for a lien on vehicles, vessels and aircraft A real estate lien is automatically filed on any real property in the county where the child support case is filed. If the real estate is in a different county, the real estate liens are filed with the clerk of the court in the county where the property lies. Liens upon vehicles may be perfected by filing notice of lien with the Division of Vehicles of the Department of Revenue. Liens for claims arising under liability insurance are perfected by filing a notice of lien with the clerk of the district court in the original child support case. K.S.A. 60-2202 and K.S.A. 23-3122.
For Additional Information -
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| 37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
| Please describe. See 36 above. |
| 38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe. |
|
Service of a Writ of Execution and Order of Sale. K.S.A. 60-2401 and K.S.A. 39-7,152
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| 39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination. |
| Yes, administrative |
| 40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included? |
| Yes, all of the above. |
| 40.1. If yes, is this enforcement judicial, administrative, or both? |
| Administrative |
| 41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
| None. |
| 42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
| Contempt to actions. |
10. Modification And Review/Adjustment
| 1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.) |
|
Every three years or as requested sooner based on a material change in circumstances. If more than three years has passed a material change in circumstance need not be shown.
For Additional Information -
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| 2. What is your state's modification procedure? Briefly describe. |
|
Once a signed domestic relations affidavit or Petition for Modification and signed General Testimony are received from one party, an initial assessment is completed to determine if there is a 10% change up or down in the child support amount or for a material change. If none, modification is not completed and the parties are notified that a modification is not warranted. If yes, verification of the other party's income/circumstances is sought. If not returned timely, a motion with proposed child support worksheet is processed on the information previously received and a court date is scheduled. Notice is to the party's last known address and the other state as appropriate. At the hearing, the court hears the motions and determines if the proposed child support worksheet is appropriately calculated. If the motion is granted, an order with the new amount is filed. If the motion is not granted, an order is filed noting the motion was denied. See K.S.A. 23-3002; 23-3005 and the Kansas Child Support Guidelines
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| 3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)? |
|
A material change of circumstances must be shown if the order is less than three years old. Typically this means, the IV-D program reviews for a change of 10% (increase or decrease).
For Additional Information - No Link Provided |
| 4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
|
See below.
For Additional Information - No Link Provided |
| 4.1. The earnings of the noncustodial parent have substantially increased or decreased. |
| Yes. |
| 4.2. The earnings of the custodial parent have substantially increased or decreased. |
| Yes. |
| 4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
|
Yes.
For Additional Information - No Link Provided |
| 4.4. The cost of living has changed. |
| No. |
| 4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
| Yes. |
| 4.6. There has been a substantial change in childcare expenses. |
| Yes. |
| 4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
|
A material change in circumstances, upon motion of a party, warrants judicial review of a child support obligation. Children moving to different age brackets, court ordered emancipation may constitute material changes in circumstance.
For Additional Information - No Link Provided |
| 5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).) |
| Yes, for interstate pay differential, adjustment is considered in calculating the child support obligation. Kansas does not do an automatic COLA adjustment. |
| 6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).) |
|
Yes. When the state is notified of the incarceration a review of the order will be done.
For Additional Information - No Link Provided |
11. Lump Sum Payments
| 1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.) |
|
Income in the form of a bonus, commission, an amount paid in lieu of vacation or other leave time, or any other payment to an obligor. Lump sum payment does not include payments made on regular paydays as compensation, reimbursement of expenses incurred by the obligor on behalf of the payor, or an amount paid as severance pay on termination of employment. K.S.A. 23-3102(g).
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| 2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule. |
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Only if the IWO is issued by the IV-D agency. K.S.A. 23-3104(g).
For Additional Information -
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| 3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.? |
| Lump Sum IWO, Lien, or a garnishment. |
12. Cost Recovery And Fees
| 1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe. |
| No. |
| 1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.) |
| N/A |
| 2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe. |
| Kansas will collect costs on behalf of the initiating state only if the costs are contained in the judgment. |
| 3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below. |
| 3.1. Is it retained by the state from support collected? |
| No. |
| 3.2. Is it paid by the individual applying for child support services? |
| No. |
| 3.3. Is it recovered from the noncustodial parent? |
| No. |
| 3.4. Is it paid by the state out of its state funds? |
| No. |
13. Insurance Match
| 1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
|
Yes.
The insurer only has the obligation to respond to a request from information from the
IV-D agency or any entity providing the data matching service for the IV-D agency. K.S.A. 75-5367
For Additional Information -
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| 2. What criteria must a noncustodial parent meet to be eligible for your states participation in the federal insurance match program? |
| Obligor matched if arrears over $25. 75-5366 (ksrevisor.org) |
| 3. What process does your state use to intercept insurance payments? |
|
A lump sum IWO is prepared or a lien or garnishment depending upon the circumstance.
Kansas IV-D agency utilizes standardized motions and orders in order to attach workers compensation benefits. K.S.A. 44-514.
For Additional Information -
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| 4. How does another state initiate and intercept collections from your states workers compensation agency? |
|
The case would have to be transferred to Kansas, the Judgment registered, and a Kansas Court order entered attaching the workers compensation benefits.
For Additional Information - No Link Provided |
| 5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)? |
| No. |
14. Family Violence
15. CSENet
| 1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).) |
| Yes. |
| 2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).) |
| Yes. |
| 3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).) |
| Yes. |
| 4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).) |
| Yes. |
| 5. Does your state send CSENet transactions to request interest information? (MSC R GRINT) |
| No. |
| 6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI) |
| No. |
16. Copies Of Orders And Payment Records
| 1. What are the procedures and associated costs for obtaining a certified copy of a court order? |
|
Contact the Clerk of the District Court for the county in which the order was filed. Contact information for every county Court Clerk can be found at: See additional information link.
For Additional Information -
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| 2. What are the procedures and associated costs for obtaining a certified payment record? |
|
A certified payment record must be obtained from the Clerk of the District Court. K.S.A. 39-7,135; K.S.A. 23-3109
For Additional Information -
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17. Uniform Interstate Family Support Act (UIFSA)
| 1. What is the statutory citation for your state's enactment of UIFSA? |
|
KSA 23-3601 et seq.
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| 2. How does your state define the tribunal (See UIFSA 103)? |
|
)? "Tribunal" means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage of a child. K.S.A. 23-36,102(cc)
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| 3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically? |
| Original (only one set). |
| 4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)? |
| Yes. |
18. International - Reciprocity
| 1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.) |
| Australia, Alberta Canada, Ontario Canada, Norway, Nova Scotia Canada, United Kingdom, Province of British Columbia, Country of Israel, Mexico, and Germany. |
| 2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.) |
| No. |
| 3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)? |
| Yes. |
19. International Information For Hague Convention Countries
| 1. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706(b) (1).) |
|
No.
For Additional Information - No Link Provided |
| 2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically. |
| No. |
| 3. What methods of personal service does your state use? |
| Personal service is accomplished by delivering or offering to deliver a copy of the process and petition or other document to the person to be served. See, K.S.A. 60-303. |
| 4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.) |
|
Work-related Child Care Costs, Health and Dental Insurance Premium, Parenting Time Adjustment, Long Distance Parenting Time Costs, Income Tax Considerations, Special Needs, Overall Financial Condition
For Additional Information -
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| 5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe. |
| Yes. The parents are encouraged to work with Child Support Services to reach an agreed order. |
| 6. What circumstances will cause your state to end child support before the normal duration? |
|
Death of the child, death of payor, death of payee in conjunction with a residential change to payor, adoption of child, termination of parental rights and emancipation of the child.
For Additional Information - No Link Provided |
20. International Payments
| 1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case? |
| The Kansas Payment Center disburses money by paper checks, or to a debit card. If the individual was issued a Debit card to an address within the United States and if they are now living in a foreign country, US dollar disbursements can continue to be issued to their Debit Card account. These funds can be converted to local currency for a fee assessed by the prepaid card provider and possibly the owner/operator of the ATM if an ATM is used. Checks are sent to the person who receives payment's address of record in a foreign country. The recipient then utilizes those funds in their country of residence. Any/all currency conversion fees are borne by the payment recipient. |
| 2. What actions does your state take to reduce the costs and fees associated with international payment processing? |
| Incoming paper based foreign payments are converted to US dollars on the date of receipt and the associated conversion fees are absorbed by State/SDU program. |
| 3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions. |
| Kansas does not accept electronic payments from foreign reciprocating countries. |
21. Tribal Non IV-D
| 1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program? |
| Yes. |
| 1.1. If yes, list the tribes and identify services provided, if less than full services. |
|
Prairie Band Potawatomi Nation, Kickapoo Tribe and the Delaware Tribe of Indians in Kansas.
For Additional Information - No Link Provided |
| 2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs? |
| Yes. |
