Chapter 23, KANSAS FAMILY LAW CODE-REVISED

23-3101. Title and purpose of act; severability. (a) K.S.A. 23-3101 through 23-3118 and 39-7,135, and amendments thereto, shall be known and may be cited as the income withholding act. (b) The purpose of the income withholding act is to enhance the enforcement of all support obli…

23-3102. Definitions. As used in the income withholding act: (a) "Arrearage" means the total amount of unpaid support which is due and unpaid under an order for support, based upon the due date specified in the order for support or, if no specific date is stated in the order, the…

23-3103. Income withholding order; issuance; service of notice; agreements or alternative arrangements; ex parte interlocutory orders; medical support orders. (a) Any new or modified order for support shall include a provision for the withholding of income to enforce the order fo…

23-3104. Payor's duties; cost recovery fee authorized; limit on amount withheld; violations by payor; penalties. (a) It shall be the affirmative duty of any payor to respond within 10 days to written or electronic requests for information presented by the public office concerning…

23-3105. Priority of withholding order; application of limitations imposed by other laws; multiple withholding orders, single obligor. (a) An income withholding order shall have priority over any other legal process under state law against the same income. Withholding of income u…

23-3106. Contest and stay of withholding order; when; grounds; hearing; disposition; immediate issuance of order; continuance; additional circumstances warranting issuance of order. This section shall not apply if the notice of intent to initiate income withholding was issued by …

23-3107. Modification or termination of withholding order, when; notice; medical withholding order. 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…

23-3108. Improper withholding; refund or credit. If the court determines that income has been improperly withheld, the court may order the person or public office who has possession of the income or who ultimately received it, to promptly refund the improperly withheld amount to …

23-3109. Duty of obligee and public office to provide certain notices; records of support payments. (a) If an obligee is receiving income withholding payments under this act, the obligee shall give written notice of any change of address, within seven days after the change to the…

23-3110. Change of obligor's payor or address and employment; related health benefits coverage, notice required. An obligor whose income is being withheld or who has been served with a notice of intent to apply for issuance of an income withholding order shall provide written not…

23-3111. Bond requirement when obligor self-employed or withholding otherwise impracticable. If an obligor derives income from self-employment, receives income from some source not subject to the jurisdiction of the court or receives income by any other method which makes the app…

23-3112. Act not limitation on other remedies. (a) Nothing in this act shall limit the authority of an obligee or public office to use any and all civil and criminal remedies in addition to withholding to enforce an order for support including but not limited to the setoff provis…

23-3113. Forms and informational materials; system to monitor payments; subcontractors. (a) The judicial administrator and the secretary for children and families shall cooperate to design suggested legal forms and informational materials which describe procedures and remedies un…

23-3114. Order; coverage under health benefit plan; limited power of attorney; enrollment by employer, sponsor or administrator of health benefit plan; disenrollment. (a) Whether or not a medical child support order has previously been entered, the court shall address the medical…

23-3115. Withholding order; issuance. (a) If, at the time a medical child support order requiring enrollment of a child in a health benefit plan is entered, the participating parent is also subject to a new or existing income withholding order, the court upon request and without …

23-3116. Requirements of withholding order. (a) A medical withholding order shall not require a health benefit plan to provide any type or form of benefit, or any option, not otherwise provided under the plan or required by federal law. (b) A medical withholding order shall clear…

23-3117. Duties of payor with respect to withholding order. (a) For purposes of the income withholding act, and amendments thereto, service of a medical withholding order on an employer shall constitute service of the medical withholding order on the sponsor or administrator of t…

23-3118. Failure to maintain coverage. (a) Except for good cause shown, the obligee shall be granted judgment against the obligor if: (1) The obligor was subject to a medical support order for a child; (2) under the Kansas child support guidelines the obligor received credit towa…

23-3119. Support enforcement proceeding; failure to comply; penalties. (a) If the court in any support enforcement proceeding finds that an obligor has failed to comply with an outstanding warrant or subpoena issued by a court of competent jurisdiction of this state or any other …

23-3120. Child support enforcement; licensing bodies; professional license. (a) When an order for the support of a child has been entered and the court upon motion finds that the requirements of subsection (b) have been met, the court shall order that a notice pursuant to subsect…

23-3121. Reporting of support arrearages to consumer credit reporting agencies. (a) As used in this section, "consumer reporting agency" means any person which, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of…

23-3122. Lien upon vehicles, vessels, aircraft. (a) Whenever there is an arrearage in payment of an order of support in an amount equal to or greater than the amount of support payable for one month, a lien shall arise by operation of law upon certain personal property of the obl…

23-3123. Distribution of support payments; rules and regulations. (a) On and after July 1, 2015, notwithstanding any other law to the contrary, for any order of support required to be paid through the central unit for collection and disbursement of support payments designated pur…

23-3124. Income withholding order; lump sum payment; attachment. (a) Except as otherwise provided in this section, an income withholding order for attachment of a lump sum payment shall have the effect of attaching: (1) Any intangible property, funds, credits or other indebtednes…

23-3125. Same; notice to obligor; hearing. (a) Immediately following the date the income withholding order for attachment of a lump sum payment is served on the payor, the person or public office seeking the withholding shall send a notice to the obligor, notifying the obligor: (…

23-3126. Income withholding; unemployment insurance benefits. (a) (1) The secretary of the department for children and families may collect, pursuant to the income withholding act, K.S.A. 23-3101 et seq., and amendments thereto, support owed in a title IV-D case from unemployment…

23-3201. Legal custody, residency and parenting time criteria. The court shall determine legal custody, residency and parenting time of a child in accordance with the best interests of the child. History: L. 2011, ch. 26, § 18; L. 2017, ch. 58, § 1; July 1. Source or Prior Law: 6…

23-3202. Parenting plan; best interest presumed. If the parties have entered into a parenting plan, it shall be presumed that the agreement is in the best interests of the child. This presumption may be overcome and the court may make a different order if the court makes specific…

23-3203. Factors considered in determination of legal custody, residency and parenting time of a child. (a) In determining the issue of legal custody, residency and parenting time of a child, the court shall consider all relevant factors, including, but not limited to: (1) Each p…

23-3204. No vested interest or presumption to either parent. Neither parent shall be considered to have a vested interest in the custody or residency of any child as against the other parent, regardless of the age of the child, and there shall be no presumption that it is in the …

23-3205. Rebuttable presumption against best interest of child in certain instances. There shall be a rebuttable presumption that it is not in the best interest of the child to have custody or residency granted to a parent who: (a) Is residing with an individual who is subject to…

23-3206. Legal custodial arrangements. Subject to the provisions of this article, the court may make any order relating to custodial arrangements which is in the best interests of the child. The order shall provide one of the following legal custody arrangements, in the order of …

23-3207. Residential arrangements. After making a determination of the legal custodial arrangements, the court shall determine the residency of the child from the following options, which arrangement the court must find to be in the best interest of the child. The parties shall s…

23-3208. Parenting time; enforcement; child exchange and visitation centers. (a) Parents. A parent is entitled to reasonable parenting time unless the court finds, after a hearing, that the exercise of parenting time would seriously endanger the child's physical, mental, moral or…

23-3209. Interviews; court; minors. The court may interview the minor children in chambers to assist the court in determining legal custody, residency, visitation rights and parenting time. The court may permit counsel to be present at the interviews. Upon request of any party, t…

23-3210. Information relating to custody or residency of children; visitation or parenting time with children. (a) Investigation and report. In any proceeding in which legal custody, residency, visitation rights or parenting time are contested, the court may order an investigatio…

23-3211. Definitions. (a) "Temporary parenting plan" means an agreement or order issued defining the legal custody, residency and parenting time to be exercised by parents with regard to a child between the time of filing of a matter in which a parenting plan may be entered, and …

23-3212. Temporary orders. (a) The court may enter a temporary parenting plan in any case in which temporary orders relating to child custody is authorized. (b) If the court deems it appropriate, a temporary parenting plan approved by the court may include one or more of the foll…

23-3213. Permanent; objectives; general outline, provisions. (a) The objectives of the permanent parenting plan are to: (1) Establish a proper allocation of parental rights and responsibilities; (2) establish an appropriate working relationship between the parents such that matte…

23-3214. Court information; classes; mediation; forms. (a) The court shall inform the parents, or require them to be informed, about: (1) How to prepare a parenting plan; (2) the impact of family dissolution on children and how the needs of children facing family dissolution can …

23-3215. Notification of other parent of certain events; failure, indirect civil contempt; material change in circumstances. (a) A parent entitled to legal custody of, or residency of, or parenting time with a child pursuant to K.S.A. 23-3201 through 23-3207 and 23-3218, and amen…

23-3217. Child custody and parenting time for parents deployed by the military; modification of orders; hearing. (a) As used in this section: (1) "Deployment" means the temporary transfer of a service member serving in an active-duty status to another location in support of comba…

23-3218. Modification of child custody, residency, visitation and parenting time; examination of parties. (a) Subject to the provisions of the uniform child custody jurisdiction and enforcement act (K.S.A. 23-37,101 through 23-37,405, and amendments thereto), the court may change…

23-3219. Modification of final order; specify factual allegations. (a) A party filing a motion to modify a final order pertaining to child custody or residential placement pursuant to article 22, 27 or 32 of chapter 23 of the Kansas Statutes Annotated, and amendments thereto, sha…

23-3220. Modifications to orders enforced under title IV-D programs. Motions to modify legal custody, residency, visitation rights or parenting time in proceedings where support obligations are enforced under part D of title IV of the federal social security act (42 U.S.C. § 651 …

23-3221. Modification of parenting time order. (a) The court may modify an order granting or denying parenting time whenever modification would serve the best interests of the child. (b) Repeated unreasonable denial of or interference with parenting time granted under this articl…

23-3222. Change in child's residence; notice; effect; exceptions. (a) Except as provided in subsection (d), a parent entitled to legal custody or residency of or parenting time with a child under this article shall give written notice to the other parent not less than 30 days pri…

23-3305. Citation of act. K.S.A. 2025 Supp. 23-3305 through 23-3324, and amendments thereto, shall be known and may be cited as the uniform nonparent visitation act. History: L. 2024, ch. 52, § 1; July 1.

23-3306. Definitions. As used in this act: (a) "Child" means an unemancipated individual who is less than 18 years of age. (b) "Compensation" means wages or other remuneration paid in exchange for care of a child. "Compensation" does not include reimbursement of expenses for care…

23-3307. Scope. (a) Except as provided in subsection (b), this act applies to a proceeding in which a nonparent seeks visitation, including proceedings in which the child has a guardian pursuant to article 30 of chapter 59 of the Kansas Statutes Annotated, and amendments thereto,…