39-7,139. Powers and remedies of the secretary concerning IV-D services.
39-7,139
39-7,139. Powers and remedies of the secretaryconcerning IV-D services.(a) The powers and remedies provided in this section arecumulative and do not affect any other powers of the secretary or theavailability of remedies under other law.
(b) In any case for which the secretary is providing IV-D services, thesecretary, subject to de novo court review as provided in subsection (c),may:
(1) Obtain access to information as authorized by law;
(2) subpoena records pursuant to K.S.A. 39-7,144 and amendmentsthereto;
(3) order genetic tests pursuant to K.S.A. 39-7,145 andamendments thereto;
(4) order minimum payments to defray arrearages pursuant to K.S.A.39-7,146 andamendments thereto;
(5) enforce any duty of support by income withholding pursuant to the incomewithholding act and K.S.A. 39-7,147 et seq. andamendmentsthereto;
(6) enforce any duty of support by administrative levy pursuant to K.S.A.39-7,150 and amendments thereto;
(7) perfect any lien against property;
(8) order executions against property pursuant to K.S.A. 60-2401 andamendments thereto; and
(9) change the payee of any support order pursuant to K.S.A.39-7,151 andamendments thereto.
(c) In any action by the secretary pursuant to subsection (b), an aggrievedperson has the right to file a petition with the district court pursuant tochapter 60 of the Kansas Statutes Annotated, and amendments thereto, for denovo court review of such action by the secretary. An aggrieved person shallnot be required to first exhaust administrative remedies that may be availableto such person. If such person files a petition for de novo review and arequest for an administrative hearing has already been docketed, suchadministrative hearing shall be stayed until the court has reviewed andrendered a decision on such petition. The secretary of social andrehabilitation services shall be a necessary party to the action. In anyaction under this subsection, the court may grant relief that would have beenavailable to the parties in an administrative hearing conducted pursuant toK.S.A. 75-3306, and amendments thereto.
(d) In any action by the secretary pursuant to subsection (b), the secretaryshall give written notice to the party, clearly and conspicuously, of the rightto a de novo court review pursuant to subsection (c).
(e) The secretary may designate employees of the secretary to serve asauthorized agents to exercise powers of the secretary in IV-D administrativeproceedings. By written contract, the secretary may designate other persons toserve as authorized agents to exercise specific powers of the secretary in IV-Dcases.
History: L. 1997, ch. 182, § 8; July 3.