23-4,109. Priority of withholding order; application of limitations imposed by other laws; multiple withholding orders, single obligor.
23-4,109
23-4,109. Priority of withholding order; applicationof limitations imposed by other laws; multiple withholding orders, singleobligor.(a) An income withholding ordershall have priority over any other legal process under state law againstthe same income. Withholding of income under this section shall be madewithout regard to any prior or subsequent garnishments, attachments, wageassignments or other claims of creditors.
(b) Except as provided by K.S.A. 60-2310, and amendmentsthereto, any state law which limits orexempts income from legal process or the amount or percentage of incomethat can be withheld shall not apply to withholding income under this act.
(c) Subject to the provisions of K.S.A.23-9,503 and amendmentsthereto,if more than one income withholding order requireswithholding fromthe same source of income of a single obligor, the payor shall withhold anddisburse as ordered thetotal amount required by all income withholding orders if such amount doesnot exceed the limits of subsection (f) of K.S.A.23-4,108 andamendments thereto, as shown in the withholding order which specifies thehighest percentage of income allowed to be withheld. If thetotal amount required by all income withholding orders, including premiumsdue from the obligor which are incurred solely because of a medical withholdingorder, exceeds such limits,the payor shall withhold the amount permitted to bewithheld under suchlimitsand from the amount withheld the payor shall retain any cost recovery feecharged by the payor. The remaining funds shall first be prorated by the payoramong all income withholding orders for the obligor that require payment ofcurrent support. When all current support for the month has been satisfied, anyremaining funds shall be prorated among all income withholding orders for theobligor that require payment of an amount for arrearages. With respect to amedical withholding order, the payor shallpromptly notify the affected holder of the limited power ofattorney of any nonpayment of premium. The payor may requestassistance from the income withholding agency in determining the amount to bedisbursed for each income withholding order, but such assistance shall notrelieve the payor from any responsibility under this act. Upon request of apublic office or of any obligee whose income withholding order is affected bythis subsection, the payor shall provide the county, case number and terms ofall the obligor's income withholding orders.
(d) The provisions of this section as amended by this act shall apply toall income withheld on or after July 1, 1992, regardless of when the applicableincome withholding order was entered or modified.
History: L. 1985, ch. 115, § 5;L. 1986, ch. 137, § 13;L. 1992, ch. 254, § 3;L. 1994, ch. 301, § 23;L. 1997, ch. 182, § 26; July 3.