K.S.A. 23-3104 Payor's Duties; Cost Recovery Fee Authorized; Limit On Amount Withheld; Violations By Payor; Penalties

• Library: Kansas Statutes
• Edition: 2023
• Currency: Current through 2023 Session Acts Chapter 108
• Year: 2023
• Citation: K.S.A. 23-3104

(a) It shall be the affirmative duty of any payor to respond within 10 days to written or electronic requests for information presented by the public office concerning:

(1) The full name of the obligor;

(2) the current address of the obligor;

(3) the obligor's social security number;

(4) the obligor's work location;

(5) the number of the obligor's claimed dependents;

(6) the obligor's gross income;

(7) the obligor's net income;

(8) an itemized statement of deductions from the obligor's income;

(9) the obligor's pay schedule;

(10) the obligor's health insurance coverage; and

(11) whether or not income owed the obligor is being withheld pursuant to this act. This is an exclusive list of the information that the payor is required to provide under this section.

(b) It shall be the duty of any payor who has been served a copy of an income withholding order for payment of an order for cash support that meets the requirements of subsection (i) to deduct and pay over income as provided in this section. The payor shall begin the required deductions no later than the next payment of income due the obligor after 14 days following service of the order on the payor.

(c) Within seven business days of the time the obligor is normally paid, the payor shall pay the amount withheld as directed by the income withholding agency pursuant to K.S.A. 2022 Supp. 23-3105, and amendments thereto, as directed by the income withholding order or by a rule of the Kansas supreme court. The payor shall identify each payment with the name of the obligor, the county and case number of the income withholding order, and the date the income was withheld from the obligor. The payor shall pay the amounts withheld and identify each payment in the same business day. A payor subject to more than one income withholding order payable to the same payee may combine the amounts withheld into a single payment, but only if the amount attributable to each income withholding order is clearly identified. Premiums required for a child's coverage under a health benefit plan shall be remitted as provided in the health benefit plan and shall not be combined with any other support payment required by the income withholding order.

(d) The payor shall continue to withhold income as required by the income withholding order until further order of the court or agency.

(e) From income due the obligor, the payor may withhold and retain to defray the payor's costs a cost recovery fee of $5 for each pay period for which support is withheld from a periodic payment or $10 for each month for which support is withheld from a periodic payment, whichever is less. For income withholding from a lump sum payment, a cost recovery fee of up to $10 per withholding may be withheld by the payor and shall be in addition to any cost recovery fee charged for withholding from periodic payments. Any such cost recovery fee shall be in addition to the amount withheld as support.