Child Support And Life Insurance: Kansas Garnishment Rules

In Kansas, a child support order is a court order that determines which parent must pay child support, the amount to be paid, the payment frequency, and the recipient. While joint custody is the most common form ordered by the courts, both parents are expected to contribute to child support. The parent who spends less time with the child typically pays more, but other factors, such as shared time with the child, may reduce this amount.

In Kansas, child support can be garnished from wages without the need for a court order. However, creditors cannot seize all the money in a person's paycheck, and federal and state laws set limits on how much can be garnished. While retirement funds in an IRA or employer retirement account are generally not subject to attachment, they can be garnished to satisfy child support payments in most states, including Kansas.

Can child support garnish wages in Kansas?

Wage garnishment is a way for creditors to collect a debt by withholding funds directly from your paycheck. In Kansas, some creditors can garnish your wages without filing a lawsuit against you. These include federal and state taxing and/or administrative authorities, court-ordered child support and arrears, and defaulted federal student loans.

In Kansas, child support and alimony recipients can garnish up to 50-60% of disposable income, depending on the circumstances. If the non-custodial parent is more than 12 weeks behind on their payments, an additional 5% may be taken.

Kansas law provides that if you're prevented from working due to illness or the illness of a family member, garnishment is not allowed until two months after recovering.

If you are facing wage garnishment for child support, you can request a hearing to modify or stop the garnishment. You may be able to do this by filing a motion to change the amount of child support or stop it altogether. You can also request a hearing if you believe too much income is being garnished.

If you are facing debt collection lawsuits, judgments, and wage garnishment, you may want to explore debt relief options such as bankruptcy.

Can child support seize bank accounts in Kansas?

In Kansas, child support agencies can take money from your bank account to collect overdue payments. However, they must first obtain a court order. The court order instructs the bank to remove funds from the account until the judgment is collected. The agency is not required to notify you before taking action.

If you are behind on child support payments, the local child support agency has various enforcement tools at their disposal, including:

• Driver's license suspension
• U.S. passport denial
• The intercepting of tax refunds
• Seizure of funds in the parent's bank accounts, including joint bank accounts

It is important to note that certain types of funds are exempt from child support garnishment. These include:

• Supplemental Security Income (SSI)
• State assistance for low-income families
• Unemployment benefits
• Public assistance funds
• Pension payments from the U.S. government

Additionally, if you are the account holder and are not liable for child support, your account cannot be garnished.

If you believe that your bank account has been garnished unfairly or without proper notice, you should seek legal assistance. You may also be able to file a motion to modify or terminate the child support order, especially if there has been a change in circumstances such as a loss of job or a change in the parenting time (custody) of the child.

Can child support intercept tax refunds in Kansas?

In Kansas, if you are behind on child support payments, the state child support enforcement office will likely report this to the Treasury Department as part of the federal Treasury Offset Program. This means that the IRS can take your tax refund and use it to cover the amount you owe in child support. This is often referred to as a tax refund seizure.

The same rule applies to coronavirus stimulus payments. If you are on the Treasury Offset list for unpaid child support, your stimulus check will be reduced by the amount that you owe.

If you are married to someone who owes child support but you are not responsible for the debt, you can file an "Injured Spouse Allocation" form with the IRS. This may allow you to keep your portion of the tax refund.

If you have lost your job or are unable to make your child support payments on time, it is important to take action. Contact your local child support agency for help, or go back to court to see if your payments can be modified based on your current income.

Can child support suspend licenses in Kansas?

In Kansas, the Child Support Services (CSS) division within the Kansas Department for Children and Families is responsible for enforcing child support orders. CSS has several options for enforcing child support payments, including suspending licenses.

CSS can arrange for the suspension of a paying parent's driver's license, professional and vocational licenses, and recreational licenses if they fall more than three months behind on payments. However, if the parent enters into a payment plan and makes all the scheduled payments, their licenses will be restored.

In addition to suspending licenses, CSS can also take other measures to enforce child support orders, such as initiating income withholding orders, intercepting tax returns, and filing contempt proceedings, which can result in monetary fines and jail time.

Can child support deny passports in Kansas?

In Kansas, child support agencies have the authority to deny passports to parents who are behind on their child support payments. This is in accordance with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which allows for the denial, revocation, and restriction of U.S. passports when a parent owes at least $2,500 in past-due support. This program has been successful in collecting past-due support from delinquent parents who wish to travel outside of the country.

The process typically involves the child support agency sending a Pre-Offset Notice to the noncustodial parent, explaining the amount owed and the available remedies for repayment. If the parent's past-due support meets or exceeds the threshold, their name is forwarded to the Department of State, which will deny or revoke their passport application or current passport. The State Department then informs the parent of the denial and provides contact information for the relevant state child support agency.

It is important to note that child support agencies are not required to remove individuals from the program once their past-due amounts fall below $2,500. Instead, the removal is determined by the state's policies and procedures, which may include setting up reasonable payment plans or requiring partial or full payments. To have their passport issued or reinstated, the noncustodial parent must work with the state child support agency to resolve the outstanding balance.

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