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 Court Trustee is charged with the responsibility of implementing income withholding in Sedgwick County and ensuring its success. Since use of this remedy results in regular child support payments for as long as the obligor remains at one place of employment, it is the remedy of choice. The Court Trustee sends an income withholding order to the obligor’s employer or other payor of income. The employer or income payor withholds money from the obligor’s paycheck or income source in accordance with the support order and forwards it to the Kansas Payment Center for disbursement to the obligee. An obligor can sign a voluntary request for income withholding by contacting the Clerk of the District Court, Family Law Department, or the Court Trustee’s Office.
The employer receives instructions from the Court Trustee to start withholding during the first pay period 14 days after being served with the withholding order. The employer has 7 business days from the pay date to send money withheld to the Kansas Payment Center. Therefore, it takes approximately 1 month to 6 weeks before the employer sends in the first payment. During the time before withholding actually begins, the obligor is responsible for making all payments as they become due.
The income withholding order requires an employer to send in a designated amount of money each month but limits the amount which the employer sends in to from 50% to 65% of the obligor’s net disposable earnings. The normal limit will be 50%. This protects obligors whose wages vary because of weather, illness, or other factors and insures that the obligor will be left with income to live on.
For each employee/obligor for who an employer is withholding income for child support, the employer can charge $5.00 per withholding not to exceed $10.00 per month for each employee. K. S. A. 23-4,108(e).