39-7,148. Same; modification or termination.
39-7,148
39-7,148. Same; modification ortermination.(a) At any time after issuing an income withholding order, thesecretary shall: (1) Modify or terminate the income withholding order becauseof a modification or termination of the underlying support order; (2) modifythe amount of income withheld to reflect payment in full of the arrearages; (3)modify or terminate the income withholding order to reflect the final order ina fair hearing pursuant to K.S.A. 75-3306 and amendments thereto; or (4)modify, or when appropriate terminate, an income withholding order consistingin whole or in part of a medical withholding order because of a modification ortermination of the underlying medical child support order.
(b) In addition to modifications required by subsection (a), at any time thesecretary may issue a modified income withholding order: (1) To change theamount to be withheld to defray arrearages; or (2) to conform the terms of amedical withholding order to the requirements of a payer.The provisions of this subsection shall apply only to income withholding ordersissued pursuant to K.S.A. 39-7,147, and amendments thereto,including anymodifications of such orders.
(c) The secretary shall provide notice of any proposed modification to theresponsible parent by only personal service or registered mail, return receiptrequested at least 14 days before entry of themodified income withholding order. The responsible parent may request: (1)An administrative hearing pursuant to K.S.A. 75-3306, and amendments thereto,for review of the proposed modification by complying with proceduresestablished by the secretary within ten days after service of the notice; or(2) a de novo court review pursuant to K.S.A. 39-7,139, andamendments thereto. Ifthe notice is served by mail, the time for requesting review shall be extendedby three days. If the proposed modification increases the total amount to bewithheld from the responsible parent's income, entry of the modified incomewithholding order shall be stayed pending resolution of the review. In allother instances, entry of the proposed modification shall be stayed only forcause. The issues in the administrative hearing shall be limited to whetherthe amount of current support is as statedin the proposed modification and whether the total arrearages are less than theproposed installment to defray arrearages.
(d) The responsible parent may request that the secretary terminate anincome withholding order for cash support if: (1) Withholding has notpreviously been terminated and reinitiated; and (2) there is a writtenagreement among the parties that provides for an alternative arrangement. Ifan income withholding order is terminated and the obligor subsequently accruesany arrearages, the secretary may issue another income withholding order asprovided in K.S.A. 39-7,147 and amendments thereto.
(e) If the income withholding order includes both a medical withholdingorder and an income withholding order for cash support, modification ortermination of one portion of the income withholding order shall not modify orterminate any other portion of the income withholding order except as expresslyprovided in the order.
(f) The provisions of K.S.A. 39-7,147 and amendments thereto,relating totransmitting income withholding orders to the tribunal that issued theunderlying support order, shall apply to any order issued modifying orterminating income withholding that is issued pursuant to this section.
History: L. 1997, ch. 182, § 17; July 3.