What Is the Difference Between a Garnishment & Income Withholding in Kansas?

Under Kansas law, income withholding and garnishment are two separate legal procedures, though both can require an employer to submit part of a worker's wages to a creditor or government agency. Income withholding is an ongoing process, usually used in child support cases, while garnishments are temporary arrangements.

Garnishment

A garnishment is a court-ordered seizure of a debtor's funds on behalf of a creditor. When a judge orders a wage garnishment, the judge specifies the amount of money that an employer must deduct from the employee's paycheck each pay period. Employers may charge employees an administrative fee to offset the expenses of complying with a garnishment order. A garnishment continues until the debtor pays off the debt or the court issues an order releasing the garnishment.

Income Withholding

An income withholding order can be issued by a judge or by a child support enforcement agency. Employers must continue to withhold and submit child support payments until specifically ordered by the court or child support agency.

Child Support Issues

The Kansas Department of Social and Rehabilitation Services, the state's child support enforcement agency, informs employers on its website that an income withholding order against an employee does not mean that the employee is a "deadbeat" parent or that the employee is behind on payments. Instead, collection via income withholding orders is now standard in all cases involving court-ordered child support and has been since 1990.

Child Support Priority

Under Kansas law, child support income withholding orders receive priority over any other type of withholding or garnishment. If an employer receives a garnishment order for an employee who is already under a child support income withholding order, the employer must first pay the child support order and inform the garnishment creditor of the child support obligation. The maximum amount that can be garnished from an employee's wages is 25 percent. If the income withholding order is less than this amount, then the employer must garnish and submit the difference to the employee's creditor or creditors.