How Kansas Collects Unpaid Child Support: Wage Garnishment, Retirement Accounts and Passport Denial
If you don’t pay child support in Kansas, an income withholding order can issue once you owe a month of support, with priority over other legal process and only seven days to contest it for a mistake of fact. Retirement accounts and, over $2,500, passports can also be reached.
What happens if you don’t pay child support in Kansas?
An income withholding order can be issued once you have an arrearage equal to or greater than one month of support, and it has priority over other legal process (K.S.A. 23-3103(c); 23-3105(a)). The court can also order a retirement account used for an arrearage in some cases, and federal law adds passport certification above $2,500.
Can Kansas garnish wages for unpaid child support?
Yes. The obligee or the public office serves a notice on the obligor, and not less than seven days later can apply for the order on an affidavit that the arrearage was at least one month of support; the order issues without further notice or hearing (23-3103(c)-(d)). The obligor can move to stay it within seven days, but only for a mistake of fact about the order amount, the arrearage, the amount to withhold or the obligor’s identity (23-3106(a)). The payor must begin deductions no later than the next pay date after 14 days following service (23-3104(b)). Federal law sets outer limits: 50% or 60%, and 55% or 65% for support more than 12 weeks overdue (15 U.S.C. 1673(b)).
| If the person | Limit | If support is more than 12 weeks overdue |
|---|---|---|
| Supporting a spouse or another child | 50% | 55% |
| Not supporting a spouse or another child | 60% | 65% |
Do state wage-exemption laws protect me?
Not against support withholding. Except as provided in K.S.A. 60-2310, state laws that limit or exempt income from legal process, or limit the amount that can be withheld, do not apply to withholding under the act (23-3105(b)). Federal limits still apply.
Can retirement accounts be used?
For a parent who built an arrearage and lost income or a job because a professional license was lost, revoked, suspended or surrendered for professional misconduct, or because of voluntary underemployment, the court shall, on a distributable event under the plan, order a qualified retirement account used to pay the arrearage in a one-time lump sum until the account is exhausted or the parent establishes other means (23-3002(b)).
Can you pay the other parent directly?
Only with court approval. Orders require payment through the central unit unless the court finds good cause; a written agreement to pay directly is good cause unless the court finds it is not in the child’s best interest, and the obligor must keep written proof of payments and give it to the court and the obligee at least annually (23-3004).
What about passports?
If a state agency certifies that a person owes child support arrearages of more than $2,500, federal law requires refusal of a passport (42 U.S.C. 652(k)). The Kansas arrears calculator warns when the unpaid principal passes that figure.
What should you do if you owe?
Respond to every notice, especially the seven-day window to contest a withholding notice for a mistake of fact, add up the balance in the Kansas child support arrears calculator and, if your circumstances changed, file a motion to modify right away.
Frequently asked questions
What happens if you don’t pay child support in Kansas?
An income withholding order can issue once you owe a month of support, and it has priority over other legal process.
How much of my paycheck can Kansas take for child support?
Federal law limits it to 50% or 60% of disposable earnings, and 55% or 65% for support more than 12 weeks overdue.
How long do I have to contest a Kansas withholding notice?
Seven days from service, and only for a mistake of fact.
Can Kansas use my IRA for child support arrears?
Yes, in cases of lost income from professional misconduct or voluntary underemployment, on a distributable event.
When can the passport of a Kansas parent who owes child support be denied?
When arrears above $2,500 are certified under federal law.
Official sources
- K.S.A. 16-204: interest on judgments; 10% presumption for support
- K.S.A. 23-3103: income withholding orders
- K.S.A. 23-3106: contest and stay of withholding
- K.S.A. 23-3105: priority of withholding
- K.S.A. 23-3004: payments through the central unit
- K.S.A. 23-3102: definitions, including arrearage
- 15 U.S.C. 1673: restriction on garnishment
- 42 U.S.C. 652(k): denial of passports
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Kansas statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Kansas attorney.