Income Withholding consists of the employer withholding money from the Obligor's paycheck in accordance with an order of the court. Kansas law provides that after July 1, 1993, all new or modified orders for support shall provide for immediate issuance of an income withholding order. The type of order and the language within affects the timing of the implementation of the income withholding order. Absent a specific order of the court, arrears will be collected at 30% of the current support. Arrears collections will increase as children emancipate, absent an order of the court stating otherwise.
Employers are allowed time to implement income withholding into their payroll system. Therefore, it may take anywhere from 45 to 60 days for the first check to arrive in this office after the initiation of a new income withholding order. Obligors are advised to pay their support through the Kansas Payment Center until such time as deductions begin from their earnings.
By statute, support must be deducted evenly among the pay-periods of the employee. Once the employer begins remitting payments, those payments will usually fall into a pattern of paying monthly, bi-weekly, semi-monthly, or weekly. All payments are made through the Kansas Payment Center (KPC).
The court order is $500.00 monthly:
(1) If the obligor is paid weekly, we multiply $500.00 by 12 (the months in the year) and then divide it by 52 weeks to get the weekly pay amount of $115.38.
(2) If the obligor is paid bi-weekly (every other week--26 paydays a year), we multiply $500.00 by 12 (months in the year) and then divide it by 26 to get the bi-weekly amount of $230.77.
(3) If the obligor is paid semi-monthly (1st & the 15th etc...24 paydays a year) we multiply $500.00 by 12 (months of the year) and divide it by 24 to get the semi-monthly amount of $250.00.
If, after receiving support on a regular basis through income withholding, a check is not received within 7 days of normal receipt, please notify this office in writing. You may email the income withholding directly at: firstname.lastname@example.org . Upon receipt of your written inquiry, the reason for delinquency will be investigated.
The Income Withholding order requires the employer to deduct a designated amount of money each pay period. In compliance with section 303 (b) of the Consumer Protection Act (15 U.S.C. 1673 (b)) the total amount deducted from each pay period will be limited to 50%-65% of the Obligor's disposable income.
Orders to Appear:
Obligors who do not make support payments as ordered may be served with a Order to Appear for failure to pay support. Service is generally attempted through the Johnson County Sheriff. If the Obligor is living outside the jurisdiction of the Johnson County Sheriff, service may be made by the Sheriff in the county in which the Obligor lives (if in Kansas). In some instances orders are also served by Special Process Server.
When served with the Order to Appear, the Obligor is given a hearing date and is ordered to appear before the Court who will review the payment record. These hearings take place before the Hearing Officer in the Johnson County Courthouse, room 336. Also appearing will be an attorney from the Court Trustee's office representing the Court's support order. The Obligee in the matter is encouraged to attend, but is not required to do so.
The Hearing Officer, after hearing statements from the Court Trustee, the Obligor and any other parties to the case, may enter orders in the matter as deemed appropriate for the case. Such orders may include, but are not limited to: ordering additional payments to liquidate arrears, execution of income withholding orders, instructing the Obligor to seek employment or unemployment benefits. The Hearing Officer usually sets another court date and the Obligor is ordered to reappear before the Court for review of the case. The Court may alternatively consider a jail sentence for non-payment.
If the Obligor has been personally served with an Order to Appear and fails to appear for the Court hearing, a warrant for an arrest may be issued.