23-4,111. Modification or termination of withholding order, when; notice; medical withholding order. - Kansas Statutes

23-4,111

Chapter 23.--DOMESTIC RELATIONS Article 4.--ENFORCEMENT OF SUPPORT

      23-4,111.   Modification or termination of withholding order, when; notice;medical withholding order.This section shall not apply if the income withholding order was issued bythe IV-D agency pursuant to K.S.A. 39-7,147 or 39-7,148 andamendments thereto, unlessIV-D services are no longer being provided with respect to either currentsupport or arrearages.

      (a)   At any time upon motion the court shall: (1) Modify orterminate theincome withholding order because of a modification or termination oftheunderlying order for support; (2) modify the amount of income withheldtoreflect payment in full of the arrearage by income withholding orotherwise; or (3) modify, or when appropriate terminate, an incomewithholding order consisting in whole or in part of a medical withholding orderbecause of a modification or termination of the underlying medical childsupport order.

      (b)   On request of the obligee or public office, the court shall issuean order which modifies the amount of income withheld, subject to thelimitations of subsection (f) of K.S.A. 23-4,108 andamendments thereto.

      (c)   The obligor may file a motion to terminate anincome orderfor cash support if: (1) The withholding order has not previously beenterminated under this subsection and subsequently initiated; and (2) there is awritten agreement among all interested parties which provides for analternativearrangement. Underthis subsection, the court mayterminate theincome withholding order unless it finds good cause for denying the motionbecause ofthe obligor's payment history or otherwise. If an income withholdingorder isterminated for any reason and the obligor subsequently becomes delinquentin the payment of the order for support, the obligee or public office mayobtain another income withholding order by complying withall requirements fornotice and service pursuant to this act.

      (d)   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 by the court.

      (e)   If support payments are undeliverable to the obligee, any suchpayments shall be held in trust by the court until the payments can bedelivered.

      (f)   The clerk of court shall cause to be served on the payora copy of any order entered pursuant to this section that affects the duties ofthe payor.

      History:   L. 1985, ch. 115, § 7;L. 1986, ch. 137, § 14;L. 1992, ch. 254, § 5;L. 1994, ch. 301, § 24;L. 1997, ch. 182, § 28; July 3.