District Court Trustee; Appointment; Enforcement of Support; Income Withholding
Orders; Temporary Orders; Hearing Officers; Contempts; Appeals; Procedure.
1. Appointment of District Court Trustee.
The judges shall appoint a District Court Trustee and deputy trustees, to serve
at the pleasure of the court, who are licensed to practice law in the State of Kansas
and who shall be prohibited from representing parties in domestic relations actions
in Johnson County, Kansas, except as required in the performance of the duties of
the trustee or as otherwise authorized by the Chief Judge.
2. Powers of Trustee. The powers
of the trustee shall include all those set forth in K.S.A. 23-492 et seq., as amended.
The trustee shall also have the power and the duty to preside as a hearing officer
at summary administrative hearings and domestic contempt hearings as needed.
3. Appointment of Hearing Officers.
The Chief Judge shall appoint hearing officers to serve at the pleasure of the court,
who are licensed to practice law in the State of Kansas and who shall be prohibited
from representing parties in domestic support
matters in Johnson County except as required in the performance of the
duties of the hearing office or as otherwise authorized by the Chief Judge.
4. Payment and Enforcement of Support.
A. Payment of
Support Through Kansas Payment Center. All payments of support shall
be made payable to the order of the Kansas Payment Center and mailed to P.O. Box
758599, Topeka, Kansas 66675-8599, or such other address as may be designated from
time to time, unless otherwise ordered by the court All support payments shall reflect
the court order number preceded by the letters “JO” (e.g., JO 99CV001234).
of Support by District Court Trustee. All orders for support shall be
enforced by the District Court Trustee unless otherwise ordered by the court for
good cause shown upon motion with notice to the parties of record and the District
5. Costs of Enforcement. The trustee
may charge 2% of the funds collected, not to exceed $10.00 per calendar month per
case, to defray the costs of enforcement, to be placed in a special depository account
and to be disbursed as ordered by the court. Such fee may be adjusted by order of
the Chief Judge.
6. Support Orders.
Information. Upon the filing of each new or modified order of support,
except for ex parte orders, each party shall complete and file an information form
in such format as may be specified by the trustee. Each party shall provide updated
information to the trustee within 7 days following a change of name, address, or
employment. The trustee shall forward to the obligee and obligor the trustee's
information form upon the commencing of a new action or modification of an old action.
Failure of a party to provide or update this information may be considered an indirect
civil contempt of court.
All support or maintenance orders shall provide for
payment on a monthly basis the amount to be paid per pay period, and the date by
which the first payment shall be made. Absent language to the contrary, the payment
schedule shall be on the first of each month. The court trustee shall have no responsibility
to recompute the amount to be paid pursuant to any order which provides for periodic
modification based upon income information to be provided by the parties or on changes
in any cost of living index.
B. Ex parte/temporary
support orders. The clerk shall transmit to the trustee a copy of all
ex parte and temporary orders for support and the domestic relations affidavits
required by Supreme Court rule or Kansas child support guidelines. The residence,
business address, and social security numbers of both parties shall be contained
in the affidavit. The trustee shall not enforce any ex parte paternity orders unless
there is compliance with K.S.A. 38-1131. The trustee shall enforce ex parte and
temporary support orders unless the Court makes a finding upon a showing of good
cause that the District Court Trustee shall not enforce ex parte or temporary orders
Enforcement of ex parte or temporary orders for support
by the District Court Trustee shall not occur until child support is delinquent
more than thirty (30) days and maintenance is delinquent more than sixty (60) days.
The calculation of this time frame shall occur from the date of service of the party
responsible for the payment of child support and/or maintenance.
The trustee may present the following ex parte orders
to the assigned judge or hearing officers: Orders in Lieu of Payment of Social Security
Benefits, Orders Transferring to Court Trustee, Orders Withdrawing Court Trustee
Enforcement, Orders Setting Lump-Sum Judgments, and such others as approved by the
assigned judge or hearing officer.
C. Support Orders
Entered at Trial and in Post-Trial Proceedings. The clerk shall transmit
to the trustee a copy of all support orders entered at trial or in post-trial proceedings,
together with the domestic relations affidavits required by Supreme Court rule,
and the child support worksheet required by Kansas child support guidelines. The
required factual statement shall include the residence, business address, and social
security numbers of both parties. Each final support order containing orders of
child support or spousal support shall include the following provisions:
IT IS FURTHER ORDERED that all support and maintenance payments shall be made payable
to the order of the Kansas Payment Center P. O. Box 758599, Topeka, Kansas 66675-8599.
Each payment must include the Court Order Number (case number) preceded by the two
digit alpha character identifier for Johnson County (JO).
IT IS FURTHER ORDERED that the District Court Trustee shall enforce the orders of
support entered herein. Each party shall inform the District Court Trustee in writing
of any change of name, residence, and employer (with business address) within 7
days after such change.
Income Withholding Language in Child Support Orders. The following provision
shall be contained in all orders of child support or child support and maintenance
IT IS FURTHER ORDERED that unless the court makes findings in conformity with K.S.A.
23-4,107(j), income withholding shall take effect immediately to enforce the order
of child support or child support and maintenance granted herein.
Income Withholding Language in Orders for Spousal Support Only. The following
provision shall be contained in all orders wherein spousal support, and no child
support, is ordered:
IT IS FURTHER ORDERED that all spousal maintenance payments shall be subject to
income withholding but only if (a) there is an arrearage in the payment of maintenance
in an amount equal to or greater than the amount of maintenance payable for two
months, (b) the obligee spouse or ex-spouse is not living with a child of the obligor
for whom an order of support is also being enforced, and (c) there has been compliance
with K.S.A. 23-4,107(h).
7. Record of Support Payments. The
trustee shall maintain a record of child support and maintenance payments.
8. Trustee’s Records. Except for
printouts of payment records, copies of motions, and briefs of the parties, and
orders of the hearing officers, documents, and records maintained by the trustee
may be obtained only by order of the District Court upon motion with notice to all
interested parties, including the trustee.
9. Imminence of Delinquency Action.
Whenever an obligor is 7 days delinquent in any payment, the trustee shall notify
the obligor of the delinquency and that action (including income withholding) will
be taken to enforce the support order unless the support payments are immediately
10. Powers of Hearing Officers.
A. Hearing officers shall preside at summary administrative
hearings to establish, modify, or enforce support orders; to determine the division
and payment of health expenses; to impose interest on arrearages; to enforce existing
parenting time orders for parents, to enforce visitation orders for non-parents;
to hear all domestic relations contempt matters; and to conduct proceedings under
K.S.A. 23-4,110 to contest or stay withholding orders.
B. The hearing officer shall have the authority in
summary administrative hearings:
(1) To take testimony and prepare recommended written findings of fact and conclusions
of law which shall constitute the summary record;
(2) To evaluate evidence and decide the most expeditious manner either to establish
or to enforce court orders;
(3) To accept voluntary acknowledgment of support liability and stipulated agreements
setting the amount of support to be paid;
(4) To accept voluntary acknowledgment of parentage;
(5) To make recommended orders, including recommended default orders; and
(6) To hear and issue orders in contempt proceedings relating to non payment of
C. The hearing officer shall have the following additional
authority in domestic relations contempt matters:
(1) To appoint legal counsel;
(2) To approve appointed counsel fees. (Exceptional fee applications that exceed
the current maximum amount may be approved by the district court judge); and
(3) To order obligors to repay the costs of appointed counsel as a part of any domestic
relations contempt order. The trustee may charge 20% of the funds collected to defray
costs of enforcement for collection of these costs and fees.
11. Hearings Before Hearing Officers.
Record. All matters concerning modification and enforcement of support
shall be heard by the hearing officer pursuant to Kansas Supreme Court Rule 172
(1) the modification and enforcement of ex parte orders of support shall be heard
by the assigned District Court Judge, and
(2) modification and enforcement of support issues coupled with other post divorce
or similar issues such as enforcement of parenting time, the enforcement of visitation
and child custody may be set for hearing before the assigned District Court Judge.
(3) The Hearing Officers, for good cause, may retain the child support portion of
a case that would normally go to the District Court Judge.
If a verbatim record of any hearing officer's proceeding is desired it shall
be the responsibility of the party requesting the record to make appropriate arrangements
in advance of the hearing. The costs of the verbatim record shall be borne by the
The hearing officer shall prepare proposed orders on a judgment form approved by
the Chief Judge. The hearing officer shall announce the decision, after administrative
approval by the District Court, by mailing a copy to counsel for all parties, to
all pro se parties, and to the trustee.
12. Review of Contempt Findings.
Any party placed in custody as punishment for the contempt shall be entitled, upon
request, to a hearing before a District Court Judge within 48 hours thereafter.
Notice shall be given to the District Court Trustee.
13. Finality of Orders, Review Hearings, and
Motions for Rehearing.
A. Final Judgment.
An order of the hearing officer which is approved by a judge of the District Court
and filed with the clerk shall become a final judgment of the District Court unless
a party requests either (1) a rehearing before the hearing officer or (2) a review
hearing before the District Judge pursuant to Supreme Court Rule 172(h). The request
shall be by written motion filed within 14 days of the filing of the judgment and
served on counsel for all parties, on all pro se parties, and on the trustee.
or Review Hearing. Motions for a review hearing or rehearing shall be
served upon counsel for all parties, on all pro se
parties, and on the trustee. Forms for such motions shall be made available by the
trustee. A motion for rehearing shall be summarily granted or denied by the hearing
officer within 14 days of the filing of the motion. The moving party shall have
14 days following the filing of an order denying rehearing to request a review hearing
before the assigned District Judge.
C. Review Hearings
before the District Judge. Within 30 days after filing the motion for
a review hearing, the movant shall obtain from the court a date for the review hearing.
If a hearing date is not timely obtained, the motion will be dismissed for lack
of prosecution pursuant to K.S.A. 60-241(b)(2).
14. Time Standards. The Chief Judge
of the District Court shall monitor all cases subject to the expedited judicial
process in order to insure that actions to establish, modify, or enforce court obligations
are completed from the time of filing to the time of disposition as follows:
A) 90% in 90 days.
B) 98% in 180 days.
C) 100% in 365 days.
If a case involves complex issues which cannot be
resolved within these time standards, a temporary support order shall be entered
by the hearing office under expedited processes and the unresolved issues shall
be referred to the District Court.