Chapter 23, KANSAS FAMILY LAW CODE-REVISED

23-36,306. Inappropriate tribunal. If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the petitioner w…

23-36,307. Duties of support enforcement agency. (a) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this act. (b) A support enforcement agency of this state that is providing services to the petitioner shall:…

23-36,308. Duties of attorney general. (a) If the attorney general determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the attorney general may order the agency to perform its duties under this act or may provide those se…

23-36,309. Private counsel. An individual may employ private counsel to represent the individual in proceedings authorized by this act. History: L. 1994, ch. 301, § 52; July 1. Source or Prior Law: 23-9,309.

23-36,310. Duties of state information agency. (a) The Kansas department for children and families is the state information agency under this act. (b) The state information agency shall: (1) Compile and maintain a current list, including addresses, of the tribunals in this state …

23-36,311. Pleadings and accompanying documents. (a) In a proceeding under this act, a petitioner seeking to establish a support order, to determine parentage of a child or to register and modify a support order of a tribunal of another state or a foreign country must file a peti…

23-36,312. Nondisclosure of information in exceptional circumstances. If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must b…

23-36,313. Costs and fees. (a) The petitioner may not be required to pay a filing fee or other costs. (b) If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney fees, other costs and necessary travel and other re…

23-36,314. Limited immunity of petitioner. (a) Participation by a petitioner in a proceeding under this act before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction …

23-36,315. Nonparentage as defense. A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this act. History: L. 1994, ch. 301, § 58; July 1. Source or Prior Law: 23-9,315.

23-36,316. Special rules of evidence and procedure. (a) The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement or modification of a support order or the rendition of a judgment determining p…

23-36,317. Communications between tribunals. A tribunal of this state may communicate with a tribunal outside this state in a record or by telephone, electronic mail or other means, to obtain information concerning the laws, the legal effect of a judgment, decree or order of that…

23-36,318. Assistance with discovery. A tribunal of this state may: (a) Request a tribunal outside this state to assist in obtaining discovery; and (b) upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this s…

23-36,319. Receipt and disbursement of payments. (a) A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal o…

23-36,401. Establishment of support order. (a) If a support order entitled to recognition under this act has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if: (1) The individual seeking the order resides…

23-36,402. Proceeding to determine parentage. A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this act or a law or procedure substantially similar to this act.…

23-36,501. Employer's receipt of income withholding order of another state. An income withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor's employer under the income withh…

23-36,502. Employer's compliance with income withholding order of another state. (a) Upon receipt of an income withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor. (b) The employer shall treat an income withholding order issued i…

23-36,503. Employer's compliance with two or more income withholding orders. If an obligor's employer receives two or more income withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the …

23-36,504. Immunity from civil liability. An employer that complies with an income withholding order issued in another state in accordance with this article is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support fro…

23-36,505. Penalties for noncompliance. An employer that willfully fails to comply with an income withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of th…

23-36,506. Contest by obligor. (a) An obligor may contest the validity or enforcement of an income withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order …

23-36,507. Administrative enforcement of orders. (a) A party or support enforcement agency seeking to enforce a support order or an income withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a…

23-36,601. Registration of order for enforcement. A support order or income withholding order issued in another state or a foreign support order may be registered in this state for enforcement. History: L. 1994, ch. 301, § 66; L. 2015, ch. 64, § 42; July 1. Source or Prior Law: 2…

23-36,602. Procedure to register order for enforcement. (a) Except as otherwise provided in K.S.A. 23-36,706, and amendments thereto, a support order or income withholding order of another state or a foreign support order may be registered in this state by sending the following r…

23-36,603. Effect of registration for enforcement. (a) A support order or income withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state. (b) A registered support order issued in another …

23-36,604. Choice of law. (a) Except as otherwise provided in subsection (d), the law of the issuing state or foreign country governs: (1) The nature, extent, amount and duration of current payments under a registered support order; (2) the computation and payment of arrearages a…

23-36,605. Notice of registration of order. (a) When a support order or income withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a cop…

23-36,606. Procedure to contest validity or enforcement of registered support order. (a) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by K.S.A. 23-36,605, and ame…

23-36,607. Contest of registration or enforcement. (a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses: (1) The issuing tribunal lacked personal juri…

23-36,608. Confirmed order. Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. History: L. 1994, ch. 301,…

23-36,609. Procedure to register child support order of another state for modification. A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner prov…

23-36,610. Effect of registration for modification. A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered support orde…

23-36,611. Modification of child support order of another state. (a) If K.S.A. 23-36,613, and amendments thereto, does not apply, upon petition a tribunal of this state may modify a child support order issued in another state which is registered in this state if, after notice and…

23-36,612. Recognition of order modified in another state. If a child support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to the uniform interstate family support act, a tribunal of this state: (a) May en…

23-36,613. Jurisdiction to modify child support order of another state when individual parties reside in this state. (a) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to…

23-36,614. Notice to issuing tribunal of modification. Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the ear…

23-36,615. Jurisdiction to modify child support order of foreign country. (a) Except as otherwise provided in K.S.A. 23-36,711, and amendments thereto, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribuna…

23-36,616. Procedure to register child support order of foreign country for modification. A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the convention may register that order in this state under K.S.A. 2…

23-36,701. Definitions. In this part: (a) "Application" means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. (b) "Central authority" means the entity designated by t…

23-36,702. Applicability. This part applies only to a support proceeding under the convention. In such a proceeding, if a provision of this part is inconsistent with parts 1 through 6 of this act, this part controls. History: L. 2015, ch. 64, § 58; July 1.

23-36,703. Relationship of department for children and families to United States central authority. The department for children and families of this state is recognized as the agency designated by the United States central authority to perform specific functions under the convent…

23-36,704. Initiation by department for children and families of support proceeding under convention. (a) In a support proceeding under this part, the department for children and families of this state shall: (1) Transmit and receive applications; and (2) initiate or facilitate t…

23-36,705. Direct request. (a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies. (b) A petitioner may file a direct request seeking recognitio…

23-36,706. Registration of convention support order. (a) Except as otherwise provided in this part, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this state as provided in part 6 of this …

23-36,707. Contest of registered convention support order. (a) Except as otherwise provided in this part, K.S.A. 23-36,605 through 23-36,608, and amendments thereto, apply to a contest of a registered convention support order. (b) A party contesting a registered convention suppor…

23-36,708. Recognition and enforcement of registered convention support order. (a) Except as otherwise provided in subsection (b), a tribunal of this state shall recognize and enforce a registered convention support order. (b) The following grounds are the only grounds on which a…

23-36,709. Partial enforcement. If a tribunal of this state does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a convention s…

23-36,710. Foreign support order. (a) Except as otherwise provided in subsections (c) and (d), a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state. (b) An application or direct request for recognition and enforcement of a fore…

23-36,711. Modification of convention child support order. (a) A tribunal of this state may not modify a convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless: (1) The obligee submits to the jurisdiction …