2006 Kansas Code - 23-4,131

      23-4,131.   Hearing on contested withholding; grounds; procedure. (a) At any hearing contesting proposed income withholding based on a support order entered under K.S.A. 23-4,129 and amendments thereto, the entered order, accompanying sworn or certified statement, and a certified copy of the income withholding order or notice, if any, still in effect shall constitute prima facie proof, without further proof or foundation, that the order is valid, that the amount of current support payments and arrearages is as stated, and that the obligee would be entitled to income withholding under the law of the jurisdiction which issued the support order.

      (b)   Once a prima facie case has been established, the obligor may raise only the following:

      (1)   A mistake of fact that is not res judicata concerning the amount of current support owed or arrearage that had accrued, mistaken identity of the obligor or the amount of income to be withheld;

      (2)   that the court or agency which issued the support order entered under K.S.A. 23-4,129 and amendments thereto lacked personal jurisdiction over the obligor.

      The burden shall be on the obligor to establish these defenses.

      (c)   If the obligor presents evidence which constitutes a full or partial defense, the court, on the request of the obligee or agency, shall continue the case to permit further evidence relative to the defense to be adduced by either party, except that, if the obligor acknowledges liability sufficient to entitle the obligee to income withholding, the court shall require income withholding for the payment of current support payments under the support order and of so much of any arrearage as is not in dispute, while continuing the case with respect to those matters still in dispute. The court shall determine those matters still in dispute as soon as possible and, if appropriate, shall modify the withholding order to conform to its resolution of those matters.

      (d)   In addition to other procedural devices available to a party, any party to the proceeding or a guardian ad litem or other representative of the child may adduce testimony of witnesses in another state, including the parties and any of the children, by deposition, by written discovery, by photographic discovery such as videotaped depositions or by personal appearance before the court by telephone or photographic means. The court on its own motion may direct that the testimony of a person be taken in another state and may prescribe the manner in which, and the terms upon which, the testimony shall be taken.

      (e)   A court of this state may request the appropriate court or agency of another state to hold a hearing to adduce evidence, to permit a deposition to be taken before the court or agency, to order a party to produce or give evidence under other procedures of that state and to forward to the court of this state certified copies of the evidence adduced in compliance with the request.

      (f)   Upon request of a court or agency of another state the courts of this state which are competent to hear support matters may order a person in this state to appear at a hearing or deposition before the court to adduce evidence or to produce or give evidence under other procedures available in this state. A certified copy of the evidence adduced, such as a transcript or videotape, shall be forwarded by the clerk of the court to the requesting court or agency.

      (g)   A person within this state may voluntarily testify by statement of affidavit in this state for use in a proceeding to obtain income withholding outside this state.

      History:   L. 1985, ch. 115, § 21; L. 1986, ch. 137, § 18; July 1.