23-3115. Withholding order; issuance.

294 words·~1 min read·/ks/chapter-23/23-3115

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 further notice or hearing, shall include in the income withholding order a medical withholding order.

(b)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 not otherwise subject to an income withholding order, the court upon request and without further notice or hearing shall enter a medical withholding order for the participating parent, except for good cause shown pursuant to subsection

(j)of K.S.A. 23-3103 , and amendments thereto.

(c)Except as otherwise provided in this subsection, at any time after a medical child support order requiring enrollment of a child in a health benefit plan is entered, the court upon motion shall enter an income withholding order consisting in whole or in part of a medical withholding order. In Title IV-D cases, the court may deny the motion only if:

(1)The participating parent is not otherwise subject to an income withholding order; and

(2)the provisions of subsection

(j)of K.S.A. 23-3103 , and amendments thereto, have been met. In all other cases the court may grant or deny the motion after considering the following factors:

(1)The medical needs of the child;

(2)whether the participating parent has attempted to promptly comply with the medical child support order; and

(3)any other relevant factor. Nothing in this subsection shall prevent or delay entry of an income withholding order pursuant to subsection

(c)of K.S.A. 23-3103 , and amendments thereto.