23-4,120. Same; withholding order; issuance. - Kansas Statutes

23-4,120

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

      23-4,120.   Same; withholding order; issuance.(a) If, at the time a medical child support order requiringenrollment of a child in a health benefit plan is entered, the participatingparent is also subject to a new or existing income withholding order, the courtupon request and without further notice or hearing, shall include in the incomewithholding order a medical withholding order.

      (b)   If, at the time a medical child support order requiring enrollment of achild in a health benefit plan is entered, the participating parent is nototherwise subject to an income withholding order, the court upon request andwithout further notice or hearing shall enter a medical withholding order forthe participating parent, except for good cause shown pursuant to subsection(j) of K.S.A. 23-4,107 and amendments thereto.

      (c)   Except as otherwise provided in this subsection, at any time after amedical child support order requiring enrollment of a child in a health benefitplan is entered, the court upon motion shall enter an income withholding orderconsisting in whole or in part of a medical withholding order. In Title IV-Dcases, the court may deny the motion only if: (1) The participating parent isnot otherwise subject to an income withholding order, and (2) the provisions ofsubsection (j) of K.S.A. 23-4,107 and amendments thereto have beenmet. In all other cases the court may grant or deny the motion afterconsidering the following factors: (1) The medical needs of the child; (2)whether the participating parent has attempted to promptly comply with themedical child support order; and (3) any other relevant factor. Nothing in thissubsection shall preventor delay entry of an income withholding order pursuant to subsection (c) ofK.S.A. 23-4,107 and amendments thereto.

      History:   L. 1994, ch. 301, § 15; July 1.