44-514. Payments not assignable; exception, orders for support.
44-514
44-514. Payments not assignable; exception, orders for support.(a) Except as provided in subsection (b), K.S.A 23-4,146 or the incomewithholding act and amendments thereto, no claim for compensation, orcompensation agreed upon, awarded,adjudged, or paid, shall be assignable or subject to levy, execution,attachment, garnishment, or any other remedy or procedure for the recoveryor collection of a debt, and this exemption cannot be waived.
(b) Claims for compensation, or compensation agreed upon, adjudged orpaid, which are paid to a worker on a weekly basis or by lump sum shall besubject to enforcement of an order for support by means of voluntary orinvoluntary assignment of a portion of the compensation.
(1) Any involuntary assignment shall be obtained by motion filed withinthe case which is the basis of the existing order of support.
(A) Any motion seeking an involuntary assignment of compensation shall beserved on the claimant and the claimant's counsel to the workers compensationclaim, if known, the motion shall set forth:
(i) The amount of the current support order to be enforced;
(ii) the amount of any arrearage alleged to be owed under the supportorder;
(iii) the identity of the payer of the compensation to the claimant, ifknown; and
(iv) whether the assignment requested seeks to attach compensation forcurrent support or arrearages or both.
(B) Motions for involuntary assignments of compensation shall be granted.The relief granted for:
(i) Current support shall be collectible from benefits paid on a weeklybasis but shall not exceed 25% of the workers gross weekly compensationexcluding any medical compensation and rehabilitation costs paid directly toproviders.
(ii) Past due support shall be collectible from lump-sum settlements,judgments or awards but shall not exceed 40% of a lump sum, excluding anymedical compensation and rehabilitation costs paid directly to providers.
(2) In any proceeding under this subsection, the court may also considerthe modification of the existing support order upon proper notice to the otherinterested parties.
(3) Any order of involuntary assignment of compensation shall be servedupon the payer of compensation and shall set forth the:
(A) Amount of the current support order;
(B) amount of the arrearage owed, if any;
(C) applicable percentage limitations;
(D) name and address of the payee to whom assigned sums shall be disbursedby the payer; and
(E) date the assignment is to take effect and the conditions fortermination of the assignment.
(4) For the purposes of this section, "order for support" means any orderof any Kansas court, authorized by law to issue such an order, which providesfor the payment of funds for the support of a child or for maintenance of aspouse or ex-spouse,and includes such an order which provides for payment of anarrearage accrued under a previously existing order and reimbursement orders,including but not limited to, an order established pursuant to K.S.A. 39-718aand amendments thereto; K.S.A. 39-718b and amendments thereto; or an orderestablished pursuant to the uniforminterstate family support act and amendmentsthereto.
(5) For all purposes under this section, each obligation to pay childsupport or order for child support shall be satisfied prior to satisfaction ofany obligation to pay or order for maintenance of a spouse or ex-spouse.
History: L. 1927, ch. 232, § 14;L. 1993, ch. 286, § 41;L. 1997, ch. 182, § 72; July 3.