39-7,146. Arrearages.
39-7,146
39-7,146. Arrearages.(a) If the responsible parent owes any arrearages, thesecretary may serve upon the responsible parent an order for minimum paymentsto defray the arrearages. The order shall identify the amount of unpaidarrearages and the minimum periodic payment the obligor is required to make todefray the arrearages. The amount specified for the minimum periodic paymentshall be in addition to any current support order. The order shall statethat failure to request review of the stated amount of arrearages may bar anylater challenge to the amount. The order shall be served on the responsibleparentonly by personal service or registered mail, return receipt requested.
(b) The secretary shall adopt guidelines for determining minimum paymentsto defray arrearages that may be ordered pursuant to this section. To theextent that information is known, the following factors shall be considered: the financial condition of the child, custodial parent and responsible parent;the amount of the current support order; the existence of other dependents; andthe total of unpaid arrearages.
(c) Unless stayed, an order issued pursuant to this section shall beeffective 30 days after the date of entry. The responsible parent mayrequest: (1) An administrative hearing pursuant to K.S.A. 75-3306, andamendments thereto, by complying with procedures established by the secretarywithin ten days after entry of the order; or (2) a de novo court reviewpursuant to K.S.A. 39-7,139, and amendments thereto. If the orderis served bymail, the time shall be extended by three days.
(d) If, after an order issued pursuant to this section becomes effective,the responsible parent fails to make the minimum payments to defray arrearages,the order may be enforced pursuant to the civil enforcement provisions of theact for judicial review and civil enforcement of agency actions,K.S.A. 77-601 et seq., and amendments thereto.
History: L. 1997, ch. 182, § 15; July 3.