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Wage Garnishment Orders in Kansas: Follow the Rules to Avoid Liability
12/20/2016
By: Shannon Wead

For employers, receiving garnishment orders is an all-too-common experience. If one of your employees falls behind on child support payments or has a judgment entered against her, you could receive a garnishment order directing you to make payments toward that obligation out of the employee's wages. As commonplace as receiving a garnishment order may be, the penalties for being inattentive to such orders are extraordinary. As an employer, you need to be aware of, and prepared to satisfy, your obligations under Kansas wage garnishment law. 

Background on wage garnishment in Kansas
 
In 2002, the state legislature amended the garnishment statutes, making the rules substantially consistent in Chapter 60 cases (the typical civil case) and Chapter 61 cases ("limited action" civil cases). Now, the substantive requirements for employers who have received garnishment orders are essentially the same under both chapters. 
 
Below are some basic guidelines that should help you navigate Kansas wage garnishment rules and the way they have been applied since their 2002 update. This article does not cover all of the rules' nuances. Employers who fail to follow the rules face harsh penalties in Kansas, so you are advised to seek the advice of counsel in handling garnishments.
 
What is wage garnishment?
 
When you receive a garnishment order, it means that one of your employees owes a judgment creditor money and the creditor wants to collect the debt by forcing you to withhold money from the employee's paycheck. 
 
On a garnishment order, you will be listed as the "garnishee." The party seeking the garnishment is the      Continue Reading...
 


Authors
Don Berner Image
Don Berner, the Labor Law, OSHA, & Immigration Law Guy
Boyd Byers Image
Boyd Byers, the General Employment Law Guy
Jason Lacey Image
Jason Lacey, the Employee Benefits Guy
Additional Sources
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