Session of 2000
By Committee on Ways and Means

10             AN  ACT concerning the uniform interstate family support act; amending
11             K.S.A. 23-9,602 and 23-9,612 and K.S.A. 1999 Supp. 23-9,313, 23-
12             9,502, 23-9,503, 23-9,605 and 23-9,606 and repealing the existing
13             sections.
15       Be it enacted by the Legislature of the State of Kansas:
16             Section  1. K.S.A. 1999 Supp. 23-9,313 is hereby amended to read as
17       follows: 23-9,313. (a) The petitioner may not be required to pay a filing
18       fee or other costs.
19             (b) If an obligee prevails, a responding tribunal may assess against an
20       obligor filing fees, reasonable attorney fees, other costs and necessary
21       travel and other reasonable expenses incurred by the obligee and the
22       obligee's witnesses. The tribunal may not assess fees, costs or expenses
23       against the obligee or the support enforcement agency of either the ini-
24       tiating or the responding state, except as provided by other law. Attorney
25       fees may be taxed as costs, and may be ordered paid directly to the at-
26       torney, who may enforce the order in the attorney's own name. Payment
27       of support owed to the obligee has priority over fees, costs and expenses.
28             (c) The tribunal may shall order the payment of costs and reasonable
29       attorney fees if it determines that a hearing was requested primarily for
30       delay. In a proceeding under K.S.A. 23-9,601 through 23-9,613, and
31       amendments thereto, a hearing is presumed to have been requested pri-
32       marily for delay if a registered support order is confirmed or enforced
33       without change.
34             Sec.  2. K.S.A. 1999 Supp. 23-9,502 is hereby amended to read as
35       follows: 23-9,502. (a) Upon receipt of an income withholding order, the
36       obligor's employer shall immediately provide a copy of the order to the
37       obligor.
38             (b) The employer shall treat an income withholding order issued in
39       another state which appears regular on its face as if it had been issued by
40       a tribunal of this state.
41             (c) Except as otherwise provided in subsection (d) and K.S.A. 1999
42       Supp. 23-9,503 and amendments thereto the employer shall withhold and
43       distribute the funds as directed in the withholding order by complying


  1       with terms of the order which specify:
  2             (1) The duration and amount of periodic payments of current child
  3       support, stated as a sum certain;
  4             (2) the person or agency designated to receive payments and the ad-
  5       dress to which the payments are to be forwarded;
  6             (3) medical support, whether in the form of periodic cash payment,
  7       stated as a sum certain, or ordering the obligor to provide health insurance
  8       coverage for the child under a policy available through the obligor's
  9       employment;
10             (4) the amount of periodic payments of fees and costs for a support
11       enforcement agency, the issuing tribunal, and the obligee's attorney,
12       stated as sums certain; and
13             (5) the amount of periodic payments of arrearages and interest on
14       arrearages, stated as sums certain.
15             (d) An employer shall comply with the law of the state of the obligor's
16       principal place of employment with that employer for withholding from
17       income with respect to:
18             (1) The employer's fee for processing an income withholding order;
19             (2) the maximum amount permitted to be withheld from the obligor's
20       income; and
21             (3) the times within which the employer must implement the with-
22       holding order and forward the child support payment.
23             Sec.  3. K.S.A. 1999 Supp. 23-9,503 is hereby amended to read as
24       follows: 23-9,503. If an obligor's employer receives multiple income with-
25       holding orders with respect to the earnings of the same obligor, the em-
26       ployer satisfies the terms of the multiple orders if the employer complies
27       with the law of the state of the obligor's principal place of employment
28       with that employer to establish the priorities for withholding and allocat-
29       ing income withheld for multiple child support obligees.
30             Sec.  4. K.S.A. 23-9,602 is hereby amended to read as follows: 23-
31       9,602. (a) A support order or income withholding order of another state
32       may be registered in this state by sending the following documents and
33       information to the responding appropriate tribunal in this state:
34             (1) A letter of transmittal to the tribunal requesting registration and
35       enforcement;
36             (2) two copies, including one certified copy, of all orders to be reg-
37       istered, including any modification of an order;
38             (3) a sworn statement by the party seeking registration or a certified
39       statement by the custodian of the records showing the amount of any
40       arrearage;
41             (4) the name of the obligor and, if known:
42             (A) The obligor's address and social security number;
43             (B) the name and address of the obligor's employer and any other


  1       source of income of the obligor; and
  2             (C) a description and the location of property of the obligor in this
  3       state not exempt from execution; and
  4             (5) the name and address of the obligee and, if applicable, the agency
  5       or person to whom support payments are to be remitted.
  6             (b) On receipt of a request for registration, the registering tribunal
  7       shall cause the order to be filed as a foreign judgment, together with one
  8       copy of the documents and information, regardless of their form.
  9             (c) A petition or comparable pleading seeking a remedy that must be
10       affirmatively sought under other law of this state may be filed at the same
11       time as the request for registration or later. The pleading must specify
12       the grounds for the remedy sought.
13             Sec.  5. K.S.A. 1999 Supp. 23-9,605 is hereby amended to read as
14       follows: 23-9,605. (a) When a support order or income withholding order
15       issued in another state is registered, the registering tribunal shall notify
16       the nonregistering party. Notice shall be only by personal service or reg-
17       istered mail, return receipt requested. The notice must be accompanied
18       by a copy of the registered order and the documents and relevant infor-
19       mation accompanying the order.
20             (b) The notice must inform the nonregistering party:
21             (1) That a registered order is enforceable as of the date of registration
22       in the same manner as an order issued by a tribunal of this state;
23             (2) that a hearing to contest the validity or enforcement of the reg-
24       istered order must be requested within 20 days after the date of mailing
25       or personal service of the notice;
26             (3) that failure to contest the validity or enforcement of the registered
27       order in a timely manner will result in confirmation of the order and
28       enforcement of the order and the alleged arrearages and precludes fur-
29       ther contest of that order with respect to any matter that could have been
30       asserted; and
31             (4) of the amount of any alleged arrearages.
32             (c) Upon registration of an income withholding order for enforce-
33       ment, the registering tribunal shall notify the obligor's employer pursuant
34       to the income withholding act, K.S.A. 23-4,105 et seq. and amendments
35       thereto.
36             Sec.  6. K.S.A. 1999 Supp. 23-9,606 is hereby amended to read as
37       follows: 23-9,606. (a) A nonregistering party seeking to contest the validity
38       or enforcement of a registered order in this state shall request a hearing
39       within 20 days after the date of mailing or personal service of notice of
40       the registration. The nonregistering party may seek to vacate the regis-
41       tration, to assert any defense to an allegation of noncompliance with the
42       registered order, or to contest the remedies being sought or the amount
43       of any alleged arrearages pursuant to K.S.A. 23-9,607 and amendments


  1       thereto (contest of registration or enforcement).
  2             (b) If the nonregistering party fails to contest the validity or enforce-
  3       ment of the registered order in a timely manner, the order is confirmed
  4       by operation of law.
  5             (c) If a nonregistering party requests a hearing to contest the validity
  6       or enforcement of the registered order, the registering tribunal shall
  7       schedule the matter for hearing and give notice to the parties of the date,
  8       time and place of the hearing.
  9             Sec.  7. K.S.A. 23-9,612 is hereby amended to read as follows: 23-
10       9,612. A tribunal of this state shall recognize a modification of its earlier
11       child support order by a tribunal of another state which assumed juris-
12       diction pursuant to this act or a law substantially similar to this act and,
13       upon request, except as otherwise provided in this act, shall:
14             (a) Enforce the order that was modified only as to amounts accruing
15       before the modification;
16             (b) enforce only nonmodifiable aspects of that order;
17             (c) provide other appropriate relief only for violations of that order
18       which occurred before the effective date of the modification; and
19             (d) recognize the modifying order of the other state, upon registra-
20       tion, for the purpose of enforcement. 
21       Sec.  8. K.S.A. 23-9,602 and 23-9,612 and K.S.A. 1999 Supp. 23-
22       9,313, 23-9,502, 23-9,503, 23-9,605 and 23-9,606 are hereby repealed.
23        Sec.  9. This act shall take effect and be in force from and after its
24       publication in the statute book.