Chapter 23 — KANSAS FAMILY LAW CODE-REVISED

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. Previous | Next LEGISLA…

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 …

23-36,712. Personal information; limit on use. Personal information gathered or transmitted under this part may be used only for the purposes for which it was gathered or transmitted. History: L. 2015, ch. 64, § 68; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General…

23-36,713. Record in original language; English translation. A record filed with a tribunal of this state under this part must be in the original language and, if not in English, must be accompanied by an English translation. History: L. 2015, ch. 64, § 69; July 1. Previous | Nex…

23-36,801. Grounds for rendition. (a) For purposes of K.S.A. 23-36,801 and 23-36,802, and amendments thereto, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this act. (b) The governor of this state may: (1) …

23-36,802. Conditions of rendition. (a) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this stat…

23-36,901. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: L. 1994, ch. 301, § 81; L. 2015, ch…

23-36,902. Transitional provision. This act applies to proceedings begun on or after the effective date of this act to establish a support order or determine parentage of a child or to register, recognize, enforce or modify a prior support order, determination or agreement, whene…

23-36,903. Severability clause. If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and t…

[Repealed or reserved.]

23-3601. International reciprocity for enforcement of support orders. (a) If the attorney general finds that reciprocal provisions are available in a foreign nation or a state of a foreign nation for the enforcement of support orders issued in this state, the attorney general may…

23-37,101. Short title. (UCCJEA 101). The provisions of K.S.A. 23-37,101 through 23-37,405 may be cited as the uniform child-custody jurisdiction and enforcement act. History: L. 2000, ch. 171, § 31; July 1. Source or Prior Law: 38-1326, 38-1336. Law Review and Bar Journal Refere…

23-37,102. Definitions. (UCCJEA 102). As used in K.S.A. 23-37,101 through 23-37,405: (1) "Abandoned" means left without provision for reasonable and necessary care or supervision. (2) "Act" means the uniform child-custody jurisdiction and enforcement act. (3) "Child" means an ind…

23-37,103. Proceeding governed by other law. (UCCJEA 103). This act does not govern a proceeding pertaining to the authorization of emergency medical care for a child. History: L. 2000, ch. 171, § 33; July 1. Source or Prior Law: 38-1338. Previous | Next LEGISLATIVE COORDINATING …