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Training For Kansas Garnishment Law Requirements

What Is A Garnishment?

A wage garnishment is any legal or equitable procedure through which some portion of a person's earnings is required to be withheld by an employer for the payment of a debt. The six basic types of garnishments are child support, federal, state, or local levies, creditor garnishments, and student loans, with the largest amount of garnishments being for child support.

Employer Guidelines For Handling Garnishments

Employers generally have to notify the debtor in writing that a wage garnishment is about to start before making a garnishment and sending payments to the creditor. The wage garnishment then typically continues until the debts are paid off or otherwise resolved. Employers are required to provide employees with a copy of garnishment paperwork.

Kansas Garnishment Law Requirements

Kansas employers that receive a wage garnishment must comply with Kansas garnishment laws as well as applicable federal requirements. For most ordinary creditor garnishments, Kansas generally limits the amount that may be withheld to the lesser of 25% of disposable earnings, the amount by which disposable earnings exceed 30 times the federal minimum hourly wage, or the amount of the creditor's claim stated in the garnishment order.

Kansas Wage Garnishment Overview

A Kansas wage garnishment is a legal process through which an employer is required to withhold part of an employee's earnings to satisfy a debt. Kansas wage garnishment requirements are primarily governed by Kansas Statutes Annotated § 60-2310.

Kansas defines earnings as compensation payable for personal services, including wages, salary, commissions, bonuses, and other compensation. Disposable earnings are the portion of earnings remaining after amounts required by law to be withheld have been deducted.

How Much Can Be Garnished in Kansas?

For an ordinary wage garnishment, Kansas law generally limits the amount subject to garnishment for a workweek or longer pay period to the lesser of:

• 25% of the employee's aggregate disposable earnings
• The amount by which the employee's aggregate disposable earnings exceed 30 times the federal minimum hourly wage
• The amount of the creditor's claim stated in the garnishment order

Kansas applies these limitations to aggregate disposable earnings, meaning payroll should consider the employee's earnings and applicable garnishments when determining the amount that can legally be withheld.

Kansas Disposable Earnings

Kansas defines disposable earnings as earnings remaining after deductions required by law to be withheld. Payroll should determine disposable earnings before applying the garnishment limitation.

Employers should not simply apply a percentage to gross wages or take a percentage of an employee's take-home pay without first determining the disposable earnings amount under applicable law.

Kansas Wage Garnishment Process

An ordinary Kansas wage garnishment generally begins after a creditor obtains a judgment against an employee and obtains an order of garnishment.

When an employer receives a Kansas wage garnishment, payroll should:

• Record the date the garnishment is received
• Review the judgment and garnishment order
• Verify the employee's identity
• Determine the employee's earnings and disposable earnings
• Calculate the maximum amount subject to garnishment
• Review existing garnishments and support withholding orders
• Determine whether an exception to the ordinary garnishment limits applies
• Complete and return any required garnishee response
• Withhold the amount required by the garnishment order
• Remit withheld wages according to the applicable instructions
• Continue withholding while the garnishment remains effective
• Maintain records of calculations, withholding, and payments

Kansas Garnishment Orders

A Kansas employer that receives an order of garnishment becomes the garnishee and must comply with the requirements stated in the order and applicable Kansas law.

Kansas law provides that no one creditor may issue more than one garnishment against the earnings of the same judgment debtor during any 30-day period. The employer is required to withhold from earnings for pay periods ending during that 30-day period the amount allowed and required by law.

Kansas Garnishment Exemptions

Kansas law provides exemptions that may protect certain property and income from legal process. Certain pension and retirement funds and other specified assets may be protected from garnishment.

Employees may also have protections under federal law depending on the type of debt and source of the funds.

Employers should not independently approve or deny an employee's exemption claim unless the applicable legal process requires the employer to do so. Payroll should follow the garnishment order and any subsequent court instructions.

Kansas Child Support Garnishment

Child support and other support obligations are subject to special Kansas and federal requirements and generally are not subject to the ordinary 25% garnishment limitation.

For support orders, Kansas generally limits withholding to:

• 50% of disposable earnings when the employee is supporting a spouse or dependent child other than the person covered by the support order
• 60% of disposable earnings when the employee is not supporting another spouse or dependent child
• 55% when the employee is supporting another spouse or dependent child and the support arrears are more than 12 weeks old
• 65% when the employee is not supporting another spouse or dependent child and the support arrears are more than 12 weeks old

Kansas income withholding orders for support have priority over other legal process against the same income. Employers processing child support should therefore follow the specific income withholding order rather than applying the ordinary creditor-garnishment calculation.

Kansas Tax Garnishments

Federal and Kansas tax obligations are exceptions to the ordinary Kansas wage-garnishment restrictions. Tax debts may therefore be collected through procedures that permit withholding outside the ordinary 25% limitation.

Employers receiving a federal or Kansas tax levy should follow the instructions provided by the applicable taxing authority rather than applying the ordinary Kansas creditor-garnishment calculation.

Bankruptcy Garnishments in Kansas

Kansas law specifically provides an exception to the ordinary wage-garnishment restrictions for certain bankruptcy orders under Chapter XIII of the federal bankruptcy laws.

Employers should review bankruptcy-related wage orders carefully because bankruptcy withholding requirements can differ from ordinary judgment garnishments.

Multiple Garnishments in Kansas

Kansas employers may receive multiple garnishment or income withholding orders affecting the same employee. Payroll should review each order to determine its type, priority, and applicable withholding limitation.

Support income withholding orders receive priority over other legal process against the same income. Other garnishments remain subject to the applicable Kansas and federal limitations.

Employers should maintain a complete record of all garnishments affecting an employee and should not assume that multiple orders automatically permit withholding more than the applicable legal maximum.

Federal Garnishment Limits

Kansas' ordinary wage-garnishment limitation generally mirrors the federal Consumer Credit Protection Act's 25% disposable-earnings limitation and 30-times-federal-minimum-wage test. Federal law continues to apply to Kansas employers and may impose different limits for child support, tax debts, student loans, bankruptcy, and other obligations.

Payroll should identify the type of debt before calculating the withholding because the ordinary Kansas wage-garnishment formula does not apply to every type of collection order.

Protection From Discharge

Kansas law prohibits an employer from discharging an employee because the employee's earnings have been subjected to wage garnishment.

Employers should therefore avoid adverse employment action based solely on an employee's garnishment status.

Special Kansas Protection for Sickness

Kansas law provides a special protection when a debtor is prevented from working in the debtor's regular trade, profession, or calling for more than two weeks because of illness of the debtor or a member of the debtor's family. When the statutory requirements are met and the illness is established by the debtor's affidavit, the ordinary Kansas wage-garnishment provisions cannot be invoked until two months after recovery from the illness.

Employers should obtain appropriate legal guidance when a garnishment is affected by this provision rather than making an independent determination about whether the statutory requirements have been satisfied.

When to Stop a Kansas Wage Garnishment

Employers should continue withholding while the garnishment remains legally effective and wages remain subject to the order.

Withholding should stop when the judgment has been satisfied or when the garnishment has been released, terminated, or modified by the court or other authorized authority.

Payroll should not stop a garnishment solely because an employee states that the debt has been paid. Appropriate documentation should be obtained before terminating or changing the withholding.

Kansas Garnishment Recordkeeping

Employers should maintain records of:

• Garnishment orders
• Dates of service
• Court judgments and related documents
• Employee earnings
• Disposable-earnings calculations
• Amounts withheld
• Amounts remitted
• Support withholding orders
• Correspondence concerning the garnishment
• Documentation terminating or modifying the garnishment

Accurate records are especially important when an employee has multiple garnishments, support obligations, tax levies, or changes to the underlying court order.

Important Kansas Garnishment Compliance Points

Kansas wage garnishment compliance requires more than applying a fixed percentage to an employee's paycheck. Payroll must identify the type of obligation, calculate disposable earnings, apply the appropriate Kansas and federal limits, consider support and other statutory exceptions, respond to the garnishment order, and remit withheld wages according to the applicable instructions.

For an ordinary Kansas wage garnishment, the amount subject to withholding is generally limited to the lesser of 25% of disposable earnings, the amount by which disposable earnings exceed 30 times the federal minimum hourly wage, or the amount of the creditor's claim stated in the garnishment order.

Kansas Garnishment Law Changes

Kansas garnishment laws and procedures can change through legislation, court decisions, and administrative requirements. Thus, employers should periodically review current Kansas law and the specific garnishment documents they receive to ensure that payroll calculations and procedures remain compliant.

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