23-4,106. Definitions.
23-4,106
23-4,106. Definitions.As used in the income withholding act:
(a) "Arrearage" means the total amount of unpaid support which is due andunpaid underan order for support, based upon the due date specified in the order forsupport or, if no specificdate is stated in the order, the last day of the month in which the payment isto be made. If theorder for support includes a judgment for reimbursement, an arrearage equal toor greater than theamount of support payable for one month exists on the date the order forsupport is entered.
(b) "Business day" means a day on which state offices in Kansas are open forregularbusiness.
(c) "Health benefit plan" means any benefit plan, other than publicassistance, which isable to provide hospital, surgical, medical, dental or any other health care orbenefits for a child,whether through insurance or otherwise, and which is available through aparent's employment orother group plan.
(d) "Income" means any form of periodic payment to an individual, regardlessof source,including, but not limited to, wages, salary, trust, royalty, commission,bonus, compensation as anindependent contractor, annuity and retirement benefits, workers compensationand any otherperiodic payments made by any person, private entity or federal, state or localgovernment or anyagency or instrumentality thereof. "Income" does not include: (1) Any amountsrequired by lawto be withheld, other than creditor claims, including but not limited tofederal and state taxes,social security tax and other retirement and disability contributions; (2) anyamounts exempted byfederal law; (3) public assistance payments; and (4) unemployment insurancebenefits except tothe extent otherwise provided by law. Any other state or local laws which limitor exempt incomeor the amount or percentage of income that can be withheld shall not apply.Workers compensation shall be considered income only for the purposes of childsupport and not for the purposes ofmaintenance.
(e) "Income withholding order" means an order issued under this act whichrequires apayor to withhold income to satisfy an order for support or to defray anarrearage.
(f) "Medical child support order" means an order requiring a parent toprovide coveragefor a child under a health benefit plan and, where the context requires, mayinclude an orderrequiring a payor to enroll a child in a health benefit plan.
(g) "Medical withholding order" means an income withholding order whichrequires anemployer, sponsor or other administrator of a health benefit plan to enroll achild under the healthcoverage of a parent.
(h) "Nonparticipating parent" means, if one parent is a participating parentas defined inthis section, the other parent.
(i) "Obligee" means the person or entity to whom a duty of support is owed.
(j) "Obligor" means any person who owes a duty to make payments or providehealthbenefit coverage under an order for support.
(k) "Order for support" means any order of a court, or of an administrativeagencyauthorized by law to issue such an order, which provides for payment of fundsfor the support ofa child, or for maintenance of a spouse or ex-spouse, and includes an orderwhich provides formodification or resumption of a previously existing order; payment of uninsuredmedical expenses;payment of an arrearage accrued under a previously existing order; areimbursement order,including but not limited to an order established pursuant to K.S.A. 39-718a or39-718b, andamendments thereto; an order established pursuant to K.S.A. 23-451 etseq. and amendmentsthereto; or a medical child support order.
(l) "Participating parent" means a parent who is eligible for single coverageunder a healthbenefit plan as defined in this section, regardless of the type of coverageactually in effect, if any.
(m) "Payor" means any person or entity owing income to an obligor or anyself-employedobligor and includes, with respect to a medical child support order, thesponsor or administratorof a health benefit plan.
(n) "Public office" means any elected or appointed official of the state orany political subdivision or agency of the state, or any subcontractor thereof,who is or may becomeresponsibleby law for enforcement of, or who is or may become authorized to enforce, anorder for support,including but not limited to the department of social and rehabilitationservices, court trustees,county or district attorneys and other subcontractors.
(o) "Title IV-D" means part D of title IV of the federal social security act(42 U.S.C. § 651et seq.) and amendments thereto, as in effect on December 31, 1999."Title IV-Dcases" means those cases required by title IV-D to be processed by thedepartment of social andrehabilitation services under the state's plan for providing title IV-Dservices.
History: L. 1985, ch. 115, § 2;L. 1990, ch. 117, § 1;L. 1994, ch. 301, § 20;L. 1997, ch. 182, § 23;L. 2001, ch. 195, § 1; July 1.