K.S.A. » Chapter 39
Kansas Statutes Annotated

K.S.A. § 39-718b (2026)

Liability of parent or guardian for assistance provided child, exceptions

✓ current as of May 2026
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39-718b. 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.

Notes of Decisions
Cited in 17 cases, 1991–2005 · leading case: State Ex Rel. Sec'y of Soc. & Rehab. Servs. v. Guy, 937 P.2d 1252 (Kan. Ct. App. 1997).
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State Ex Rel. Sec'y of Soc. & Rehab. Servs. v. Guy, 937 P.2d 1252 (Kan. Ct. App. 1997). · cites it 22× “In moving for judgment on the pleadings, SRS also stated that Scott’s legal obligation arose under both a common-law duty and a statutory duty under K.S.A. 39-718b. Scott, however, argued that SRS had improperly switched its cause of action from one of negligence to one based on…”
In Re the Marriage of Walje, 877 P.2d 7 (Kan. Ct. App. 1994). · cites it 2× “(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.”
State Ex Rel. Sec'y Srs v. Clear, 804 P.2d 961 (Kan. 1991). · cites it 4× “does not terminate the parent's liability to repay SRS for any assistance expended upon the child's behalf under K.S.A.1989 Supp. 39-718b. On the other hand, Clear contends, and the trial court so held, that her voluntary relinquishment of parental rights to the children…”
Saafir v. Kansas Dep't of Soc. Servs. (In Re Saafir), 192 B.R. 964 (Bankr. D. Neb. 1996). · cites it 6× “Kansas DSRS obtained a judgment in 1993 for this obligation under K.S.A. § 39-718b (1994). Paragraph 1 of the agency’s 1993 judgment in Shawnee County District Court against debtor states: 1.”
State Ex Rel. Hermesmann v. Seyer, 847 P.2d 1273 (Kan. 1993). · cites it 2× “SRS also alleged that the hearing officer’s denial of reimbursement to the State for funds already paid was arbitrary and capricious and contrary to the mandates of K.S.A. 1992 Supp. 39-718b. The district judge, upon judicial review of the hearing officer’s order, determined…”
State Ex Rel Sec'y of Srs v. Cook, Jr., 26 P.3d 76 (Kan. Ct. App. 2001). · cites it 10× “SRS sought recovery from Cook under K.S.A. 39-718b. An expedited hearing was conducted under K.”
In Re Morgan, 943 P.2d 77 (Kan. Ct. App. 1997). · cites it 4× “SRS argues on appeal that the district court misinterpreted K.S.A. 39-718b. Interpretation of a statute is a question of law, subject to unlimited review on appeal.”
State ex rel. Sec'y of Soc. & Rehab. Servs. v. Clear, 804 P.2d 961 (Kan. 1991). · cites it 4× “does not terminate the parent’s liability to repay SRS for any assistance expended upon the child’s behalf under K.S.A. 1989 Supp. 39-718b. On the other hand, Clear contends, and the trial court so held, that her voluntary relinquishment of parental rights to the children…”
Michels v. Weingartner, 864 P.2d 1189 (Kan. 1993). · cites it 2× “At the hearing in April 1989, the district court found that “under K.S.A. 1989 Supp. 39-718b, Clear owed SRS $3,904 for unreimbursed assistance paid to the maternal grandmother by SRS for the support of the minor children since 1986.”
State Ex Rel. Sec'y, Dep't of Soc. & Rehab. Servs. v. Mayfield, 966 P.2d 85 (Kan. Ct. App. 1998). · cites it 7× “Mayfield argued that he was not liable for the medical and cash assistance that had been provided because K.S.A. 39-718b, the Kansas recoupment statute, denied him due process and equal protection of the laws in violation of the Fourteenth Amendment to the United States…”
State ex rel. Sec'y of Dep't of Soc. & Rehab. Servs. v. Cook, 26 P.3d 76 (Kan. Ct. App. 2001). · cites it 8× “SRS sought recovery from Cook under K.S.A. 39-718b. An expedited hearing was conducted under K.”
State ex rel. Sec'y, Dep't of Soc. & Rehab. Servs. v. Miller, 953 P.2d 245 (Kan. Ct. App. 1998). “39-709, K.S.A. 39-718b, K.S.A. 39-755, and K.S.A.”
Show all 17 citing cases →
— K.S.A. § 39-718b(a) — 8 cases
In Re the Marriage of Walje, 877 P.2d 7 (Kan. Ct. App. 1994). “(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.”
State Ex Rel. Sec'y Srs v. Clear, 804 P.2d 961 (Kan. 1991). “does not terminate the parent's liability to repay SRS for any assistance expended upon the child's behalf under K.S.A.1989 Supp. 39-718b. On the other hand, Clear contends, and the trial court so held, that her voluntary relinquishment of parental rights to the children…”
Saafir v. Kansas Dep't of Soc. Servs. (In Re Saafir), 192 B.R. 964 (Bankr. D. Neb. 1996). “Kansas DSRS obtained a judgment in 1993 for this obligation under K.S.A. § 39-718b (1994). Paragraph 1 of the agency’s 1993 judgment in Shawnee County District Court against debtor states: 1.”
State Ex Rel. Sec'y of Soc. & Rehab. Servs. v. Guy, 937 P.2d 1252 (Kan. Ct. App. 1997). “In moving for judgment on the pleadings, SRS also stated that Scott’s legal obligation arose under both a common-law duty and a statutory duty under K.S.A. 39-718b. Scott, however, argued that SRS had improperly switched its cause of action from one of negligence to one based on…”
In Re Morgan, 943 P.2d 77 (Kan. Ct. App. 1997). “SRS argues on appeal that the district court misinterpreted K.S.A. 39-718b. Interpretation of a statute is a question of law, subject to unlimited review on appeal.”
— K.S.A. § 39-718b(b) — 3 cases
In Re Morgan, 943 P.2d 77 (Kan. Ct. App. 1997). “SRS argues on appeal that the district court misinterpreted K.S.A. 39-718b. Interpretation of a statute is a question of law, subject to unlimited review on appeal.”
State ex rel. Sec'y, Soc. & Rehab. Servs. v. Anthony, 943 P.2d 77 (Kan. Ct. App. 1997).
State ex rel. Sec'y, Dep't of Soc. & Rehab. Servs. v. Cunningham, 948 P.2d 1140 (Kan. Ct. App. 1997).
— K.S.A. § 39-718b(b)(2) — 1 case
State Ex Rel. Sec'y of Soc. & Rehab. Servs. v. Guy, 937 P.2d 1252 (Kan. Ct. App. 1997). “In moving for judgment on the pleadings, SRS also stated that Scott’s legal obligation arose under both a common-law duty and a statutory duty under K.S.A. 39-718b. Scott, however, argued that SRS had improperly switched its cause of action from one of negligence to one based on…”
— K.S.A. § 39-718b(b)(3) — 1 case
In Re the Marriage of Walje, 877 P.2d 7 (Kan. Ct. App. 1994). “(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.”
— K.S.A. § 39-718b(b)(l) — 1 case
State ex rel. D.S.M. v. Mealey, 112 P.3d 956 (Kan. Ct. App. 2005).
— K.S.A. § 39-718b(e) — 1 case
State Ex Rel. Sec'y of Soc. & Rehab. Servs. v. Guy, 937 P.2d 1252 (Kan. Ct. App. 1997). “In moving for judgment on the pleadings, SRS also stated that Scott’s legal obligation arose under both a common-law duty and a statutory duty under K.S.A. 39-718b. Scott, however, argued that SRS had improperly switched its cause of action from one of negligence to one based on…”
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