38-2321. Withholding order for child support; filing; service.
38-2321
38-2321. Withholding order for child support;filing; service.(a) A party entitled to receive child support under anorder issued pursuant to therevised Kansas juvenile justice code may file with the clerk of the districtcourt in the county inwhich the judgment was rendered the original child support order and theoriginal incomewithholding order, if any. If the original child support or income withholdingorder is unavailablefor any reason, a certified or authenticated copy of the order may besubstituted. The clerk of thedistrict court shall number the child support order as a case filed underchapter 60 of the KansasStatutes Annotated, and amendments thereto, and enter the numbering of the caseon the appearance docketof the case.Registration of a child support order under this section shall be without costor docket fee.
(b) If the number assigned to a case under the revised Kansas juvenilejustice code appears in thecaption of a document filed pursuant to this section, the clerk of the districtcourt may obliteratethat number and replace it with the new case number assigned pursuant to thissection.
(c) The filing of the child support order shall constitute registration underthis section. Uponregistration of the child support order, all matters related to that order,including, but not limitedto modification of the order, shall proceed under the new case number.Registration of a childsupport order under this section does not confer jurisdiction in theregistration case for custody orparenting time issues.
(d) The party registering a child support order shall serve a copy of theregistered child supportorder and income withholding order, if any, upon the parties by first-classmail. The partyregistering the child support order shall file, in the official file for eachchild affected, either acopy of the registered order showing the new case number or a statement thatincludes thecaption, new case number and date of registration of the child support order.
(e) If the commissioner of juvenile justice is entitled to receive paymentunder an order whichmay be registered under this section, the county or district attorney shalltake the actionspermitted or required in subsections (a) and (d) on behalf of the commissioner,unless otherwiserequested by the commissioner.
(f) A child support order registered pursuant to this section shall have thesame force and effectas an original child support order entered under chapter 60 of the KansasStatutes Annotated, and amendments thereto,including, but not limited to:
(1) The registered order shall become a lien on the real estate of thejudgment debtor in thecounty from the date of registration;
(2) execution or other action to enforce the registered order may be had fromthe date ofregistration;
(3) the registered order may itself be registered pursuant to any law,including, but not limited to,the uniform interstate family support act, article 9 of chapter 23 of theKansasStatutes Annotated, and amendments thereto;
(4) if any installment of support due under the registered order becomes adormant judgment, itmay be revived pursuant to K.S.A. 60-2404, and amendments thereto; and
(5) the court shall have continuing jurisdiction over the parties and subjectmatter and, except asotherwise provided in subsection (g), may modify any prior support order when amaterialchange in circumstances is shown irrespective of the present domicile of thechild or parent. Thecourt may make a modification of child support retroactive to a date at leastone month after thedate that the motion to modify was filed with the court.
(g) If a motion to modify the child support order is filed within threemonths after the date ofregistration pursuant to this section, if no motion to modify the order haspreviously been heard,and if the moving party shows that the support order was based upon astipulation pursuant to subsection (b)(2) ofK.S.A. 2009 Supp.38-2319, andamendments thereto,the court shall apply the Kansas childsupport guidelines adopted pursuant to K.S.A. 20-165, and amendments thereto,without requiringany party to show that a material change of circumstances has occurred, withoutregard to anyprevious presumption or stipulation used to determine the amount of the childsupport order, andirrespective of the present domicile of the child or parent. Nothing in thissubsection shallprevent or limit enforcement of the support order during the three months afterthe date ofregistration.
History: L. 2006, ch. 169, § 21; Jan. 1, 2007.