Kansas Child Support Laws

In Kansas child support laws services are offered through the Department of Social and Rehabilitation Services’ Child Support Enforcement office.

Who Is Eligible For Kansas Child Support Laws?
Any person who currently has physical custody of a child and is responsible for the child’s day-to-day care and supervision may apply for and receive child support services from the state of Kansas. An application may also be accepted from parents who do not have physical custody of a child, if there is a debt of child support payments owed to them.

According to the Code of Federal Regulations, Title 45, Part 300, child support services must be provided to families that are receiving assistance from designated state or federal programs. These programs include Temporary Assistance for Families (TAF), Child Care Assistance, and Foster Care. Child support services are provided to these mandatory participants at no cost.

In fact, recipients of funds from these programs must cooperate with the Kansas Child Support Laws & Enforcement Office in locating their child’s non-custodial parent, establishing a child support order, and enforcing child support payments. However, there are exceptions made when a parent can show “good cause for non-cooperation.” Kansas state law (KSA) 39-709, states that persons who receive certain types of state assistance automatically assign their right to child support to the state as a matter of law. This gives the state the right to collect child support payments on the family’s behalf. Families who are registered with the following programs are exempt from a referral to the Kansas child support law & enforcement office:

Medicaid/Child receives Healthwave
Medicaid/Child receives SSI
Medicaid/related to SSI
Medicaid/Child in Institution

Families that are not receiving state or federal support can still qualify for Kansas child support laws services by filling out an application with the Kansas Department of Social and Rehabilitation Services.

What Types of Child Support Services Are Available?
The Kansas Child Support Laws & Enforcement Office offers two types of service; “full service” and “locate only.” Families who receive public assistance must utilize full services. All other families may choose between the two.

The “locate only” service can be used to help families locate the non-custodial parent of a child. The child support staff can utilize local, state, and federal database information to obtain the current address or employment information for the non-custodial parent. Using the non-custodial parent’s Social Security number, the child support staff can check records of State agencies such as motor vehicle registration, unemployment insurance, correctional facilities, the directory of new hires, and economic assistance. This process may take several months.

If the non-custodial parent cannot be found in Kansas, the child support office can ask for assistance from other states, or from federal resources such as the Department of Defense and the Social Security Administration.

The Kansas Child Support laws & Enforcement office will also assist families in locating a non-custodial parent or the children in cases of parental kidnapping. In this situation, an authorized individual such as the case’s prosecuting attorney or a judge must make the request for services. Private attorneys are not considered to be authorized persons; however, families may petition the court to obtain this information. There is a $25 fee for this service. For more information on the location services provided in cases of parental kidnapping, contact the Kansas Child Support Laws & Enforcement Office at 785-296-3237.

Families can also apply or be referred to the Kansas Child Support Laws & Enforcement Office for “full services.” These services include locating the non-custodial parent, obtaining the non-custodial parent’s employment information, establishing paternity, and establishing child support and medical support orders.

What Fees Are Charged For Kansas Child Support Services?

Application Fees: The Kansas Child Support Laws & Enforcement program do not charge an application fee; however there may be other fees required for their services.

Processing Fees: The state charges a flat four percent for all non-public assistance child support collections cases. This fee is the same across the state, except in Johnson County where the fee is only two percent with a ten-dollar maximum. This fee is assessed from the payments before disbursement is made to the custodial parent. This fee is waived if the recipient is currently receiving state or federal public assistance.

Interstate Processing Fees: In interstate child support cases, federal regulations allow both sending and receiving states to apply cost recovery fees. Kansas applies the standard four percent cost recovery fee to collections made on behalf of incoming interstate non-public assistance cases (except in Johnson County where the fee is only two percent with a ten-dollar maximum.)

IRS Full Service Collection Fee: The Internal Revenue Service (IRS) will provide full collection services that include the interception of the non-custodial parent’s federal tax refund. The IRS charges $122.50 for this service.

Kansas Child Support Laws...