Terms Used In Kansas Statutes 44-514
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(a) Except as provided in subsection (b) and the income withholding act, K.S.A. 2020 Supp. 23-3101 et seq., and amendments thereto, no claim for compensation, or compensation agreed upon, awarded, adjudged, or paid, shall be assignable or subject to levy, execution, attachment, garnishment, or any other remedy or procedure for the recovery or collection of a debt, and this exemption cannot be waived.
(b) Claims for compensation, or compensation agreed upon, adjudged or paid, which are paid to a worker on a weekly basis or by lump sum shall be subject to enforcement of an order for support by means of voluntary or involuntary assignment of a portion of the compensation.
(1) Any involuntary assignment shall be obtained by motion filed within the case which is the basis of the existing order of support.
(A) Any motion seeking an involuntary assignment of compensation shall be served on the claimant and the claimant’s counsel to the workers compensation claim, if known, the motion shall set forth:
(i) The amount of the current support order to be enforced;
(ii) the amount of any arrearage alleged to be owed under the support order;
(iii) the identity of the payer of the compensation to the claimant, if known; and
(iv) whether the assignment requested seeks to attach compensation for current support or arrearages or both.
(B) Motions for involuntary assignments of compensation shall be granted. The relief granted for:
(i) Current support shall be collectible from benefits paid on a weekly basis but shall not exceed 25% of the worker’s gross weekly compensation excluding any medical compensation and rehabilitation costs paid directly to providers.
(ii) Past due support shall be collectible from lump-sum settlements, judgments or awards but shall not exceed 40% of a lump sum, excluding any medical compensation and rehabilitation costs paid directly to providers.
(2) In any proceeding under this subsection, the court may also consider the modification of the existing support order upon proper notice to the other interested parties.
(3) Any order of involuntary assignment of compensation shall be served upon the payer of compensation and shall set forth the:
(A) Amount of the current support order;
(B) amount of the arrearage owed, if any;
(C) applicable percentage limitations;
(D) name and address of the payee to whom assigned sums shall be disbursed by the payer; and
(E) date the assignment is to take effect and the conditions for termination of the assignment.
(4) For the purposes of this section, “order for support” means any order of any Kansas court, authorized by law to issue such an order, which provides for the payment of funds for the support of a child or for maintenance of a spouse or ex-spouse, and includes such an order which provides for payment of an arrearage accrued under a previously existing order and reimbursement orders, including but not limited to, an order established pursuant to K.S.A. 39-718a, prior to its repeal; K.S.A. 39-718b, and amendments thereto; or an order established pursuant to the uniform interstate family support act, K.S.A. 2020 Supp. 23-36,101 et seq., and amendments thereto.
(5) For all purposes under this section, each obligation to pay child support or order for child support shall be satisfied prior to satisfaction of any obligation to pay or order for maintenance of a spouse or ex-spouse.