Who is required to comply with the Income Withholding Orders (IWO)?
Kansas income withholding laws apply to any "payor" and broadly defines "payor" to include "...any person or entity owing income to an obligor or any self-employed obligor." "Income" is also broadly defined to include "any form of payment to an individual, regardless of the source, including but not limited to, wages, salary, trust, royalty, commission, bonus, compensation, as an independent contractor, annuity and retirement benefits, workers compensation and any other periodic payments made by any person, private entity or federal, state or local government or any agency or instrumentality thereof..."
K.S.A. 23-3102(d) and (o)
What must the employers do to comply with IWO's?
- Record in writing when the IWO was received
- Determine that the IWO is "regular on its face" K.S.A. 23-3104(i)
- Give the employee/obligor a copy of the IWO
- Follow the terms of the IWO
When should I begin withholding employee(s) child support?
Employers may begin withholding for child support any time after receipt of the IWO, but no later than the pay period during which the fourteenth day following receipt of the IWO.
K.S.A. 23-3104(b)
Are Employers required to comply with IWO's regardless of the state of origin?
Yes.
What do I do when IWO's have been received from two different states for the same case?
Contact the attorney for the Child Support Services office on the Kansas IWO or the attorney for the custodial parent.