23-4,130. Notice of intent to apply for issuance of an order; affidavit; contest of withholding; hearing; notice.
23-4,130
23-4,130. Notice of intent to apply for issuance of an order; affidavit;contest of withholding;hearing; notice.(a) Except as provided in subsection (b), no later than 10 days after thedate a support order is enteredpursuant to K.S.A. 23-4,129 and amendments thereto, theagency or obligee shall serve upon the obligor a noticeas provided for in subsection (h) of K.S.A. 23-4,107 andamendments thereto. The notice shall also advise the obligor that incomewithholding was requested on the basis of a support order of anotherjurisdiction. When appropriate, the agency orobligee shall file the affidavit provided for in subsection (d) of K.S.A.23-4,107and amendments thereto. If, in accordance with K.S.A. 23-4,110 andamendments thereto, the obligor contests the issuanceof an income withholding order, the court must hold a hearing and render adecision within 45 days of the date of service of the notice on the obligor.
(b) If the documentation received pursuant to subsection (a) of K.S.A.23-4,129 and amendments thereto indicates that an income withholding orderbased upon the support order has been issued by anotherjurisdiction and has not been terminated, the agency shall file an affidavit asprovided in this subsection. An obligee entering a supportorder pursuant to subsection (a) of K.S.A. 23-4,129 and amendments thereto mayfile an affidavit as provided in this subsection if an income withholding orderbased upon the support order has been issued by another jurisdiction and hasnot been terminated. The affidavit shall state: (1) That an incomewithholding order based upon the support order has been issuedbyanother jurisdiction and has not been terminated; (2) that immediateissuance of an income withholding order is required by this act; and(3) a specified amount to be withheld by the payor to satisfy the order forsupport and todefray any arrearage.The amount specified in the affidavit shall be as near as possible to theamount specified in the most recent income withholding order issued by theother jurisdiction. A copy of the affidavit shall be served by first-class mailupon the obligor. Upon the filing of the affidavit, the income withholdingorder shall be issued immediately, without further notice to the obligor,except that the court may direct the agency or obligee to serve a noticepursuant to subsection (a) upon the obligor if the court finds that the termsof the incomewithholding order issued by the other jurisdiction are too vague to becompatible with the amount specified in the affidavit or that the court issuingthe income withholding order lacked jurisdiction.
(c) If the obligor seeks a hearing to contest the proposed incomewithholding in a case being administered pursuant to title IV, part D, of thefederal social security act (42 U.S.C. § 651 et seq.), as amended,the agency shall immediately notify the requesting agency ofthe date, time and place of the hearing.
History: L. 1985, ch. 115, § 20;L. 1986, ch. 137, § 17;L. 1990, ch. 117, § 6;L. 1992, ch. 254, § 9;L. 1994, ch. 301, § 28; July 1.