Once a garnishment is in effect, how long before I receive alimony payments?

Full Question:

When a motion to file involving an ex-spouse holding him in contempt of court and to garnish his wages because he didn't pay alimony, how long once approved does it take effect?
04/02/2009   |   Category: Debts and Cr... ยป Garnishment   |   State: Kansas   |   #15856

Answer:

When a court order isn't followed, a petition for contempt may be filed in the court that issued the order. The court retains continuing jurisdiction to enforce its orders by holding the noncomplying party in contempt of court. A party in contempt of a support order may have an income withholding order issued.

Employers may begin withholding for child support anytime after receipt of the income withholding order (IWO), but no later than the pay period during which the fourteenth day following receipt of the IWO.

The following is a Kansas statute:

23-4,108. Payor's duties; cost recovery fee authorized; limit on amount
withheld; violations by payor; penalties.

(a) It shall be the affirmative duty of any payor to respond within 10
days to written or electronic requests for information presented by the
public office concerning:
(1) The full name of the obligor;
(2) the current
address of the obligor;
(3) the obligor's social security number;
(4) the
obligor's work location;
(5) the number of the obligor's claimed
dependents;
(6) the obligor's gross income;
(7) the obligor's net income;

(8) an itemized statement of deductions from the obligor's income;
(9) the
obligor's pay schedule;
(10) the obligor's health insurance coverage; and

(11) whether or not income owed the obligor is being withheld pursuant to
this act.
This is an exclusive list of the information that the payor is
required to provide under this section.

(b) It shall be the duty of any payor who has been served a copy of an
income withholding order for payment of an order for cash support that
meets the requirements of subsection (h) to deduct and pay over income as
provided in this section. The payor shall begin the required deductions no
later than the next payment of income due the obligor after 14 days
following service of the order on the payor.

(c) Within seven business days of the time the obligor is normally paid,
the payor shall pay the amount withheld as directed by the income
withholding agency pursuant to K.S.A. 23-4,109 and amendments thereto, as
directed by the income withholding order or by a rule of the Kansas supreme
court. The payor shall identify each payment with the name of the obligor,
the county and case number of the income withholding order, and the date
the income was withheld from the obligor. The payor shall pay the amounts
withheld and identify each payment in the same business day. A payor
subject to more than one income withholding order payable to the same payee
may combine the amounts withheld into a single payment, but only if the
amount attributable to each income withholding order is clearly identified.
Premiums required for a child's coverage under a health benefit plan shall
be remitted as provided in the health benefit plan and shall not be
combined with any other support payment required by the income withholding
order.

(d) The payor shall continue to withhold income as required by the income
withholding order until further order of the court or agency.

(e) From income due the obligor, the payor may withhold and retain to
defray the payor's costs a cost recovery fee of $5 for each pay period for
which income is withheld or $10 for each month for which income is
withheld, whichever is less. Such cost recovery fee shall be in addition to
the amount withheld as support.

(f) The entire sum withheld by the payor, including the cost recovery
fee and premiums due from the obligor which are incurred solely because
of a medical withholding order, shall not exceed the limits provided for
under section 303(b) of the consumer credit protection act (
15 U.S.C. § 1673(b)). If amounts of earnings required to be withheld
exceed the maximum amount of earnings which may be withheld according to
the consumer credit protection act, priority shall be given to payment of
current and past due support, and the payor shall promptly notify the
holder of the limited power of attorney of any nonpayment of premium for
a health benefit plan on the child's behalf. An income withholding order
issued pursuant to this act shall not be considered a wage garnishment as
defined in subsection (b) of K.S.A. 60-2310 and amendments thereto. If
amounts of earnings required to be withheld in accordance with this act
are less than the maximum amount of earnings which could be withheld
according to the consumer credit protection act, the payor shall honor
garnishments filed by other creditors to the extent that the total amount
taken from earnings does not exceed consumer credit protection act
limitations.

(g) The payor shall promptly notify the court or agency that issued the
income withholding order of the termination of the obligor's employment or
other source of income, or the layoff of the obligor from employment, and
provide the obligor's last known address and the name and address of the
individual's current employer, if known.

(h) A payor who complies with a copy of an income withholding order that
is regular on its face shall not be subject to civil liability to any
person or agency for conduct in compliance with the income withholding
order. As used in this section, "regular on its face" means a completed
document in the standard format for any income withholding notice that has
been adopted by the United States secretary of health and human services in
a final rule or a certified copy of the income withholding order.

(i) Except as provided further, if any payor violates the provisions of
this act, the court may enter a judgment against the payor for the total
amount which should have been withheld and paid over. If the payor, without
just cause or excuse, fails to pay over income within the time established
in subsection (c) and the obligee files a motion to have such income paid
over, the court shall enter a judgment against the payor and in favor of
the obligee for three times the amount of the income owed and reasonable
attorney fees. If the payor, without good cause, fails to pay over the
income and identify each payment in the same business day, the court shall
enter a judgment against the payor and in favor of the obligee for twice
the amount of the cost recovery fee, as established in subsection (e), per
obligor.

(j) In addition to any judgment authorized by subsection (i), a payor
shall be subject to a civil penalty not exceeding $500 and other equitable
relief as the court considers proper if the payor: (1) Discharges, refuses
to employ or takes disciplinary action against an obligor subject to an
income withholding order because of such withholding and the obligations or
additional obligations which it imposes upon the payor; or (2) fails to
withhold support from income or to pay such amounts in the manner required
by this act.

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