2006 Kansas Code - 23-4,130

      23-4,130.   Notice of intent to apply for issuance of an order; affidavit; contest of withholding; hearing; notice. (a) Except as provided in subsection (b), no later than 10 days after the date a support order is entered pursuant to K.S.A. 23-4,129 and amendments thereto, the agency or obligee shall serve upon the obligor a notice as provided for in subsection (h) of K.S.A. 23-4,107 and amendments thereto. The notice shall also advise the obligor that income withholding was requested on the basis of a support order of another jurisdiction. When appropriate, the agency or obligee shall file the affidavit provided for in subsection (d) of K.S.A. 23-4,107 and amendments thereto. If, in accordance with K.S.A. 23-4,110 and amendments thereto, the obligor contests the issuance of an income withholding order, the court must hold a hearing and render a decision within 45 days of the date of service of the notice on the obligor.

      (b)   If the documentation received pursuant to subsection (a) of K.S.A. 23-4,129 and amendments thereto indicates that an income withholding order based upon the support order has been issued by another jurisdiction and has not been terminated, the agency shall file an affidavit as provided in this subsection. An obligee entering a support order pursuant to subsection (a) of K.S.A. 23-4,129 and amendments thereto may file an affidavit as provided in this subsection if an income withholding order based upon the support order has been issued by another jurisdiction and has not been terminated. The affidavit shall state: (1) That an income withholding order based upon the support order has been issued by another jurisdiction and has not been terminated; (2) that immediate issuance of an income withholding order is required by this act; and (3) a specified amount to be withheld by the payor to satisfy the order for support and to defray any arrearage. The amount specified in the affidavit shall be as near as possible to the amount specified in the most recent income withholding order issued by the other jurisdiction. A copy of the affidavit shall be served by first-class mail upon the obligor. Upon the filing of the affidavit, the income withholding order shall be issued immediately, without further notice to the obligor, except that the court may direct the agency or obligee to serve a notice pursuant to subsection (a) upon the obligor if the court finds that the terms of the income withholding order issued by the other jurisdiction are too vague to be compatible with the amount specified in the affidavit or that the court issuing the income withholding order lacked jurisdiction.

      (c)   If the obligor seeks a hearing to contest the proposed income withholding in a case being administered pursuant to title IV, part D, of the federal social security act (42 U.S.C. § 651 et seq.), as amended, the agency shall immediately notify the requesting agency of the date, time and place of the hearing.

      History:   L. 1985, ch. 115, § 20; L. 1986, ch. 137, § 17; L. 1990, ch. 117, § 6; L. 1992, ch. 254, § 9; L. 1994, ch. 301, § 28; July 1.