Printable Format39-718b. Liability of parent or guardian for assistance provided child, exceptions. (a) Except as provided in subsection (b), a child's parent, parents or guardian shall be liable to repay to the secretary for children and families any assistance expended on the child's behalf, regardless of the specific program under which the assistance is or has been provided. When more than one person is legally obligated to support the child, liability to the secretary shall be joint and several. The secretary shall have the power and authority to file a civil action in the name of the secretary for repayment of the assistance, regardless of the existence of any other action involving the support of the child.
(b) With respect to an individual parent or guardian, the provisions of subsection (a) shall not apply to:
(1) Assistance provided on behalf of any person other than the child of the parent or guardian;
(2) assistance provided during a month in which the needs of the parent or guardian were included in the assistance provided to the child; or
(3) assistance provided during a month in which the parent or guardian has fully complied with the terms of an order of support for the child, if a court of competent jurisdiction has considered the issue of support. For the purposes of this subsection, if an order is silent on the issue of support, it shall not be presumed that the court has considered the issue of support. Amounts paid for a particular month pursuant to a judgment under this act shall be credited against the amount accruing for the same month under any other order of support for the child, up to the amount of the current support obligation for that month.
(c) When the assistance provided during a month is on behalf of more than one person, the amount of assistance provided on behalf of one person for that month shall be determined by dividing the total assistance by the number of people on whose behalf assistance was provided.
(d) Except as provided in subsection (b), a child's parent, parents or guardian shall be liable to repay to an agency or subdivision of another state any assistance substantially similar to that defined in subsection (d) of K.S.A. 39-702, and amendments thereto, which has been expended in the other state on the child's behalf, regardless of the specific program under which the assistance is or has been provided. When more than one person is legally obligated to support the child, liability to the agency or subdivision shall be joint and several.
(e) Actions authorized herein are in addition to and not in substitution for any other remedies.
History: L. 1988, ch. 218, § 5; L. 2014, ch. 115, § 81; July 1.
Law Review and Bar Journal References:
"Family Law: Children Having Children—A Father's Age is Irrelevant for Purposes of Determining Parental Responsibility [State ex rel. Hermesmann v. Seyer, 847 P.2d 1273 (Kan. 1993)]," Rebecca Proctor Wempe, 33 W.L.J. 247, 249 (1993).
CASE ANNOTATIONS
1. Parent's obligation to repay SRS for assistance noted; obligation held ended when parental rights voluntarily terminated (K.S.A. 38-125 et seq.). State ex rel. Secretary of SRS v. Clear, 248 Kan. 109, 116, 804 P.2d 961 (1991).
2. Fact that conception results from violation of K.S.A. 21-3503 does not relieve victim of duty of support. State ex rel. Hermesmann v. Seyer, 252 Kan. 646, 648, 655, 847 P.2d 1273 (1993).
3. Whether SRS may recoup assigned child support from husband who paid wife instead of trustee examined. In re Marriage of Walje, 19 Kan. App. 2d 809, 811, 877 P.2d 7 (1994).
4. Debtor's judgment debt to SRS for reimbursement of support to child did not fall with discharge exceptions. Matter of Saafir, 192 B.R. 964, 965 (1996).
5. Parent receiving ADC assistance exempt under (b)(2) from K.S.A. 39-719a requirement to repay child's medical expenses. State ex rel. Secretary of SRS v. Guy, 23 Kan. App. 2d 943, 937 P.2d 1252 (1997).
6. Parent required to repay all assistance provided on child's behalf; liability not discretionary with district court. In re Morgan, 24 Kan. App. 2d 324, 943 P.2d 77 (1997).
7. Liability of parent to SRS for reimbursement of birth expenses includes medical expenses. State ex rel. Secretary of SRS v. Cunningham, 24 Kan. App. 2d 587, 588, 948 P.2d 1140 (1997).
8. State recoupment statute does not violate supremacy clause of federal constitution. State ex rel. Secretary of SRS v. Mayfield, 25 Kan. App. 2d 452, 454, 966 P.2d 85 (1998).
9. In action brought by SRS for child support, defendant has same legal or equitable defenses as in action brought by parent. State ex rel Secretary of SRS v. Cook, 29 Kan. App. 2d 292, 26 P.3d 76 (2001).
10. No constitutional violation in state's procedure to recoup expenses incurred when children are placed in custody of SRS. State ex rel. D.S.M., Jr. & H.M.M. v. Mealey, 33 Kan. App. 2d 947, 112 P.3d 956 (2005).