Involuntary and Voluntary Pay Deductions: Kansas

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Daniel Press and Alan L. Rupe, Kutak Rock LLP

Summary

• A Kansas employer that receives an income withholding order for child support must begin withholding no later than the next pay period that occurs after 14 days following the date the employer was served with the order. The employer must remit the amounts withheld within seven business days after the employee's normal payday. The amount that may be withheld from an employee's pay for child support is limited. Employers may also withhold a small administrative fee. Penalties are imposed for noncompliance. See Child Support Withholding.
• Subject to certain limits, only the aggregate disposable earnings of an employee are subject to withholding to satisfy a creditor garnishment in Kansas. Employers are permitted to withhold an administrative fee from an employee's earnings in addition to the amount required to be withheld pursuant to a garnishment order. If multiple garnishment orders of any kind (i.e., child support orders and tax levies) are in effect against the same employee, the employer may combine the amounts withheld into a single payment under certain circumstances. Penalties are imposed for noncompliance. See Creditor Garnishment Withholding.
• An employee may voluntarily enter into a wage assignment to pay a debt if certain conditions are satisfied. Employees may generally authorize payroll deductions so long as they are revocable and other additional requirements are met. See Voluntary Wage Assignments.
• Restrictions on the amount of disposable earnings subject to garnishment of wages do not apply to state tax debts. See Tax Levies.