23-4,108. Payor's duties; cost recovery fee authorized; limit on amount withheld; violations by payor; penalties.
23-4,108
23-4,108. Payor's duties; cost recovery feeauthorized; limit on amountwithheld; violations by payor; penalties.(a) It shall be the affirmative duty of anypayor to respond within 10 days towritten or electronic requests for information presented by the public officeconcerning: (1) Thefull name of the obligor; (2) the current address of the obligor; (3) theobligor's social securitynumber; (4) the obligor's work location; (5) the number of the obligor'sclaimed dependents; (6)the obligor's gross income; (7) the obligor's net income; (8) an itemizedstatement of deductionsfrom the obligor's income; (9) the obligor's pay schedule; (10) the obligor'shealth insurancecoverage; 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 toprovide under this section.
(b) It shall be the duty of any payor who has been served a copy of an incomewithholdingorder for payment of an order for cash support that meets the requirements ofsubsection (h) todeduct and pay over income as provided in this section. The payor shall beginthe requireddeductions no later than the next payment of income due the obligor after 14days followingservice of the order on the payor.
(c) Within seven business days of the time the obligor is normally paid, thepayor shall paythe amount withheld as directed by the income withholding agency pursuant toK.S.A. 23-4,109and amendments thereto, as directed by the income withholding order or by arule of the Kansassupreme court. The payor shall identify each payment with the name of theobligor, the county andcase number of the income withholding order, and the date the income waswithheld from theobligor. The payor shall pay the amounts withheld and identify each payment inthe same businessday. A payor subject to more than one income withholding order payable to thesame payee may combine the amounts withheld into a single payment, but only ifthe amount attributable to eachincome withholding order is clearly identified. Premiums required for a child'scoverage under ahealth benefit plan shall be remitted as provided in the health benefit planand shall not becombined with any other support payment required by the income withholdingorder.
(d) The payor shall continue to withhold income as required by the incomewithholdingorder until further order of the court or agency.
(e) From income due the obligor, the payor may withhold and retain to defraythe payor'scosts a cost recovery fee of $5 for each pay period for which income iswithheld or $10 for eachmonth for which income is withheld, whichever is less. Such cost recovery feeshall be in additionto the amount withheld as support.
(f) The entire sum withheld by the payor, including the cost recovery fee andpremiumsdue from the obligor which are incurred solely because of a medical withholdingorder, shall notexceed the limits provided for under section 303(b) of the consumer creditprotection act (15U.S.C. § 1673(b)). If amounts of earnings required to be withheld exceedthe maximum amountof earnings which may be withheld according to the consumer credit protectionact, priority shallbe given to payment of current and past due support, and the payor shallpromptly notify the holderof the limited power of attorney of any nonpayment of premium for a healthbenefit plan on thechild's behalf. An income withholding order issued pursuant to this act shallnot be considered awage garnishment as defined in subsection (b) of K.S.A. 60-2310 and amendmentsthereto. Ifamounts of earnings required to be withheld in accordance with this act areless than the maximumamount of earnings which could be withheld according to the consumer creditprotection act, thepayor shall honor garnishments filed by other creditors to the extent that thetotal amount takenfrom earnings does not exceed consumer credit protection act limitations.
(g) The payor shall promptly notify the court or agency that issued theincome withholdingorder of the termination of the obligor's employment or other source of income,or the layoff of theobligor from employment, and provide the obligor's last known address and thename and addressof the individual's current employer, if known.
(h) A payor who complies with a copy of an income withholding order that isregular onits face shall not be subject to civil liability to any person or agency forconduct in compliance with the income withholding order. As used in thissection, "regular on its face" means acompleteddocument in the standard format for any income withholding notice that hasbeen adopted by theUnited States secretary of health and human services in a final rule or acertified copy of theincome withholding order.
(i) Except as provided further, if any payor violates the provisions of thisact, the court mayenter a judgment against the payor for the total amount which should have beenwithheld and paidover. If the payor, without just cause or excuse, fails topay over income within thetime established in subsection (c) and the obligee files a motion to have suchincome paid over,the court shall enter a judgment against the payor and in favor of the obligeefor three times theamount of the income owed and reasonable attorney fees. If the payor, withoutgood cause, failsto pay over the income and identify each payment in the same business day, thecourt shall entera judgment against the payor and in favor of the obligee for twice the amountof the cost recoveryfee, as established in subsection (e), per obligor.
(j) In addition to any judgment authorized by subsection (i), a payor shallbe subject to acivil penalty not exceeding $500 and other equitable relief as the courtconsiders proper if thepayor: (1) Discharges, refuses to employ or takes disciplinary action againstan obligor subject toan income withholding order because of such withholding and the obligations oradditionalobligations which it imposes upon the payor; or (2) fails to withhold supportfrom income or to paysuch amounts in the manner required by this act.
History: L. 1985, ch. 115, § 4;L. 1986, ch. 137, § 12;L. 1992, ch. 254, § 2;L. 1994, ch. 301, § 22;L. 1995, ch. 197, § 1;L. 1997, ch. 182, § 25;L. 2001, ch. 195, § 2; July 1.