Session of 2000
By Senator Salisbury
By Request

10             AN  ACT concerning civil procedure; relating to garnishment; award of
11             attorney fees and expenses in enforcement of orders of support;
12             amending K.S.A. 1999 Supp. 60-721 and repealing the existing section.
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 1999 Supp. 60-721 is hereby amended to read as
16       follows: 60-721. (a) Upon determination of the issues, either by admis-
17       sions in the answer or reply, or by default, or by findings of the court on
18       controverted issues, judgment shall be entered fixing the rights and lia-
19       bilities of all the parties in the garnishment proceedings: (1) By deter-
20       mining the liability of garnishee upon default,; or (2) discharging the
21       garnishee,; or (3) making available to the satisfaction of the claim of the
22       plaintiff any indebtedness due from the garnishee to the defendant or
23       any property in the hands of the garnishee belonging to the defendant,
24       including ordering the payment of money by the garnishee into court, or
25       the impoundment, preservation and sale of property as provided for the
26       disposition of attached property,; or (4) rendering judgment against the
27       garnishee for the amount of his or he such garnishee's indebtedness to
28       the defendant or for the value of any property of the defendant held by
29       the garnishee, and; (5) if the answer of a garnishee is controverted without
30       good cause, the court may award the garnishee judgment against the party
31       controverting such answer damages for his or her the garnishee's ex-
32       penses, including reasonable attorneys' attorney fees, necessarily incurred
33       in substantiating the same; and (6) if the garnishment proceeding is for
34       the purpose of enforcing an order of support of any person, the court may
35       award the plaintiff an amount for the plaintiff's expenses, including at-
36       torney fees, if such expenses and attorney fees, could have been awarded
37       in the proceeding determining the order for support.
38             (b) When judgment is entered in garnishment proceedings for the
39       purpose of enforcing an order of any court for the support of any person
40       and the court finds that a continuing order of garnishment is necessary
41       to insure payment of a court order of support, the court may issue a
42       continuing order of garnishment to allow any indebtedness that will be-
43       come due from the garnishee to the defendant because of an employer-


  1       employee relationship to be made available to the plaintiff on a periodic
  2       and continuing basis for so long as the court issuing the order may de-
  3       termine or until otherwise ordered by such court in a further proceeding.
  4       No order may be made pursuant to this subsection (b) unless the court
  5       finds that the defendant is in arrearage of a court order for support in an
  6       amount equal to or greater than one year of support as ordered and the
  7       defendant receives compensation from his or her the defendant's em-
  8       ployer on a regular basis in substantially equal periodic payments. On
  9       motion of a defendant who is subject to a garnishment order pursuant to
10       this subsection (b), the court for good cause shown may modify or revoke
11       any such order.
12             (c) All orders and judgments in any garnishment proceeding shall be
13       subject to the provisions of K.S.A. 1999 Supp. 60-727 and amendments
14       thereto. 
15       Sec.  2. K.S.A. 1999 Supp. 60-721 is hereby repealed.
16        Sec.  3. This act shall take effect and be in force from and after its
17       publication in the statute book.