2006 Kansas Code - 23-4,129

      23-4,129.   Same; out-of-state support order; documentation required; filing constitutes entry of support order; attorney-client relationship not created; documentation by obligee not receiving agency services. (a) Upon receiving a support order of another jurisdiction with the documentation specified in subsection (b) from an agency of another jurisdiction operating pursuant to title IV, part D, of the federal social security act (42 U.S.C. § 651 et seq.), as amended, the agency shall proceed under K.S.A. 39-7,147 and amendments thereto or file the documents with the clerk of the court in which withholding is being sought. Upon receipt of the documents the clerk of court, without payment of a filing fee or other costs, shall file them in a registry of foreign support orders. Such filing shall constitute entry of the support order under K.S.A. 23-4,125 through 23-4,137 and amendments thereto. Nothing in this subsection shall be construed to create an attorney-client relationship between an attorney representing the department of social and rehabilitation services and any party other than the department of social and rehabilitation services.

      (b)   The following documentation is required for the entry of a support order of another jurisdiction under the interstate income withholding act:

      (1)   A certified copy of the support order with all modifications;

      (2)   a certified statement of child support owed and paid, including dates of payment and to whom paid;

      (3)   a certified copy of an income withholding notice or order, if any, still in effect;

      (4)   a copy of the portion of the income withholding statute of the jurisdiction which issued the support order which states the requirements for obtaining income withholding under the law of that jurisdiction;

      (5)   a sworn statement of the obligee or agency of the arrearages and the assignment of support rights, if any; and

      (6)   a statement of:

      (A)   The name, address and social security number of the obligor, if known;

      (B)   the name and address of the obligor's employer or of any other source of income of the obligor derived in this state against which income withholding is sought; and

      (C)   the name and address of the agency or person to whom support payments collected by income withholding shall be transmitted.

      (c)   If the documentation received under subsection (a) does not conform to the requirements of subsection (b), the agency shall remedy any defect which it can without the assistance of the requesting agency. If the agency is unable to make such corrections, the requesting agency shall immediately be notified of the necessary additions or corrections. In neither case shall the documentation be returned. The agency and court shall accept the documentation required by subsections (a) and (b) even if it is not in the usual form required by state or local rules, so long as the substantive requirements of these subsections are met.

      (d)   An obligee not receiving services from any agency operating pursuant to title IV, part D, of the federal social security act (42 U.S.C. § 651 et seq.), as amended, may file the documents specified in subsection (b) with the clerk of the court in which withholding is being sought. If the documents are filed by an attorney, they shall be filed by an attorney licensed to practice law in the state of Kansas or authorized in accordance with supreme court rule 116.

      (e)   A support order entered under subsection (a) or (d) shall be enforceable by income withholding against income derived in this state in the manner and with the effect as set forth in the income withholding act and the interstate income withholding act and amendments thereto. Entry of the order shall not confer jurisdiction on the courts of this state for any purpose other than income withholding.

      History:   L. 1985, ch. 115, § 19; L. 1994, ch. 301, § 27; L. 1997, ch. 182, § 29; July 3.