Garnishment - Income Withholding Orders Lump Sum Procedures
Posted on 10/21/2021 at 12:50 PM by Kansas Department of Administration
HB2015, passed during the 2013 Legislative Session, requires that a 14-day notice be provided to the Department of Children and Families (DCF) prior to a lump sum payment being made by a payor (employer) to an obligor (employee) for whom an active income withholding order (IWO) with an arrears amount has been served on the employer.
HB2015 defines lump sum payment as “income in the form of a bonus, commission, an amount paid in lieu of vacation or other leave time, or any other payment to an obligor” (employee). For employees of the State of Kansas, wages paid as a bonus, longevity payment, or leave payout qualify as a lump sum payment.
HB2015 specifies that the 14-day notice is required in order to allow the Title IV-D agency (DCF) to request a new IWO specifying the amount the payor (employer) is required to withhold from the lump sum payment. The State of Kansas must hold these funds before remitting for 14 days from the date the new order is issued to the State of Kansas.
The KPAY226 report titled “Employees with Title IV-D IWO Garnishments with Arrears”, is available every Monday in the agency’s MVS mailbox IF the agency has any employees who meet the criteria of HB2015. This report identifies the employees the agency HR/Payroll staff is responsible for tracking.
If an employee on the KPAY226 agency listing is scheduled to receive an upcoming lump sum payment that is not a longevity payment (leave payouts, bonus payments, etc.), the agency must provide the following information:
- Employee Name
- Estimated pay check date of the lump sum payment
- Total hours (Sick and Vacation, if both are to be paid) to be paid to employee
to Jennifer Holthaus in Payroll Services at Jennifer.Holthaus@ks.govNO LATER THAN 21 DAYS PRIOR TO THE CHECK DATE ON WHICH THE PAYMENT IS SCHEDULED TO BE PAID.
If an agency fails to notify payroll services of an employee’s upcoming scheduled bonus by the specified time (21 days prior), Payroll Services will notify the Agency what the next steps in the process are, generally this would be to remove the lump sum payment from the employee’s timesheet. Payroll services will work with DCF in getting the Lump Sum IWO order applied to the employee. After the 14-day notification has been completed, payment of the bonus amount can proceed. Longevity bonuses can be applied to the employee’s timesheet on the next pay period’s on-cycle. For termed employees a DA-180 “Sharp Paycheck Reversal/Adjustment/Supplemental” form will need to be submitted to payroll services to process the adjustment centrally.