HB 2235--
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Session of 1997
HOUSE BILL No. 2235
By Representative O'Neal
2-5
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8 AN ACT concerning the uniform interstate family support act; amending
9 K.S.A. 23-9,101, 23-9,205, 23-9,207, 23-9,304, 23-9,305, 23-9,306, 23-
10 9,307, 23-9,501, 23-9,502, 23-9,605, 23-9,606, 23-9,611 and 23-9,902
11 and repealing the existing sections.
12
13 Be it enacted by the Legislature of the State of Kansas:
14 New Section 1. If an obligor's employer receives multiple income
15 withholding orders with respect to the earnings of the same obligor, the
16 employer satisfies the terms of the multiple orders if the employer com-
17 plies with the law of the state of the obligor's principal place of employ-
18 ment to establish the priorities for withholding and allocating income
19 withheld for multiple child support obligees.
20 New Sec. 2. An employer who complies with an income withholding
21 order issued in another state in accordance with K.S.A. 23-9,501, 23-
22 9,502, and sections 1 through 5, and amendments thereto, is not subject
23 to civil liability to an individual or agency with regard to the employer's
24 withholding of child support from the obligor's income.
25 New Sec. 3. An employer who willfully fails to comply with an in-
26 come withholding order issued by another state and received for enforce-
27 ment is subject to the same penalties that may be imposed for noncom-
28 pliance with an order issued by a tribunal of this state.
29 New Sec. 4. (a) An obligor may contest the validity or enforcement
30 of an income withholding order issued in another state and received di-
31 rectly by an employer in this state in the same manner as if the order had
32 been issued by a tribunal of this state. K.S.A. 23-9,604, and amendments
33 thereto, (choice of law) applies to the contest.
34 (b) The obligor shall give notice of the contest to:
35 (1) a support enforcement agency providing services to the obligee;
36 (2) each employer that has directly received an income withholding
37 order; and
38 (3) the person or agency designated to receive payments in the in-
39 come withholding order or if no person or agency is designated, to the
40 obligee.
41 New Sec. 5. (a) A party seeking to enforce a support order or an
42 income withholding order, or both, issued by a tribunal of another state
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2 -may send the documents required for registering the order to a support
3 enforcement agency of this state.
4 (b) Upon receipt of the documents, the support enforcement agency,
5 without initially seeking to register the order, shall consider and, if ap-
6 propriate, use any administrative procedure authorized by the law of this
7 state to enforce a support order or an income withholding order, or both.
8 If the obligor does not contest administrative enforcement, the order
9 need not be registered. If the obligor contests the validity or administra-
10 tive enforcement of the order, the support enforcement agency shall reg-
11 ister the order pursuant to this act.
12 New Sec. 6. (a) If all of the parties who are individuals reside in this
13 state and the child does not reside in the issuing state, a tribunal of this
14 state has jurisdiction to enforce and to modify the issuing state's child
15 support order in a proceeding to register that order.
16 (b) A tribunal of this state exercising jurisdiction under this section
17 shall apply the provisions of K.S.A. 23-9,101 through 23-9,103, 23-9,201
18 through 23-9,209, 23-9,601 through 23-9,612, and sections 6 and 7, and
19 amendments thereto, and the procedural and substantive law of this state
20 to the proceeding for enforcement or modification. K.S.A. 23-9,301
21 through 23-9,319, 23-9,401, 23-9,501, 23-9,502, 23-9,701, 23-9,801, 23-
22 9,802, and sections 1 through 5, amendments thereto do not apply.
23 New Sec. 7. Within 30 days after issuance of a modified child support
24 order, the party obtaining the modification shall file a certified copy of
25 the order with the issuing tribunal that had continuing, exclusive juris-
26 diction over the earlier order, and in each tribunal in which the party
27 knows the earlier order has been registered. A party who obtains the order
28 and fails to file a certified copy is subject to appropriate sanctions by a
29 tribunal in which the issue of failure to file arises. The failure to file
does
30 not affect the validity or enforceability of the modified ordered of the
31 new tribunal having continuing, exclusive jurisdiction.
32 Sec. 8. K.S.A. 23-9,101 is hereby amended to read as follows:
33 23-9,101. In this act:
34 (a) ``Child'' means an individual, whether over or under the age of
35 majority, who is or is alleged to be owed a duty of support by the indi-
36 vidual's parent or who is or is alleged to be the beneficiary of a support
37 order directed to the parent.
38 (b) ``Child support order'' means a support order for a child, including
39 a child who has attained the age of majority under the law of the issuing
40 state.
41 (c) ``Duty of support'' means an obligation imposed or imposable by
42 law to provide support for a child, spouse or former spouse, including an
43 unsatisfied obligation to provide support.
44 (d) ``Home state'' means the state in which a child lived with a parent
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2 -or a person acting as parent for at least six consecutive months immedi-
3 ately preceding the time of filing of a petition or comparable pleading for
4 support and, if a child is less than six months old, the state in which the
5 child lived from birth with any of them. A period of temporary absence
6 of any of them is counted as part of the six-month or other period.
7 (e) ``Income'' includes earnings or other periodic entitlements to
8 money from any source and any other property subject to withholding
9 for support under the law of this state.
10 (f) ``Income withholding order'' means an order or other legal process
11 directed to an obligor's employer, or other debtor, as defined by the
12 income withholding act, K.S.A. 23-4,105 and amendments thereto, to
13 withhold support from the income of the obligor.
14 (g) ``Initiating state'' means a state in from which a proceeding is
15 forwarded or in which a proceeding is filed for forwarding to a responding
16 state under this act or a law or procedure substantially similar to this
act,
17 the uniform reciprocal enforcement of support act or the revised uniform
18 reciprocal enforcement of support act is filed for forwarding to a respond-
19 ing state.
20 (h) ``Initiating tribunal'' means the authorized tribunal in an
initiating
21 state.
22 (i) ``Issuing state'' means the state in which a tribunal issues a
support
23 order or renders a judgment determining parentage.
24 (j) ``Issuing tribunal'' means the tribunal that issues a support order
25 or renders a judgment determining parentage.
26 (k) ``Law'' includes decisional and statutory law and rules and regu-
27 lations having the force of law.
28 (l) ``Obligee'' means:
29 (1) An individual to whom a duty of support is or is alleged to be
30 owed or in whose favor a support order has been issued or a judgment
31 determining parentage has been rendered;
32 (2) a state or political subdivision to which the rights under a duty of
33 support or support order have been assigned or which has independent
34 claims based on financial assistance provided to an individual obligee; or
35 (3) an individual seeking a judgment determining parentage of the
36 individual's child.
37 (m) ``Obligor'' means an individual, or the estate of a decedent:
38 (1) Who owes or is alleged to owe a duty of support;
39 (2) who is alleged, but has not been, adjudicated to be a parent of a
40 child; or
41 (3) who is liable under a support order.
42 (n) ``Register'' means to file a support order or judgment determining
43 parentage in the responding court.
44 (o) ``Registering tribunal'' means a tribunal in which a support order
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2 -is registered.
3 (p) ``Responding state'' means a state to in which a proceeding is
filed
4 or to which a proceeding is forwarded for filing from an initiating state
5 under this act or a law or procedure substantially similar to this act, the
6 uniform reciprocal enforcement of support act, or the revised uniform
7 reciprocal enforcement of support act.
8 (q) ``Responding tribunal'' means the authorized tribunal in a re-
9 sponding state.
10 (r) ``Spousal support order'' means a support order for a spouse or
11 former spouse of the obligor.
12 (s) ``State'' means a state of the United States, the District of Colum-
13 bia, the Commonwealth of Puerto Rico, the United States Virgin Islands,
14 or any territory or insular possession subject to the jurisdiction of the
15 United States. The term ``state'' includes an:
16 (1) An Indian tribe and includes; and (2) a foreign jurisdiction that
17 has enacted a law or established procedures for issuance and enforcement
18 of support orders which are substantially similar to the procedures under
19 this act, the uniform reciprocal enforcement of support act, or the revised
20 uniform reciprocal enforcement of support act.
21 (t) ``Support enforcement agency'' means a public official or agency
22 authorized to seek:
23 (1) Enforcement of support orders or laws relating to the duty of
24 support;
25 (2) establishment or modification of child support;
26 (3) determination of parentage; or
27 (4) to locate obligors or their assets.
28 (u) ``Support order'' means a judgment, decree or order, whether
29 temporary, final or subject to modification, for the benefit of a child, a
30 spouse or a former spouse, which provides for monetary support, health
31 care, arrearages or reimbursement, and may include related costs and
32 fees, interest, income withholding attorney fees and other relief.
33 (v) ``Tribunal'' means a court, administrative agency or quasi-judicial
34 entity authorized to establish, enforce or modify support orders or to
35 determine parentage.
36 Sec. 9. K.S.A. 23-9,205 is hereby amended to read as follows: 23-
37 9,205. (a) A tribunal of this state issuing a support order consistent with
38 the law of this state has continuing, exclusive jurisdiction over a child
39 support order:
40 (1) As long as this state remains the residence of the obligor, the
41 individual obligee or the child for whose benefit the support order is
42 issued; or
43 (2) until each individual party has all of the parties who are individ-
44 uals have filed written consent with the tribunal of this state for a
tribunal
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2 -of another state to modify the order and assume continuing, exclusive
3 jurisdiction.
4 (b) A tribunal of this state issuing a child support order consistent
5 with the law of this state may not exercise its continuing jurisdiction to
6 modify the order if the order has been modified by a tribunal of another
7 state pursuant to a law substantially similar to this act.
8 (c) If a child support order of this state is modified by a tribunal of
9 another state pursuant to a law substantially similar to this act, a
tribunal
10 of this state loses its continuing, exclusive jurisdiction with regard to
pro-
11 spective enforcement of the order issued in this state, and may only:
12 (1) Enforce the order that was modified as to amounts accruing be-
13 fore the modification;
14 (2) enforce nonmodifiable aspects of that order; and
15 (3) provide other appropriate relief for violations of that order which
16 occurred before the effective date of the modification.
17 (d) A tribunal of this state shall recognize the continuing, exclusive
18 jurisdiction of a tribunal of another state which has issued a child support
19 order pursuant to a law substantially similar to this act.
20 (e) A temporary support order issued ex parte or pending resolution
21 of a jurisdictional conflict does not create continuing, exclusive jurisdic-
22 tion in the issuing tribunal.
23 (f) A tribunal of this state issuing a support order consistent with the
24 law of this state has continuing, exclusive jurisdiction over a spousal sup-
25 port order throughout the existence of the support obligation. A tribunal
26 of this state may not modify a spousal support order issued by a tribunal
27 of another state having continuing, exclusive jurisdiction over that order
28 under the law of that state.
29 Sec. 10. K.S.A. 23-9,207 is hereby amended to read as follows: 23-
30 9,207. (a) If a proceeding is brought under this act, and one or more child
31 support orders have been issued in this or another state with regard to
32 an obligor and a child, a tribunal of this state shall apply the following
33 rules in determining which order to recognize for purposes of continuing,
34 exclusive jurisdiction:
35 (1) If only one tribunal has issued a child support order, the order of
36 that tribunal controls and must be so recognized.
37 (2) If two or more tribunals have issued child support orders for the
38 same obligor and child, and only one of the tribunals would have contin-
39 uing, exclusive jurisdiction under this act, the order of that tribunal
must
40 be recognized.
41 (3) If two or more tribunals have issued child support orders for the
42 same obligor and child, and more than one of the tribunals would have
43 continuing, exclusive jurisdiction under this act, an order issued by a
tri-
44 bunal in the current home state of the child must be recognized, but if
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1 -an order has not been issued in the current home state of the child, the
3 order most recently issued must be recognized.
4 (4) If two or more tribunals have issued child support orders for the
5 same obligor and child, and none of the tribunals would have continuing,
6 exclusive jurisdiction under this act, the tribunal of this state may issue
a
7 child support order, which must be recognized.
8 (b) If a proceeding is brought under this act, and two or more child
9 support orders have been issued by tribunals of this state or another state
10 with regard to the same obligor and child, a tribunal of this state shall
11 apply the following rules in determining which order to recognize for
12 purposes of continuing, exclusive jurisdiction:
13 (1) If only one of the tribunals would have continuing, exclusive ju-
14 risdiction under this act, the order of that tribunal controls and must be
15 so recognized.
16 (2) If more than one of the tribunals would have continuing, exclusive
17 jurisdiction under this act, an order issued by a tribunal in the current
18 home state of the child controls and must be so recognized, but if an order
19 has not been issued in the current home state of the child, the order most
20 recently issued controls and must be so recognized.
21 (3) If none of the tribunals would have continuing, exclusive jurisdic-
22 tion under this act, the tribunal of this state having jurisdiction over
the
23 parties shall issue a child support order, which controls and must be so
24 recognized.
25 (c) If two or more child support orders have been issued for the same
26 obligor and child and if the obligor or the individual obligee resides in
27 this state, a party may request a tribunal of this state to determine which
28 order controls and must be so recognized under subsection (b). The re-
29 quest must be accompanied by a certified copy of every support order in
30 effect. The requesting party shall give notice of the request to each party
31 whose rights may be affected by the determination.
32 (d) The tribunal that has issued an the controlling order recognized
33 under subsection (a), (b) or (c) is the tribunal having that has continuing,
34 exclusive jurisdiction under K.S.A. 23-9,205, and amendments thereto.
35 (e) A tribunal of this state which determines by order the identity of
36 the controlling order under subsection (b)(1) or (2) or which issues a new
37 controlling order under subsection (b)(3) shall state in that order the
basis
38 upon which the tribunal made its determination.
39 (f) Within 30 days after issuance of an order determining the identity
40 of the controlling order, the party obtaining the order shall file a
certified
41 copy of it with each tribunal that issued or registered an earlier order of
42 child support. A party who obtains the order and fails to file a certified
43 copy is subject to appropriate sanctions by a tribunal in which the issue
44 of failure to file arises. The failure to file does not affect the validity
or
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2 -enforceability of the controlling order.
3 Sec. 11. K.S.A. 23-9,304 is hereby amended to read as follows: 23-
4 9,304. (a) Upon the filing of a petition authorized by this act, an
initiating
5 tribunal of this state shall forward three copies of the petition and its
6 accompanying documents:
7 (a) (1) To the responding tribunal or appropriate support enforce-
8 ment agency in the responding state; or
9 (b) (2) if the identity of the responding tribunal is unknown, to the
10 state information agency of the responding state with a request that they
11 be forwarded to the appropriate tribunal and that receipt be acknowl-
12 edged.
13 (b) If a responding state has not enacted this act or a law or
procedure
14 substantially similar to this act, a tribunal of this state may issue a
cer-
15 tificate or other document and make findings required by the law of the
16 responding state. If the responding state is a foreign jurisdiction, the
tri-
17 bunal may specify the amount of support sought and provide other doc-
18 uments necessary to satisfy the requirements of the responding state.
19 Sec. 12. K.S.A. 23-9,305 is hereby amended to read as follows: 23-
20 9,305. (a) When a responding tribunal of this state receives a petition or
21 comparable pleading from an initiating tribunal or directly pursuant to
22 subsection (c) of K.S.A. 23-9,301, and amendments thereto, (proceedings
23 under this act), it shall cause the petition or pleading to be filed and
notify
24 the petitioner by first-class mail where and when it was filed.
25 (b) A responding tribunal of this state, to the extent otherwise au-
26 thorized by law, may do one or more of the following:
27 (1) Issue or enforce a support order, modify a child support order or
28 render a judgment to determine parentage;
29 (2) order an obligor to comply with a support order, specifying the
30 amount and the manner of compliance;
31 (3) order income withholding;
32 (4) determine the amount of any arrearages, and specify a method of
33 payment;
34 (5) enforce orders by civil or criminal contempt, or both;
35 (6) set aside property for satisfaction of the support order;
36 (7) place liens and order execution on the obligor's property;
37 (8) order an obligor to keep the tribunal informed of the obligor's
38 current residential address, telephone number, employer, address of em-
39 ployment and telephone number at the place of employment;
40 (9) issue a bench warrant for an obligor who has failed after proper
41 notice to appear at a hearing ordered by the tribunal and enter the bench
42 warrant in any local and state computer systems for criminal warrants;
43 (10) order the obligor to seek appropriate employment by specified
44 methods;
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2 -(11) award reasonable attorney fees and other fees and costs; and
3 (12) grant any other available remedy.
4 (c) A responding tribunal of this state shall include in a support order
5 issued under this act, or in the documents accompanying the order, the
6 calculations on which the support order is based.
7 (d) A responding tribunal of this state may not condition the payment
8 of a support order issued under this act upon compliance by a party with
9 provisions for visitation.
10 (e) If a responding tribunal of this state issues an order under this
11 act, the tribunal shall send a copy of the order by first-class mail to the
12 petitioner and the respondent and to the initiating tribunal, if any.
13 Sec. 13. K.S.A. 23-9,306 is hereby amended to read as follows: 23-
14 9,306. If a petition or comparable pleading is received by an inappropriate
15 tribunal of this state, it shall forward the pleading and accompanying
16 documents to an appropriate tribunal in this state or another state and
17 notify the petitioner by first-class mail where and when the pleading was
18 sent.
19 Sec. 14. K.S.A. 23-9,307 is hereby amended to read as follows: 23-
20 9,307. (a) A support enforcement agency of this state, upon request, shall
21 provide services to a petitioner in a proceeding under this act.
22 (b) A support enforcement agency that is providing services to the
23 petitioner as appropriate shall:
24 (1) Take all steps necessary to enable an appropriate tribunal in this
25 state or another state to obtain jurisdiction over the respondent;
26 (2) request an appropriate tribunal to set a date, time and place for
27 a hearing;
28 (3) make a reasonable effort to obtain all relevant information, in-
29 cluding information as to income and property of the parties;
30 (4) within two days, exclusive of Saturdays, Sundays and legal holi-
31 days, after receipt of a written notice from an initiating, responding or
32 registering tribunal, send a copy of the notice by first-class mail to the
33 petitioner;
34 (5) within two days, exclusive of Saturdays, Sundays and legal holi-
35 days, after receipt of a written communication from the respondent or
36 the respondent's attorney, send a copy of the communication by first-
37 class mail to the petitioner; and
38 (6) notify the petitioner if jurisdiction over the respondent cannot be
39 obtained.
40 (c) This act does not create or negate a relationship of attorney and
41 client or other fiduciary relationship between a support enforcement
42 agency or the attorney for the agency and the individual being assisted
43 by the agency.
44 Sec. 15. K.S.A. 23-9,501 is hereby amended to read as follows: 23-
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2 -9,501. (a) An income withholding order issued in another state may be
3 sent by first-class mail to the person or entity defined as the obligor's
4 employer under the income withholding act, K.S.A. 23-4,105 et seq. and
5 amendments thereto without first filing a petition or comparable pleading
6 or registering the order with a tribunal of this state. Upon receipt of the
7 order, the employer shall:
8 (1) Treat an income withholding order issued in another state which
9 appears regular on its face as if it had been issued by a tribunal of this
10 state;
11 (2) immediately provide a copy of the order to the obligor; and
12 (3) distribute the funds as directed in the withholding order.
13 (b) An obligor may contest the validity or enforcement of an income
14 withholding order issued in another state in the same manner as if the
15 order had been issued by a tribunal of this state; K.S.A. 23-9,604 (choice
16 of law) applies to the contest. The obligor shall give notice of the
contest
17 to any support enforcement agency providing services to the obligee and
18 to:
19 (1) The person or agency designated to receive payments in the in-
20 come withholding order; or
21 (2) if no person or agency is designated, the obligee.
22 Sec. 16. K.S.A. 23-9,502 is hereby amended to read as follows: 23-
23 9,502. (a) A party seeking to enforce a support order or an income with-
24 holding order, or both, issued by a tribunal of another state may send the
25 documents required for registering the order to a support enforcement
26 agency of this state.
27 (b) Upon receipt of the documents, the support enforcement agency,
28 without initially seeking to register the order, shall consider and, if ap-
29 propriate, use any administrative procedure authorized by the law of this
30 state to enforce a support order or an income withholding order, or both.
31 If the obligor does not contest administrative enforcement, the order
32 need not be registered. If the obligor contests the validity or administra-
33 tive enforcement of the order, the support enforcement agency shall reg-
34 ister the order pursuant to this act. Upon receipt of an income withholding
35 order, the obligor's employer shall immediately provide a copy of the
36 order to the obligor.
37 (b) The employer shall treat an income withholding order issued in
38 another state which appears regular on its face as if it had been issued
39 by a tribunal of this state.
40 (c) Except as otherwise provided in subsection (d) and K.S.A. 23-
41 9,503, and amendments thereto, the employer shall withhold and distrib-
42 ute the funds as directed in the withholding order by complying with
43 terms of the order which specify:
44 (1) The duration and amount of periodic payments of current child
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2 -support, stated as a sum certain;
3 (2) the person or agency designated to receive payments and the ad-
4 dress to which the payments are to be forwarded;
5 (3) medical support, whether in the form of periodic cash payment,
6 stated as a sum certain, or ordering the obligor to provide health insur-
7 ance coverage for the child under a policy available through the obligor's
8 employment;
9 (4) the amount of periodic payments of fees and costs for a support
10 enforcement agency, the issuing tribunal, and the obligee's attorney,
11 stated as sums certain; and
12 (5) the amount of periodic payments of arrearages and interest on
13 arrearages, stated as sums certain.
14 (d) An employer shall comply with the law of the state of the obligor's
15 principal place of employment for withholding from income with respect
16 to:
17 (1) The employer's fee for processing an income withholding order;
18 (2) the maximum amount permitted to be withheld from the obligor's
19 income; and
20 (3) the times within which the employer must implement the with-
21 holding order and forward the child support payment.
22 Sec. 17. K.S.A. 23-9,605 is hereby amended to read as follows: 23-
23 9,605. (a) When a support order or income withholding order issued in
24 another state is registered, the registering tribunal shall notify the non-
25 registering party. Notice must be given by first-class, certified or regis-
26 tered mail or by any means of personal service authorized by the law of
27 this state. The notice must be accompanied by a copy of the registered
28 order and the documents and relevant information accompanying the
29 order.
30 (b) The notice must inform the nonregistering party:
31 (1) That a registered order is enforceable as of the date of
registration
32 in the same manner as an order issued by a tribunal of this state;
33 (2) that a hearing to contest the validity or enforcement of the reg-
34 istered order must be requested within 20 days after the date of mailing
35 or personal service of the notice;
36 (3) that failure to contest the validity or enforcement of the
registered
37 order in a timely manner will result in confirmation of the order and
38 enforcement of the order and the alleged arrearages and precludes fur-
39 ther contest of that order with respect to any matter that could have been
40 asserted; and
41 (4) of the amount of any alleged arrearages.
42 (c) Upon registration of an income withholding order for enforce-
43 ment, the registering tribunal shall notify the obligor's employer pursuant
44 to the income withholding act, K.S.A. 23-4,105 et seq. and amendments
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2 -thereto.
3 Sec. 18. K.S.A. 23-9,606 is hereby amended to read as follows: 23-
4 9,606. (a) A nonregistering party seeking to contest the validity or en-
5 forcement of a registered order in this state shall request a hearing within
6 20 days after the date of mailing or personal service of notice of the
7 registration. The nonregistering party may seek to vacate the registration,
8 to assert any defense to an allegation of noncompliance with the regis-
9 tered order, or to contest the remedies being sought or the amount of
10 any alleged arrearages pursuant to K.S.A. 23-9,607, and amendments
11 thereto, (contest of registration or enforcement).
12 (b) If the nonregistering party fails to contest the validity or
enforce-
13 ment of the registered order in a timely manner, the order is confirmed
14 by operation of law.
15 (c) If a nonregistering party requests a hearing to contest the validity
16 or enforcement of the registered order, the registering tribunal shall
17 schedule the matter for hearing and give notice to the parties by first-
18 class mail of the date, time and place of the hearing.
19 Sec. 19. K.S.A. 23-9,611 is hereby amended to read as follows: 23-
20 9,611. (a) After a child support order issued in another state has been
21 registered in this state, the responding tribunal of this state may modify
22 that order only if, K.S.A. 23-9,613, and amendments thereto, does not
23 apply after notice and hearing, it finds that:
24 (1) The following requirements are met:
25 (A) The child, the individual obligee and the obligor do not reside in
26 the issuing state;
27 (B) a petitioner who is a nonresident of this state seeks modification;
28 and
29 (C) the respondent is subject to the personal jurisdiction of the tri-
30 bunal of this state; or
31 (2) an individual party or the child, or a party who is an individual,
32 is subject to the personal jurisdiction of the tribunal of this state and
all
33 of the individual parties who are individuals have filed a written consent
34 providing that for a tribunal of this state
35 may to modify the support order and assume continuing, exclusive juris-
36 diction over the order.
37 However, if the issuing state is a foreign jurisdiction that has not en-
38 acted a law or established procedures substantially similar to the proce-
39 dures under this act, the consent otherwise required of an individual re-
40 siding in this state is not required for the tribunal to assume
jurisdiction
41 to modify the child support order.
42 (b) Modification of a registered child support order is subject to the
43 same requirements, procedures and defenses that apply to the modifi-
44 cation of an order issued by a tribunal of this state and the order may be
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2 -enforced and satisfied in the same manner.
3 (c) A tribunal of this state may not modify any aspect of a child sup-
4 port order that may not be modified under the law of the issuing state.
5 If two or more tribunals have issued child support orders for the same
6 obligor and child, the order that controls and must be so recognized under
7 K.S.A. 23-9,207, and amendments thereto, establishes the aspects of the
8 support order which are nonmodifiable.
9 (d) On issuance of an order modifying a child support order issued
10 in another state, a tribunal of this state becomes the tribunal of contin-
11 uing, exclusive jurisdiction.
12 (e) Within 30 days after issuance of a modified child support order,
13 the party obtaining the modification shall file a certified copy of the
order
14 with the issuing tribunal which had continuing, exclusive jurisdiction over
15 the earlier order, and in each tribunal in which the party knows that
16 earlier order has been registered.
17 Sec. 20. K.S.A. 23-9,902 is hereby amended to read as follows: 23-
18 9,902. This act may be cited as the uniform interstate family support act.
19 ``Act'' or ``this act,'' as used in K.S.A. 23-9,101 through 23-9,103,
23-9,201
20 through 23-9,209, 23-9,301 through 23-9,319, 23-9,401, 23-9,501, 23-
21 9,502, 23-9,601 through 23-9,612, 23-9,701, 23-9,801, 23-9,802 and, 23-
22 9,901 through 23-9,903, and sections 1 through 7 means the uniform
23 interstate family support act. The provisions of K.S.A. 23-9,101 through
24 23-9,103, 23-9,201 through 23-9,209, 23-9,301 through 23-9,319, 23-
25 9,401, 23-9,501, 23-9,502, 23-9,601 through 23-9,612, 23-9,701, 23-9,801,
26 23-9,802, 23-9,901 and 23-9,902 shall be effective on and after July 1,
27 1995. The provisions of sections 1 through 7 shall be effective on and
after
28 July 1, 1996.
29 Sec. 21. K.S.A. 23-9,101, 23-9,205, 23-9,207, 23-9,304, 23-9,305, 23-
30 9,306, 23-9,307, 23-9,501, 23-9,502, 23-9,605, 23-9,606, 23-9,611 and 23-
31 9,902 are hereby repealed.
32 Sec. 22. This act shall take effect and be in force from and after its
33 publication in the statute book.