23-4,131. Hearing on contested withholding; grounds; procedure.
23-4,131
23-4,131. Hearing on contested withholding; grounds; procedure.(a) At any hearing contesting proposed income withholdingbased on a support order entered under K.S.A. 23-4,129 andamendments thereto, the entered order,accompanying sworn or certified statement, and a certified copy of theincome withholding order or notice, if any, still in effect shallconstitute prima facie proof, without further proof or foundation, that theorder is valid, that the amount of currentsupport payments and arrearages is as stated, and that the obligee would beentitled to income withholding under the law of the jurisdiction whichissued the support order.
(b) Once a prima facie case has been established, the obligor may raiseonly the following:
(1) A mistake of fact that is not res judicata concerning the amount ofcurrent support owed or arrearage that had accrued, mistaken identity ofthe obligor or the amount of income to be withheld;
(2) that the court or agency which issued the support order enteredunder K.S.A. 23-4,129 and amendments thereto lacked personaljurisdiction over the obligor.
The burden shall be on the obligor to establish these defenses.
(c) If the obligor presents evidence which constitutes a full or partialdefense, the court, on the request of the obligee or agency, shall continuethe case to permit further evidence relative to the defense to be adducedby either party, except that, if the obligor acknowledges liabilitysufficient to entitle the obligee to income withholding, the court shallrequire income withholding for the payment of current support paymentsunder the support order and of so much of any arrearage as is not indispute, while continuing the case with respect to those matters still indispute. The court shall determine those matters still in dispute as soonas possible and, if appropriate, shall modify the withholding order toconform to its resolution of those matters.
(d) In addition to other procedural devices available to a party, anyparty to the proceeding or a guardian ad litem or other representative ofthe child may adduce testimony of witnesses in another state, including theparties and any of the children, by deposition, by written discovery, byphotographic discovery such as videotaped depositions or by personalappearance before the court by telephone or photographic means.The court on its own motion may direct that the testimony of a person betaken in another state and may prescribe the manner in which, and the termsupon which, the testimony shall be taken.
(e) A court of this state may request the appropriate court or agency ofanother state to hold a hearing to adduce evidence, to permit a depositionto be taken before the court or agency, to order a party to produce or giveevidence under other procedures of that state and to forward to the courtof this state certified copies of the evidence adduced in compliance with the request.
(f) Upon request of a court or agency of another state the courts ofthis state which are competent to hear support matters may order a personin this state to appear at a hearing or deposition before the court toadduce evidence or to produce or give evidence under other proceduresavailable in this state. A certified copy of the evidence adduced, such asa transcript or videotape, shall be forwarded by the clerk of the court tothe requesting court or agency.
(g) A person within this state may voluntarily testify by statement ofaffidavit in this state for use in a proceeding to obtain incomewithholding outside this state.
History: L. 1985, ch. 115, § 21;L. 1986, ch. 137, § 18; July 1.