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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. 23-375 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. Unless otherwise ordered by the court, payments may be mailed to P.O. Box 758599, Topeka, Kansas 66675-8599, or such
other address as may be designated from time to time, or by any other manner authorized by the
Kansas Payment Center at their website: www.kspaycenter.com.
All support payments shall reflect the court order number preceded by
the letters “JO” (e.g., JO 99CV001234).
B. Enforcement 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 Court Trustee.
5. Costs of Enforcement. The trustee may charge a fee to defray the costs of enforcement. Such fee may be adjusted by order of the Chief Judge.
6. Support Orders.
A.
Mandatory 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. 23-2224. 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 for support.
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 to Appear for Failure to Pay,
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, www.kspaycenter.com. 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.
D.
Mandatory Income Withholding Language in Child Support
Orders. The following provision shall be contained in all orders of child support
or child support and maintenance orders:
IT IS FURTHER ORDERED that unless the court
makes findings in conformity with K.S.A. 23-3103(j), income withholding shall take
effect immediately to enforce the order of child support or child support and maintenance
granted herein.
E.
Mandatory 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
and (b) there has been compliance with K.S.A. 23-3103(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 paid.
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. 23-3106 to contest
or stay withholding orders. A hearing officer that is appointed as a judge pro temp may
hear such additional matters as the Chief Judge may determine.
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;
(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 nonpayment of support.
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.
A. Procedure: Record. All matters concerning modification
and enforcement of support shall be heard by the hearing officer pursuant to Kansas
Supreme Court Rule 172 except that:
(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.
B. Orders. 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. At the discretion of the District Court Judge,
the request need not be in writing.
13. Finality of Orders, Review Hearings, and Motions
for Rehearing.
A. Finality of Judgment.
(1) Hearing - No Transcript available. An order of the hearing officer
following a hearing for which no transcript is available or for which no audio recording was made, after it 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 self-represented
parties, and on the trustee. The review by the District Court Judge will be de novo
(as if the first hearing did not occur) and the trustee will not enforce the order subject to de novo review.
(2) Hearing - Transcript available. An order of the hearing officer
following a hearing for which a transcript is available or for which an audio recording was made, after
it 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 a rehearing before the
hearing officer. If a rehearing is denied, the judgment is final. If a review hearing before the District Judge pursuant to Supreme
Court Rule 172(h) is granted, the judgment is final subject to review.
The review is of the record applying an abuse of discretion standard. 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 self-represented
parties, and on the trustee. The trustee will enforce the hearing officer’s order as a final judgment.
If a stay of enforcement is requested, the District Court may require the Obligor to post a supersedeas bond.
B. Rehearing or Review Hearing. Motions for a review
hearing or rehearing shall be served upon counsel for all parties, on all self-represented
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.
(1) Review After Recorded Hearing. If the hearing was recorded, counsel or the self-represented party
requesting review by the assigned District Court Judge will request a transcript of the hearing
within thirty days of filing the request for review. The self-represented party or counsel
requesting review will transmit to the District Court the full transcript and all admitted exhibits
within 14 days of the completion of the transcript. If a transcript is not timely obtained, the
motion will be dismissed for lack of prosecution pursuant to K.S.A. 60-241(b)(2). A party requesting
review, may ask that the District Court review the recording of the hearing instead of a transcript
pursuant to Supreme Court Rule 172(h). Any request for review upon the recording (instead of a
transcript) must be made by motion when requesting review as set forth in subsection A above
(within 14 days of the filing of the hearing officer’s judgment).
The motion will state the reason for requesting review of the recording. If the District Court
denies the request, the party requesting review will have 14 days to request the transcript unless
otherwise ordered.
(2) Review After a Hearing Not Recorded. If the hearing was not recorded, the review will
proceed de novo. Within 30 days after filing the motion for a de novo 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.
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