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Section 23-3107 – Modification or termination of withholding order, when; notice; medical withholding order

May 13, 2021 | Family Law, Kansas

This section shall not apply if the income withholding order was issued by the IV-D agency pursuant to K.S.A. 39-7,147 or 39-7,148, and amendments thereto, unless IV-D services are no longer being provided with respect to either current support or arrearages.

(a) At any time upon motion the court shall:

(1) Modify or terminate the income withholding order because of a modification or termination of the underlying order for support;
(2) modify the amount of income withheld to reflect payment in full of the arrearage by income withholding or otherwise; or
(3) modify, or when appropriate terminate, an income withholding order consisting in whole or in part of a medical withholding order because of a modification or termination of the underlying medical child support order.
(b) On request of the obligee or public office, the court shall issue an order which modifies the amount of income withheld, subject to the limitations of subsection (f) of K.S.A. 2020 Supp. 23-3104, and amendments thereto.
(c) The obligor may file a motion to terminate an income order for cash support if:

(1) The withholding order has not previously been terminated under this subsection and subsequently initiated; and
(2) there is a written agreement among all interested parties which provides for an alternative arrangement. Under this subsection, the court may terminate the income withholding order unless it finds good cause for denying the motion because of the obligor’s payment history or otherwise. If an income withholding order is terminated for any reason and the obligor subsequently becomes delinquent in the payment of the order for support, the obligee or public office may obtain another income withholding order by complying with all requirements for notice and service pursuant to this act.
(d) If the income withholding order includes both a medical withholding order and an income withholding order for cash support, modification or termination of one portion of the income withholding order shall not modify or terminate any other portion of the income withholding order except as expressly provided by the court.
(e) If support payments are undeliverable to the obligee, any such payments shall be held in trust by the court until the payments can be delivered.
(f) The clerk of court shall cause to be served on the payor a copy of any order entered pursuant to this section that affects the duties of the payor.

K.S.A. 23-3107

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.