Kan. Stat. § 23-3115

Current through 2024 Session Acts Chapter 111
Section 23-3115 - Withholding order; issuance
(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.

K.S.A. 23-3115

L. 1994, ch. 301, § 15; July 1.