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Kansas State Profile

Updated on 28 Jun 2006
Certified on 04 Sep 2007

A. General/State-At-A-Glance

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A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? State Administered/State Operated.
A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? 28 offices
A3. With what types of agencies do you have cooperative agreements? District Court Trustees, Selected County/District Attorney, Private Sector Vendors.
A4. Does your state have statutes setting forth the attorney-client relationship between the state's attorney and the agency only? Yes
A4.1. If so, what is the statutory citation? KSA 39-755, 39-756
A4.2. Did your state have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? No
A4.3. If so, please explain.  

B. UIFSA

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B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? 1994
B2. What is the effective date of your State's Act? 07/1995
B3. What is the statutory citation for your State's Act? KSA 23-9,201 et. seq.
For Additional Information - Click Here
B4. What version of UIFSA has your state implemented (i.e the 1996 or 2001 version)?  
B4.1. If your state has implemented the 2001 version, when was it implemented? 1996
B5. Optional comments regarding your State's UIFSA Act. N/A

C. Reciprocity

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C1. With what foreign countries does your State reciprocate? None.
C1.1. Does your state exercise its option to receive FFP for enforcement of spousal-only orders for foreign reciprocating countries? No
C1.2. If yes, please explain.  
C2. Has your State established reciprocity with any tribal courts? No
C2.1. If yes, list the tribes and identify services provided, if less than full services.  

D. Age of Majority

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D1. What is the age of majority in your State? 18 years of age.
D2. What is the statutory cite for the age of majority? K.S.A. 60-1610(a)
For Additional Information - Click Here
D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. Current support is proportionately reduced as each child emancipates, for example: Current support is set at $300 per month for 3 children. When the first child emancipates the current support is reduced to $200 per month. Support automatically extended through June 30 of the school year (July 1 - June 30) during which child turns 18, unless court specifically orders otherwise; on motion, court has discretion to extend through the school year in which the child turns 19, but only if both parents participate or acquiesce in the decision that delayed completion of high school.
D4. Does the date of the order impact what law is applied? No
D4.1. If so, please explain.  
D5. Does child support end if the child leaves the household but does not emancipate? No
D5.1. Optional comments regarding emancipation. See D-3 regarding prorating child support.
D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? Yes
D6.1. If so, please explain.  
D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates?  
D7.1. If yes, please describe the procedure.  

E. Statute of Limitations

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E1. What is your State's statute of limitations for collection of past due support? Generally, installments due after 7/1/81 are enforceable until 2 years after child is emancipated. With appropriate actions, enforcement may be extended indefinitely. Installments due before 7/1/81 may be enforceable, but require case by case determination. In a proceeding for arrearages, the statute of limitation under the laws of Kansas or of the state issuing the order, whichever is longer, applies.
E2. What is your State's statute of limitations for paternity establishment? 18 years of age.
E3. Is dormancy revival/renewal possible? Yes
E3.1. Please explain the circumstances when possible, and the length of time possible. Generally dormant judgements may be revived anytime before 2 years following the emancipation of the child.

F. Support Details

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F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? Shared income model.
F2. Does your State charge interest on missed arrears? No
F2.1. If yes, please indicate the amount of interest charged and any related conditions. Kansas does not charge interest on missed payments but Kansas law provides for the assessment and collection of judgment interest. However, the Kansas IV-D program does not calculate or enforce judgment interest.
F3. Does your State charge interest on retroactive support? Yes
F3.1. If yes, please indicate the amount of interest charged and any related conditions. From date of judgement.
F4. Does your State charge interest on adjudicated arrears? No
F4.1. If yes, please indicate the amount of interest charged and any related conditions. Kansas does not charge interest on adjudicated arrers but Kansas law provides for the assessment and collection of judgment interest. However, the Kansas IV-D program does not calculate or enforce judgment interest. See F2.1
F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? Yes
F5.1. If so, under what circumstances? Only if the debt has been reduced to a sum certain judgment.
F6. Have you elected to recover costs or charge fees in your State Plan? Yes
F6.1. If yes, what costs are recovered from/fees charged to the obligee? 4% charged to the obligee.
F6.2. What costs are recovered from/fees charged to the obligor? None from the obligor.
F7. Does your State recover costs on behalf of the initiating State? Yes
F7.1. Optional comments regarding recovering of initiating State's fees.  
F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. K.S.A 60-308; K.S.A. 23-9,201 (UIFSA)
For Additional Information - Click Here
F9. Does your State establish, enforce, or modify spousal maintenance orders? Yes
F9.1. If yes, under what circumstances? Establish: No Enforce: Yes, if in conjunction with a child support order. Modify: No
F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? No
F10.1. Optional comments regarding required information on spouse or partner.  

G. Income Withholding

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G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? Income withholding Order (IWO)
G2. What specific source of income is not subject to withholding? Any amounts required by law to be withheld, other than creditor claims, including but not limited to federal and state taxes, social security tax and other retirement and disability contributions; any amounts exempted by federal law; public assistance payments; unemployment insurance benefits.
For Additional Information - Click Here
G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? No
G3.1. If yes, what are those limits?  
G4. What is the allowable fee per pay period for processing income withholding payments? $5 per day period or $10 per month, whichever is less.
G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? Within 14 days of the date the obligor is normally paid.
G6. What is the date by which an employer must remit amounts withheld from an employee's pay? 7 business days from the date the obligor is normally paid.
G7. What are your State's procedures for sanctioning employers for not implementing income withholding? Recipient or support enforcement agency may bring civil action against employer.
G8. What is the penalty to an employer for failure to remit payments withheld? Possible penalty of 3 times the amount due.
G9. Does your State allow direct income withholding of unemployment insurance benefits across State lines? No
G9.1. Optional comments regarding direct withholding of UI benefits across State lines. Must use state debt set-off procedures. Contact central registry for procedures.
G10. Does your State allow direct income withholding of workers' compensation benefits across State lines? Yes
G10.1. Optional comments regarding direct withholding of WC benefits across State lines.  
G11. How does an obligor contest income withholding in your State? Obligor may request hearing.
G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). IWO treated equally.
G12.1. If an employer in your State receives more than one income withholding order for child support from other States, can the employer request your assistance? Yes
G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. see website: http://www.srskansas.org/cse/iwo/
For Additional Information - Click Here
G13. Does your state require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?  
G14. When does your state require the employer to send notice of an employee's termination?  
G15. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?  
G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State?  
G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?  
G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? Yes to any "payor" of incomes as defined in KSA 23-4, 106. No to Bureau of Workers Compensation. No to Unemployment Compensation.
G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. Current child support must be paid first.

H. Paternity

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H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? Yes
H1.1. If yes, please explain. However, state agency does not represent the custodial parent on issues of custody and visitation.
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? 97%
H3. Optional comments regarding paternity acknowledgment conclusive legislation.  
H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? 07/01/1997
H4.1. Were acknowledgments prior to that effective date rebuttable? Yes
H4.2. Optional comments regarding paternity acknowledgments prior to that date.  
H5. Does marriage constitute a rebuttable presumption of paternity? Yes
H5.1. How is the presumption rebutted? Genetic tests.
H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? No
H6.1. If not, briefly explain. Creates presumption of paternity only. Is only conclusive for chldren born on or after 07/01/1997.
H7. Does your State have any other paternity-related presumptions? Yes
H7.1. If yes, briefly explain. K.S.A. 38-1114 a)marriage to the mother within 300 days of the birth of the child. b)acknowledgement in writing. c)name on birth certificate with consent. d)written voluntary promise to provide support. e)notarized recognition of paternity.
H8. Does your State have a putative fathers' registry? Yes
H8.1. If so, what is the name of that entity? No names registered since inception in 1993.
H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? Yes
H9.1. Please describe any circumstances under which these fees may be waived. None
H10. Is common law marriage recognized in your State? Yes
H10.1. If yes, briefly describe the standard that defines common law marriage. Elements of common-law marriage are capacity of parties to marry, present marriage agreements between parties, and holding out of each other as husband and wife to public.
H10.2. When did your current common law standard go into effect? 1901
H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? None
H11. When the custodial parent and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) As allowed by UIFSA
H12. Please give the cite for your State's long arm statute and list any special provisions. K.S.A. 60-308; K.S.A. 23-9,201 (UIFSA)
For Additional Information - Click Here
H13. Does your State recover genetic testing costs for other States? Yes
H13.1. If so, please explain.  
H14. Are there any other documents that are required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? Yes, an acknowledgment of paternity is required unless parents are married at the time of birth.
H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity?  
H16. If there is more than one child with the same custodial parent, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?  

I. Support Order Establishment

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I1. Does your State use an administrative or a judicial process to establish a support obligation? Judicial only.
I1.1. If your State can establish under both, under what circumstances would the administrative process be used?  
I1.2. Under what circumstances would the judicial process be used?  
I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures.  
For Additional Information - Click Here
I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) Custodial parents.
I3. What criteria for rebutting your presumptive guidelines have been established in your State? May be rebutted by clear and convincing evidence to the appropriate tribunal. Discretionary upon court.
I4. Will your State establish support orders for prior periods? Yes
I4.1. If so, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? Judicial discretion.
I4.2. What information or documentation does your State require to proceed? Affidavit of expenses.
I4.3. Will your State allow a petition for support when the only issue is retroactive support? Yes
I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify.  
I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support?  
I6. What is your State's statutory authority for the administrative process?  
For Additional Information - No Link Provided
I7. Is there a local State law that allows the interstate administrative subpoena?  
I8. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?  
I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended?  
I10. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases?  
I11. When your state has issued an order that reserves support, and now child support should be ordered, should the other state request an establishment or a modification action?  

J. Support Enforcement

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J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e, judicial, administrative, or both?  
J1.1. Are your State income tax refund procedures judicial, administrative, or both? Administrative.
J2. Is the lien process in your State judicial, administrative or both? Judicial.
J2.1. What are the trigger criteria for filing a lien? Unpaid installment (full or partial.
J2.2. Where is your State liens filed? County.
J2.3. Does your State charge a fee for filing a lien? Yes
J2.4. If so, please indicate the amount. $5.00 page
J.3. Does your State enforce property seizure and sale? Yes
J3.1. Are the property seizure and sale procedures judicial, administrative, or both? Judicial process. Attachment by process server and execution upon order of the court.
J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? Judicial.
J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? When case become delinquent.
J4.2. Does your State's income withholding definition include amounts in financial institutions? No
J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? Yes
J4.3.1 If so, who notifies the NCP, the State or Financial Institution? Currently notice is sent to obligor by court.
J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? After assets are frozen.
J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? No minimum delinquency amount. 30 day delinquency. No accounts exempted.
J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure?  
J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? 60 days. Financial institution can petition the court after 60 days to determine what to do with assets.
J5.3. 1. If yes, please provide the time frame.  
J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize?  
J5.4.1. If yes, please provide the percentage.  
J5.4.2 . Is the percentage different for joint accounts?  
J5.4.3. If yes, please provide the amount.  
J5.5. Does your state require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so please provide the amount.  
J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution?  
J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action?  
J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your state child support agency or court to challenge the Freeze and Seize action?  
J5.9. On what basis can an obligor and/or other account holder challenge/contest a freeze and seize action?  
J5.10. Is your State's complaint review process judicial, administrative or both? Judicial.
J5.11. What are your State's penalties for incorrect seizures? Because KS uses a judicial garnishment procedure, there may be cause of action for an obligor if the garnishment or attachment is wrongful.
J5.12. Is the second challenge administrative, judicial or both?  
J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? 10 days. No unique requirements. Non-debtor has appeal rights.
J5.14. Is the Freeze and Seize operation in your state centralized or automated? Not centalized. Not automated.
J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? None.
J5.16. Has your state established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action?  
J5.16.1. If yes, what is the amount?  
J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)?  
J5.17.1 If yes, please provide the state authority and the procedures Financial Institutions should follow to liquidate non-liquid assets.  
J5.18. Does your state law/policy instruct the Financial Institution or state to hold the frozen assets during the challenge/appeal time frame and/or freeze period?  
J5.19. How long does the Financial Institution have to send the obligor's assets to your state child support enforcement agency?  
J5.19.1 . If yes, please define.  
J6. Does your state withhold state funds or benefits? Yes
J6.1. If yes, is the method of withholding state benefits judicial, administrative, or both? Administrative process. Process is through state debt setoff process which includes tax rebates, lottery winnings, unemployment and other state funds.
J7. Please describe any other administrative enforcement procedures your state may have.  
J8. Please describe any other judicial enforcement procedures your state may have. IWO, garnishment and contempt.
J9. If your state has established specific procedures for registering administrative liens, what are the procedures that another state must follow? None established
For Additional Information - Click Here
J10. Which of our state's enforcement remedies are available without registration? State debt set-off.
J11. Describe your state's registration and enforcement procedures. See UIFSA laws, enforce the same as any Kansas order, IV-D enforcement done exclusively under UIFSA.
J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. None
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? No
J13.1. If yes, please provide the statutory citation.  
For Additional Information - Click Here
J14. Does your state's law require financial institutions doing business in your state to accept Freeze and Seize actions directly from other states? No.
J14.1. If no, describe the process for a Freeze and Seize action from another state's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). Transmittal number 1 with all appropriate documents i.e. certified copy of orders, registration statement
J15. Does your state use credit bureau reporting as an enforcement method?  
J16. Provide which credit bureaus your state report an obligor's child support information?  
J17. Is the method for credit bureau reporting judicial, administrative or both?  
J18. In an interstate case, does your state report an obligor's child support information to credit bureaus when it is the initiating state, the responding state, or both?  
J19. What are your state's criteria for reporting an obligor's child support information to credit bureaus?  

K. Modification and Review/Adjustment

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K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? As required by federal regulations.
K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? As required by federal regulations.
K3. Briefly describe your State's modification procedure. Central registry screens transmittals requesting review and modification, verifies employment, refers case to attorney, and sends acknowledgment and referral data to initiating state; if modification of another state's order is sought, the order must first be registered (an order of another state cannot be modified if that state has CEJ over the order unless all of the individual parties have filed a written consent in the issuing tribunal); for modification of a Kansas order, the attorney will file a motion to modify, serving a copy on all parties; if hearing is needed, court will determine whether there has been a material change of circumstances since last order; guidelines will be applied; adjustment is permitted if in child's best interests; a Kansas support order is automatically reduced by child's pro rata share when a child is emancipated, dies, is adopted, or goes to live (permanently) with obligor.
K4. What are your criteria for modification (e.g., $50 or 20% from present order)? Change in circumstance of 10% increase/decrease.
K5. Which of the following criteria for demonstrating a change in circumstances apply, if any?  
K5.1. The earnings of the obligor have substantially increased or decreased. Yes
K5.2. The earnings of the obligee have substantially increased or decreased. Yes
K5.3. The needs of a party or the child(ren) have substantially increased or decreased. Yes
K5.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. No
K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. Yes
K5.6. There has been a substantial change in child care expenses. Yes
K5.7. What other criteria does your state use for demonstrating a change in circumstances or comments regarding change of circumstances? Based on financial circumstances of parties.
K6. Does your State have cost of living adjustments (COLAs)? No
K6.1. If so, what index does your State use?  
K7. How does your state credit SSA disability to current and past due support? To current support only.
K8. Does your state abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc.  
K8.1. If so, please explain the situation?  
K8.2. What is the statutory cite for your abatement law? Case Law Brady vs Brady 225 Kansas-485, 592 P.2d 865 (1979) Matter of Marriage of Pear, 244 KAN. 662, 772 P.2d 775(1989)
For Additional Information - No Link Provided
K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.  
K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.  
K9. What information is required to register an out-of-state order for enforcement/modification?  

L. Lump Sum Payments

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L1. Does your state define a lump sum payment? No
L1.1 If yes, please provide your state's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)?  
L1.2 Provide the statutory citation.  
For Additional Information - No Link Provided
L2. Does your state law require employers to report lump sum payments? No
L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information.  
L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? No
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?  
L4. How are employers instructed to report a pending lump sum?  
L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum.  
L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent?  
L7. Does your state use the income withholding order to attach the lump sum payment?  
L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum?  
L8. Does your state use the lien/levy process to attach the lump sum payment? No
L8.1 If yes, what is the name of the document your state uses to attach lump sum payment?  
L9. What other documents does your state use to attach lump sum payments?  
L10. Does your state require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? Yes
L10.1 If yes, what are those limits?  
For Additional Information - No Link Provided
L10.2 If no, what percentage is the employer required to withhold?  
L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? No
L11.1 If yes, would the employer only withhold for that period's obligation?  
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