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State
Contact
Questions regarding a wage garnishment order should be directed to the court which issued the order.
Regulations
Kansas Statute No. 23-3104. Payor’s duties; cost recovery fee authorized; limit on amount withheld; violations by payor; penalties.
(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.
Kansas Statute No. 23-3104. Payor’s duties; cost recovery fee authorized; limit on amount withheld; violations by payor; penalties.
(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:
(j)(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
(j)(2) fails to withhold support from income or to pay such amounts in the manner required by this act.
Kansas Statute No. 60-734. Order of garnishment when garnishment is to attach earnings; service of process; length of and effect of order; administrative fee; accounting and record.
(d) Except as provided further, from income due the judgment debtor, the garnishee may withhold and retain to defray the garnishee's costs, an administrative fee of $ 10 for each 30 day period for which income is withheld. From income due the judgment debtor, which is child support, the garnishee may withhold and retain to defray the garnishee's costs, an administrative fee of $ 10 for each 30 day period for which income is withheld. Such administrative fee must be in addition to the amount required to be withheld under the order for garnishment. If the addition of this fee causes the total amount withheld to exceed the restrictions imposed by subsection (b) of K.S.A. 60-2310, and amendments thereto, the fee must be deducted from the amount withheld.
Kansas Statute No. 60-2311. Discharge of employee due to wage garnishment prohibited.
No employer may discharge any employee by reason of the fact that the employee's earnings have been subjected to wage garnishment.
Kansas Statute No. 60-2310. Wage garnishment; definitions; restrictions; exceptions; sickness preventing work; assignment of account; prohibition on courts.
(b) Restriction on wage garnishment. Subject to the provisions of subsection (e), only the aggregate disposable earnings of an individual may be subjected to wage garnishment. The maximum part of such earnings of any wage earning individual which may be subjected to wage garnishment for any workweek or multiple thereof may not exceed the lesser of:
(b)(1) Twenty-five percent of the individual's aggregate disposable earnings for that workweek or multiple thereof;
(b)(2) the amount by which the individual's aggregate disposable earnings for that workweek or multiple thereof exceed an amount equal to 30 times the federal minimum hourly wage, or equivalent multiple thereof for such longer period; or
(b)(3) the amount of the plaintiff's claim as found in the order for garnishment.
Kansas Statute No. 60-2310. Wage garnishment; definitions; restrictions; exceptions; sickness preventing work; assignment of account; prohibition on courts.
(g) The maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment to enforce any order for the support of any person shall not exceed:
(g)(1) If the individual is supporting a spouse or dependent child (other than a spouse or child with respect to whose support such order is used), 50% of the individual's disposable earnings for that week;
(g)(2) if the individual is not supporting a spouse or dependent child described in clause (1), 60% of such individual's disposable earnings for that week; and
(g)(3) with respect to the disposable earnings of any individual for any workweek, the 50% specified in clause (1) shall be 55% and the 60% specified in clause (2) shall be 65%, if such earnings are subject to garnishment to enforce a support order for a period which is prior to the twelve-week period which ends with the beginning of such workweek.
Kansas Statute No. 61-3507 Order of garnishment, earnings.
(c) From income due the judgment debtor, the garnishee may withhold and retain to defray the garnishee's costs, an administrative fee of $ 10 for each pay period for which income is withheld, not to exceed $ 20 for each 30 day period for which income is withheld, whichever is less. Such administrative fee must be in addition to the amount required to be withheld under the order for garnishment. If the addition of this fee causes the total amount withheld to exceed the restrictions imposed by subsection (b) of K.S.A. 60-2310, and amendments thereto, the fee must be deducted from the amount withheld.
Federal
Contact
www.dol.gov/general/topic/wages/garnishments
Regulations
Federal law limits the amount of wages that can be garnished, in most cases, to 25 percent of weekly earnings after taxes. If more that one garnishment order exists against an individual, the total amount cannot exceed the maximum set by law. Some government obligations, such as back taxes and child support, always have precedence.