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Kansas State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
19.
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes
A2.1. If yes, what is the statutory citation?
KSA 39-755, 39-756
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A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
No.
A2.3. If yes, please explain.
n/a

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
KSA 23-3601 et seq.
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B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
Original (Only one set)

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
Australia, Alberta Canada, Ontario Canada, Norway, Nova Scotia Canada, United Kingdom, Province of British Columbia, Country of Israel, Mexico, and Germany.
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?
No
C1.2. If yes, please explain.
n/a
C2. Has your state established reciprocity with any Native American tribal courts?
Yes
C2.1. 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.
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
Yes
C4. 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).) **

D. Age of Majority

D1. What is the age of majority in your state?
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.
D2. What is the statutory citation for the age of majority?
K.S.A. 23-3001.
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D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
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.
D4. Does the date of the order determine the law that is applied?
No
D4.1. If yes, please explain.
n/a
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
The parties must return to the court upon proper motion to determine whether the child support order should be modified or terminated.
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, please explain.
See answer to question D3. 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.
D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates?
Yes
D7.1. If yes, please describe the procedure.
Support for multiple children is prorated evenly among all children and reduced by the prorated share as each child emancipates. Brady v. Brady, 225 Kan. 485; 592 P.2d 865 (1979)
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
D8.1 If not, how does this affect interstate referrals?

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past-due support?
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. For additional information, see K.S.A. 60-2403.
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E2. What is your State's statute of limitations for paternity establishment?
Kansas DCF can bring an action to determine paternity until the child reaches 18 years of age. A child, or a representative of the child, can bring an action to determine 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 paternity exists. K.S.A. 23-2209.
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E3. Is dormancy revival/renewal possible?
Yes
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
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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F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Shared income model. Kansas also applies case law (Brady v. Brady 592 P.2d 865, 225 Kan. 485 (Kan. 1979)) to automatically cease and terminate current support when a child reaches the age of majority, goes to live with the other parent, or becomes deceased. https://law.justia.com/cases/kansas/supreme-court/1979/49-256-1.html
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F2. Does your state charge interest on arrears?
No
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
Kansas law provides for the assessment and collection of judgment interest. However, the Kansas IV-D program does not calculate or enforce judgment interest. The Kansas IV-D program will collect/enforce for interest charged by other states.
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F3. Does your state charge interest on retroactive support?
No
F3.1. If yes, please indicate the amount of interest charged and any related conditions.
Kansas does not charge interest on arrearages. If the custodial parent elects to seek interest, the custodial parent must file a motion with the Court and obtain a judgment of interest which is then enforceable by the IV-D program.
F4. Does your state charge interest on adjudicated arrears?
No
F4.1. If yes, please indicate the amount of interest charged and any related conditions.
Both the entitlement and amount of interest is determined by the Court upon proper motion and hearing.Kansas does not charge interest on arrearages. If the CP elects to seek interest, the CP must file a motion with the Court and obtain a judgment of interest which is then enforceable.
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F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
Yes
F5.1. 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.
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
No
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
F7. Does your state recover costs on behalf of the initiating state?
Yes
F7.1. Optional comments regarding recovery of initiating state's fees.
Kansas will collect costs on behalf of the initiating state only if the costs are contained in the judgment.
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
K.S.A 60-3001; K.S.A. 23-36,201 (UIFSA)
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F9. Does your state establish, enforce, or modify spousal maintenance orders?
No
F9.1. If yes, under what circumstances?
Establish and modify, no. Enforce, yes. Kansas does not establish nor modify spousal orders and will only enforce the spousal order in conjunction with enforcement of a child support order issued at the same time.
F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07)
No.
F10.1. Optional comments regarding required information on spouse or partner.
n/a
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
The fee is assessed each Federal Fiscal Year after the first $500 is collected. However, Kansas CSS is absorbing the cost of this fee instead of imposing it on Kansas families.
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
No.
F11.2 Does your state collect the fee from the person applying for IV-D services?
No.
F11.3. Does your state collect the fee from the absent parent?
No.
F11.4. Does your state pay the fee out of its own funds?
Yes.
F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
October 1, 2009
F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
No.
F14. Does your state participate in the pass-through in former assistance cases?
No.
F14.1. If yes, provide the date.
n/a
F15. Will your state discontinue eligible assignments under the DRA of 2005?
Yes
F15.1. If yes, list the eligible assignments your state would discontinue.
Temporary and Conditional assignments.
F15.2. When will your state discontinue each type of assignment?
10/1/2009
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?
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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F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
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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F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?
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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F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
Kansas absorbs the fee.
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
No
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

G. Income Withholding

G1. What specific source of income is not subject to withholding?
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.
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G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
Yes
G2.1. If yes, what are those limits?
Under the Kansas Family Law Code, there is a 50% limit on disposable income. However, under the Workers Compensation Act, the current maximum withholding is 25% of weekly disability benefits and 40% of lump sum benefits.
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
$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. KSA 23-3104.
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G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
Within 14 days of the date the obligor is normally paid.
G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
7 business days from the date the obligor is normally paid.
G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
The Court could enter judgment against the violator for the amounts that should have been withheld, and, in certain circumstances, could award attorneys fees and treble damages. K.S.A. 23-3104(j)
G7. What is the penalty to an employer for failure to remit payments withheld?
Possible penalty of 3 times the amount due. K.S.A. 23-3104
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G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No
G8.1. Explain your process for receiving direct withholding orders across state lines.
The initiating state sends Kansas a Transmittal #1, IWO, copy of the child support order, and a copy of the arrears support calculation summary. Kansas then processes the documents and sends the IWO to the Kansas Department of Labor. The collection of support from the UI benefits is then made by the DOL and sent to Kansas and it thereafter forwarded to the initiating state.
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G8.2. What documents are required to intercept UI benefits?
See G8.1.
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
No
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
A court order directing the withholding of workers compensation benefits is required in the state of Kansas at this time. The order must designate the amounts to be withheld from both temporary total disability payments and the amount to be withheld from any lump sum payment.
G10. How does an obligor contest income withholding in your state?
The obligor may request an administrative hearing before the Office of Administrative Hearings or request de novo review before the district court.
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.
If the obligors 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 prorated among the current support orders. When the obligors 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 obligors principal place of employment to establish withholding priorities. K.S.A. 23-36,503.
G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance?
Yes
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.
http://www.dcf.ks.gov/services/CSS/Pages/Income-Withholding-Order-information.aspx. For Additional Information K.S.A 23-3105.
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G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
No. K.S.A. 23-3104(f); 15 U.S.C.A. 1673(b)
G13. When does your state require the employer to send notice of an employee's termination?
"Promptly" See K.S.A. 23-3104.
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G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
Indefinitely. See, K.S.A. 21-3103(g), making an income withholding binding on any existing or future payor of income. If an employee is rehired, the statute requires the employer to begin withholding again.
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
No.
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
Yes.
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G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Yes, to most payors of income. An IWO needs to be sent to the Kansas IV-D agency for Unemployment Insurance claims and the case will need to be sent to Kansas via UIFSA for workers compensation claims.
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G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support.
Current child support is the first priority pursuant to K.S.A. 23-3105.
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G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
Oldest arrears will be paid first.
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
K.S.A. 23-3105(c).
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G21. Does your state's law require a signature on the income withholding order?
No

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No
H1.1. If yes, please explain.
The state agency does not represent any of the parties regarding issues of custody and visitation. If the Court orders us to, the agency will add custody and visitation language to the Journal Entry.
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
97%. KSA 23-2208(a)(5).
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
K.S.A. 23-2208 makes a paternity acknowledgment a presumption of paternity. This presumption can be overruled by the Court.
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H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
07/01/1994
H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes
H4.2. Optional comments regarding paternity acknowledgments prior to that date.
n/a
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H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
Through the judicial process by clear and convincing evidence. See. K.S.A. 23-2208(b).
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H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
No
H6.1. If no, briefly explain.
It creates a presumption of paternity which may be rebutted by clear and convincing evidence in Court.
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H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
07/01/1994
H8. Does your state have any other paternity-related presumptions?
Yes
H8.1. If yes, briefly explain.
Pursuant to K.S.A. 23-2208, the following raise the presumption of paternity: 1. the child is born during the marriage or within 300 days after marriage terminated; 2. the child is born during a void or voidable marriage or within 300 days after its termination by death or journal entry of annulment or divorce. If the marriage is void, the child is born within 300 days after the termination of cohabitation; 3. after the child is born, the man and mother attempt to marry and the man acknowledges paternity in writing, with his consent, is named as father on the child's birth certificate or is obligated to support the child by written voluntary promise or court order; 4. a man notoriously or in writing recognizes paternity of the child including, but not limited to a voluntary acknowledgement made to amend the child's birth certificate to add the man as father or if the institution where the child was born adds the man's name to the birth certificate as the father with his consent. See K.S.A. 23-2223 and K.S.A 65-2409a; 5. genetic test results of 97% or greater probability; and 6. there is an order obligating the man to support the child.
H9. Does your state have a putative fathers' registry?
Yes
H9.1. If yes, what is the name of that entity?
The putative father registry. See, K.S.A. 23-36,201(a)(7).
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H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
Yes
H10.1. If yes, please describe any circumstances under which these fees may be waived.
See the Kansas Department of Health and Environment, Office of Vital Statistics website at: http://www.kdheks.gov/vital/birth.html, http://www.kdheks.gov/vital/marriage.html and http://www.kdheks.gov/vital/divorce.html
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H11. Is common-law marriage recognized in your state?
Yes
H11.1. If yes, briefly describe the standard that defines common-law marriage.
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.
H11.2. When did your current common-law standard go into effect?
07/01/2002
H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect?
Kansas has recognized common law marriage since 1867.
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H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
Judicial discretion: The court may use a telephone or other electronic conference to conduct any hearing or conference other than a trial on the merits. For a trial on the merits, K.S.A. 60-243(a) applies. The court may require the parties to reimburse the court for any costs incurred.
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
K.S.A. 60-308; K.S.A. 23-36,201 (UIFSA)
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H14. Does your state recover genetic testing costs for another state?
Yes
H14.1. If yes, please explain.
Kansas will seek reimbursement for genetic testing costs if requested by another state.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
The parties need to amend the birth certificate directly. Please visit the Kansas Department of Health and Environment website for information regarding amending a child's birth certificate. http://www.kdheks.gov/vital/
H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?
One set with multiple paternity affidavits is preferred.

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
Judicial only.
I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
n/a
I1.2. Under what circumstances would a judicial process would be used?
Under ALL circumstances.
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
n/a
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I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
The income of both parents are considered in support computation.
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I3. What criteria for rebutting your presumptive guidelines have been established in your state?
The Court must find, by clear and convincing evidence, that it is in the best interest of the child to abrogate the dictates of the child support guidelines.
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I4. Will your state establish support orders for prior periods?
Yes
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
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. See K.S.A. 23-2215.
I4.2. What information or documentation does your State require to proceed?
Five years prior to filing the establishment action, evidence the child was in the care and custody of the parent. For any earlier time frame, proof of actual costs paid to raise the child is required.
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I4.3. Will your state allow a petition for support when the only issue is retroactive support?
Yes
I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
The IV-D program is limited to filing petitions prior to the emancipation of the child(ren) involved.
I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
Kansas can use an administrative procedure to modify Income Withholding Orders and for administrative actions for non-support. In all other matters, Kansas is a judicial state.
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I6. What is your state's statutory authority for the administrative process?
K.S.A. 39-7,147; K.S.A 39-7,148 and K.S.A. 39-7,149.
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I7. Is there a local state law that allows an interstate administrative subpoena?
No.
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I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No.
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I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
No.
I10. 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?
No.
I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?
Modification.
I12. 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 custodian obtain legal custody before a support order is modified or established?
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 even file these motions pro se. It would be best to contact Central Registry to determine what is needed for that specific judicial district.
I13. 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 custodian obtain legal custody before support can be redirected to the new payee?
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 even file these motions pro se. It would be best to contact Central Registry to determine what is needed for that specific judicial district.
I14. 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.
I15. Does your state send and receive pleadings and documents electronically in international cases? **
No
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
n/a
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
n/a
I17. Please provide the relevant statutory or case law citation. **
K.S.A. 23-3002; Kanas S.Ct. Administrative Order No. 284 and Kansas S.Ct. Child Support Guidelines.
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I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
No
I18.1 If yes, indicate the appropriate responses. **
n/a

J. Support Enforcement

J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).
J1.1. Are your state income tax refund procedures judicial, administrative, or both?
Administrative.
J2. Is the lien process in your state judicial, administrative, or both?
Judicial.
J2.1. What are the trigger criteria for filing a lien?
Arrears must exceed or equal one months child support obligation. K.S.A. 23-3102(a), K.S.A. 23-3103(d)(2), K.S.A. 23-3122, K.S.A. 39-7,147(a), K.S.A. 39-7,148 and K.S.A. 23-3106(e).
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J2.2. Where are your state liens filed?
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. Please see K.S.A. 84-9-401 for directions on the filing of a lien upon a vessel or aircraft. 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 or in any action filed pursuant to Chapter 60 of the Kansas Statutes Annotated. See, K.S.A. 23-3122.
J2.3. Does your state charge a fee for filing a lien?
Yes
J2.4. If yes, please indicate the amount.
$5.00 page for automobiles, vessels and aircraft. See K.S.A. 23-3122.
J.3. Does your state enforce property seizure and sale?
Yes
J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
Judicial process.
J4. Are the MSFIDM freeze and seize 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.
J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support?
When an order to restrict transfer is served upon a financial institution. K.S.A. 39-7,150.
J4.2. Does your state's income withholding definition include amounts in financial institutions?
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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J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
Yes
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
Notice restricting transfer must be served on the obligor. Further, notice to disburse the funds must also be served upon the obligor. If there is a co-owner on the account, the financial institution is obligated to the notify the co-owner of the restriction and disbursement orders.See, K.S.A. 39-7,150.
J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
The state must send notice to the NCP at the same time it serves the financial institution with the freeze order; no subsequent notice of intent to freeze is required. See, K.S.A. 39-7,150.
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
The only requirement is that an arrearage exists, there is no statutory minimum. An NCP is in arrears if child support equal to or greater than the amount of support payable for one month has not been paid. See, K.S.A. 23-3102(a), K.S.A. 23-3103(d)(2), K.S.A. 39-7,147(a), K.S.A. 39-7,148 and K.S.A. 23-3106(e).
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
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. See, K.S.A. 23-3102(a), K.S.A. 23-3103(d)(2), K.S.A. 39-7,147(a), K.S.A. 39-7,148 and K.S.A. 23-3106(e).
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J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
Yes
J5.3.1. If yes, please provide the time frame.
An obligor must be delinquent for 30 days. See, K.S.A. 23-3102(a), K.S.A. 23-3103(d)(2), K.S.A. 39-7,147(a), K.S.A. 39-7,148 and K.S.A. 23-3106(e).
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?
No
J5.4.1. If yes, provide the percentage.
See, K.S.A. 39-7,150.
J5.4.2. Is the percentage different for joint accounts?
No
J5.4.3. If yes, describe.
See, K.S.A. 39-7,150.
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.
$25
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
The financial institution. See, K.S.A. 39-7,150.
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
For judicial garnishment actions, 14 days following service upon the obligor. See, K.S.A. 60-735. For administrative orders to restrict transfer of cash accounts and to disburse attached funds, 10 days after service of notice on the obligor. If the order is served by mail, the time to request review is extended by 3 days. See, K.S.A 39-7,150(k).
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J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?
For administrative orders to disburse funds (seize), 10 days of the date the order is entered. If the order is served by mail, the time to request review is extended by 3 days. See, K.S.A 39-7,150(k).
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
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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J5.10. Is your state's complaint review process judicial, administrative, or both?
Judicial.
J5.11. What are your state's penalties for incorrect seizures?
In an administrative procedure, financial institutions responding in good faith are not subject to liability to the obligor. See, K.S.A. 39-7,150(d).
J5.12. Is the second challenge administrative, judicial, or both?
Administrative, judicial and administrative followed by judicial process are all options available to the obligor.
J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
The obligor and any non-obligor joint account owner has 10 days to administratively appeal an order to verify asset information, order to restrict transfer of cash assets, and order to disburse attached funds. Three days are added to each appellate time frame when notice is provided the obligor by mail. There are no unique rights.
J5.14. Is the freeze and seize operation in your state centralized or automated?
Centralized in the State Department for Children and Families Child Support Services Administrative Office.
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?
No
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
No
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
N/A
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J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
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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J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
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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J6. Does your state withhold state funds or benefits?
Yes
J6.1. If yes, is the method of withholding state benefits judicial, administrative or both?
Kansas utilized administrative processes for debt setoff which includes tax rebates, lottery winnings, and other state funds. Unemployment withholding is judicial and via IWO electronically transmitted directly between the IV-D agency and the Kansas Department of Labor.
J7. Describe any other administrative enforcement procedures your state may have.
Federal offset, passport denial, IRS collection service, credit bureau reporting, recreational license suspension, driver's license suspension.
J8. Describe any other judicial enforcement procedures your state may have.
IWO, garnishment, professional license suspension and contempt.
J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?
n/a
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J10. Which of your state's enforcement remedies are available without judicial actions?
State debt set-off, unemployment insurance benefit attachment, and administrative seizure of funds held by financial institutions.
J11. Describe your state's procedures for registering and enforcing another state's order.
Kansas will register in court and enforce the order the same as any Kansas order. IV-D enforcement for other states orders are performed exclusively in compliance with UIFSA, at K.S.A. 23-3601 et seq. Kansas will process unemployment insurance attachments on behalf of other states without the necessity of transferring the entire case to Kansas.
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
Issuance of an income withholding order, garnishments, freeze and seize orders when appealed to the court and contempt proceeding are all judicial actions in furtherance of enforcement of the order.
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
Yes
J13.1. If yes, provide the statutory citation.
K.S.A. 60-3001 et seq.
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J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
Arrears of $1000, no good cause pending, no family violence set and no exemption granted.
J15. To which credit bureaus does your state report an obligor's child support information?
Trans Union, Experian, Equifax
J16. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
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 and other state benefit offsets (taxes, lottery, etc.).
J19. What documentation does your state require to proceed with an AEI request?
Kansas would need a Transmittal #1, certified copies of the orders, the incoming withholding order and an arrears affidavit with full pay record.
J20. What mandatory data elements does your state need to process AEI requests?
Kansas would need a Transmittal #1, certified copies of the orders and the incoming withholding order. Kansas would need the ordered amount, withholding amount and arrears amount.
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J21. Which additional data elements would aid your state in processing AEI requests?
n/a
J22. How many copies/sets of documents does your state require with an AEI request?
One certified and one copy. Again, Kansas will open a full enforcement case as system limitations prevent opening an AEI case as 'limited services'.
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
Liens/levies and MSFIDM are judicial actions in Kansas and not an option for AEI.
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
No
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
n/a
J25. What is the procedure 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: http://www.kscourts.org/kansas-courts/district-courts/default.asp
J26. What is the procedure for obtaining a certified payment record?
For payments after 10/1/2000, contact the Kansas Payment Center (www.kspaycenter.com) at 1-877-572-5722. Pay records can be printed from the website if the County and Court Order is known. For payment records with payments prior to 10/1/2000, contact the Clerk of the District Court for the county in which the order was filed.
J27. Is there a cost for requesting a certified copy of a court order or payment record?
It varies by judicial district. Contact the Clerk of the Court for specific county information. Contact information for every county Court Clerk can be found at: http://www.kscourts.org/kansas-courts/district-courts/default.asp Payment records from 10/1/2000 forward can be obtained on the KS Payment Center website (www.kspaycenter.com) at no cost.
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
None. The Kansas IV-D agency is only authorized to restrict the license and is without authority to revoke the drivers license.
J29. What triggers a driver's license revocation?
The Kansas IV-D agency lacks authority to revoke an obligors license.
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
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.
J29.2 If yes, what is the amount?
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
J30. Under what conditions may a noncustodial party restore the driver's license?
Debt paid in full; payment agreement in place with payment received, IWO created with a payment received after IWO issued; administrative exemption in place.
J30.1 What is the process for restoring a driver's license?
The system will automatically reinstate once one of the above conditions has been met.
J31. Does your state allow temporary or conditional driver's licenses?
No
J31.1 If yes, what are the conditions?
Travel to or returning from the person's place of employment or schooling; in the course of the person's employment; during a medical emergency; and in going to and returning from probation or parole meetings, drug or alcohol counseling or any place the person is required to go to attend an alcohol and drug safety action program.
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
None.
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes.
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
Yes.
J33.2 What is the dollar amount?
If the case is mandatory IV-D and TANF reimbursement is owed to the state, then a $150.00 minimum arrearage is required. If the no TANF is owed to the state, then a $500.00 minimum arrearage is required.
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
No minimum arrearage is required.
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Kansas, as a responding state, does not submit the file for federal offset. That responsibility remains the initiating states responsibility.
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
n/a
J36.2 What is the dollar amount?
n/a
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
No minimum arrearage is required.
J38.2 What is the dollar amount?
n/a
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
No. This remains the responsibility of the initiating state.
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?
Yes.

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Every three years or as requested sooner based on a change in material circumstances. If more than three years has passed a material change in circumstance need not be shown. See, K.S.A. 23-3005.
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K2. Briefly describe your state's modification procedure.
Central registry screens transmittals requesting review and modification for all appropriate paperwork then sends the acknowledgement to the initiating state. The case is then sent out to the field workers to proceed. If modification of another states order is sought, the order must first be registered (an order of another state cannot be modified if that state has CEJ over the order unless all of the individual parties have filed a written consent in the issuing tribunal). For modification of a Kansas order, the attorney will file a motion to modify, serving a copy on all parties. If a hearing is needed, the court will determine whether there has been a material change of circumstances since the last order and the Child Support Guidelines will be applied. Adjustment is permitted if the court finds it is in childs best interest.
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
A material change of circumstances must be shown.
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
Yes
K4.2. The earnings of the obligee have substantially increased or decreased.
Yes
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
No
K4.6. There has been a substantial change in childcare expenses.
Yes
K4.7. 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 and willful termination of employment to reduce income may constitute material changes in circumstance.
K5. Does your state have cost of living adjustments (COLAs) for orders?
Yes
K5.1. If yes, what index does your state use?
Yes, based upon the financial circumstances of parties. Where one party is employed by a branch of the armed services, Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) are considered. The Average Annual Pay by State and Industry as reported by the United States Department of Labor Statistics may be used, in the courts discretion, to compute a value for the interstate pay differential.
K6. How does your state credit SSA disability to current and past-due support?
NCPs receive credit for the childs monthly social security disability auxiliary payment up to the current child support amount due. NCPs receive credit for SSDI derivative lump sum payments for the months where the disability application remained pending with the Social Security Administration if the NCP made current payments during that time. District Courts may grant credit to the NCP 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 NCP 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).
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
No
K7.1. If yes, explain the circumstances?
Child support is not abated for time frames the NCP is incarcerated. If the child is residing with someone other than the CP or NCP the child support obligation remains valid. If the child moves in with the NCP and it is contemplated to be a permanent change, then the child support obligation ceases from the first day of the month following the filing of the motion to modify. Parties may provide, prospectively, for an abatement period in divorce decrees approved by the court and then support will cease during those periods unless the residential parent shows that the criteria have not been met. See, K.S.A. 23-3005 and K.S.A. 23-3006.
K7.2. What is the statutory citation for your abatement law?
K.S.A. 23-3005 and K.S.A. 23-3006. Case law: Brady v. Brady, 225 Kan. 485, 592 P.2d 865 (1979), Matter of Marriage of Peak, 244 Kan. 662, 772 P.2d 775(1989).
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K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.
Enforcement requires certified copies of all court orders, modifications, and certified arrears calculations. Establishment requires sworn TANF payout calculations, copies of birth certificates, copies of genetic testing results, if completed.
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K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
See, the Kansas Department of Health and Environment, Office of Vital Statistics website at: http://www.kdheks.gov/vital/birth.html.
K8. What information does your state require to register an out-of-state order for enforcement/modification?
Certified copy of all court orders and modifications and sworn arrears calculation
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
Yes.
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
There will be exceptions depending on specific case facts; however, current support plus arrears amount is the amount generally set as the arrears payment going forward in most judicial districts. See, K.S.A. 23-3103.
K10. What circumstances will cause your state to end child support before the normal duration? **
Death of the child, death of NCP, adoption of child, termination of parental rights and emancipation of the child.

L. Payments

L1. Does your state define a lump sum payment?
Yes
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
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. See, K.S.A. 23-3102(g).
L1.2 Provide the statutory citation.
K.S.A. 23-3102(g)
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L2. Does your state law require employers to report lump sum payments?
Yes
L2.1 If yes, give the statutory citation or rule.
Only if the IWO is issued by the IV-D agency. K.S.A. 23-3104(g).
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L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
Yes
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
Only if the IWO is issued by the IV-D agency. No threshold amount required.
L4. How are employers instructed to report a pending lump sum?
Contact the IV-D agency no less than 14 days prior to making payment. See, K.S.A. 23-3104(g).
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
14 days
L6. Does your state use the income-withholding order to attach the lump sum payment?
Yes
L7. Does your state use the lien/levy process to attach lump sum payments?
Yes
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
Lien. A garnishment can be issued using the forms set out in the Kansas Judicial Council website.
L8. What other documents does your state use to attach lump sum payments?
A garnishment may be issued using the forms set on the Kansas Judicial Council.
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
No.
L9.1. If yes, what are those limits?
Kansas caps the limit at 50% of the obligors disposable income. For workers compensation lump sum benefits, the amount is 40%. See, K.S.A. 23-3104, K.S.A. 44-501 et seq. and K.S.A. 23-3105.
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
No. There is no limit on attachment of lump sum payments when, pursuant to Kansas law, the lump sum is not considered earnings. See, K.S.A. 23-3124.
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L9.3. If yes, what are those limits?
There is no limit on attachment of lump sum payments when, pursuant to Kansas law, the lump sum is not considered earnings.
L9.4. If no, what percentage is the employer required to withhold?
The payor is obligated to withhold up to 100%; this figure is based upon the balance owed and any agreement the Kansas IV-D agency might enter into for a reduced withholding.
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
Yes
L10.1 If yes, would the employer only withhold for that period's obligation?
If the lump sum is not considered income, then the lump sum withholding has no affect on the wage income of the obligor. If the lump sum is considered income, then the maximum amount that is subject to withholding is controlled by statute.
L11. Does your state have a direct deposit program?
Yes
L11.1 If so, specify the vendor.
The Kansas Payment Center.
L12. Does your state have a debit card program?
Yes
L12.1 If so, specify the vendor.
Key Bank
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
No.
L13.1 If so, are there fees involved?
There are fees associated with some transactions.
L14. What are the fees associated with using the card?
ATM withdrawal or balance inquiry at KeyBank and Allpoint ATMs, no charge. ATM withdrawal at all other locations, $1.50 per transaction. ATM balance inquiry at all other locations, $.35 per transaction. Over-the-counter withdrawals at all participating MasterCard member bank branches, 1 free per month then $5 per transaction. Transaction declined for insufficient funds, $.35 per denial. Currency conversion on all international transactions, 3% of the US dollar amount of the transaction. Replacement card, 1 Free per year, then $5 each. Overnight delivery replacement card, $15 each. Inactivity fee, $1.50 per month (after 12 consecutive months of inactivity).
L15. How does your state collect child support payments from an obligor? **
Kansas facilitates these cases in the same manner and process as Kansas cases.
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **
Payments may be disbursed by check or electronic funds transfer.
L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
All payments are processed through a designated authority. All payments are processed upon receipt.
L18. Does your state process electronic payments in international cases? **
Yes
L18.1 If so, describe the process. **
L19. What is your state's International Bank Account Number (IBAN)? **

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

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M1.1. Additional information on the CCPA.

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M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
Yes
M2.1. If yes, provide the statutory citation
K.S.A. 75-5367. 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.
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M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
An insurer shall respond by disclosing the requested information about the claimant if the amount of the claim is over $1000. K.S.A. 75- 5367.
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M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
The insurer shall respond to the Kansas IV-D information requests as soon as reasonably possible after the first submission of the claim.
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
Obligor matched if arrears over $25.
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
The insurer must only respond to the request for information as soon as reasonably possible. There are no statutes which regulate how the insurance company conducts the search.
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
No
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
No
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M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
Yes
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
Kansas has laws requiring compliance with subpoenas, liens and IWOs.
M3.1. Provide the statutory citation.
K.S.A. 23-3104, K.S.A. 23-3124, K.S.A. 23-3126, 2K.S.A. 3-36,201, K.S.A. 60-308, K.S.A. 60-4103
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M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
IWO, court orders, and liens.
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
The Kansas IV-D agency.
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
K.S.A. 23-3125 for lump sum attachments through IWO, KSA 60-701 et seq for attachment and garnishment.
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M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
10 days. K.S.A. 23-3125 and K.S.A. 60-735.
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M6. Are there attorney fees associated with the insurance intercept activity?
No
M7. How does another state initiate and intercept collections from your state 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.
M7.1. What is the process, the points of contact, and what forms?
K.S.A. 44-514. Kansas IV-D agency utilizes standardized motions and orders in order to attach workers compensation benefits.

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
Yes
N2. Does your state 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) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
Yes
N3. Does your state 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)
Yes
N4. Does your state 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)
Yes