DISTRICT COURT RESPONSE TO COVID-19
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RULE 26. DISTRICT COURT TRUSTEE; APPOINTMENT; ENFORCEMENT OF SUPPORT; INCOME
WITHHOLDING ORDERS; TEMPORARY ORDERS; HEARING OFFICERS; CONTEMPTS; APPEALS;
PROCEDURE
- 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.
- 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.
- 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.
- Payment and Enforcement of Support.
- 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 23CV001234).
- 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.
- 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.
- Support Orders.
- 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.
- 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 parentage 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.
- 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.
- 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.
- 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).
- Record of Support Payments.
The trustee shall maintain a record of child support and
maintenance payments.
- 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.
- 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.
- Powers of Hearing Officers.
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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.
- The hearing officer shall have the authority in summary administrative hearings:
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To take testimony and prepare recommended written findings of fact and
conclusions of law;
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To evaluate evidence and decide the most expeditious manner either to
establish or to enforce court orders;
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To accept voluntary acknowledgment of support liability and stipulated
agreements setting the amount of support to be paid;
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To accept voluntary acknowledgment of parentage;
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To make recommended orders, including recommended default orders; and
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To hear and issue orders in contempt proceedings relating to non-payment
of support.
- The hearing officer shall have the following additional authority in domestic
relations contempt matters:
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To appoint legal counsel;
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To approve appointed counsel fees. (Exceptional fee applications that exceed
the current maximum amount may be approved by the district court judge); and
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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.
- Hearings Before Hearing Officers.
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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:
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the modification and enforcement of ex parte orders of support shall be
heard by the assigned District Court Judge, and
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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.
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The Hearing Officers, for good cause, may retain the child support portion of
a case that would normally go to the District Court Judge.
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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.
- 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.
- Finality of Orders, Review Hearings and Motions for Rehearing.
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Finality of Judgment
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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 unrepresented 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.
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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 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 unrepresented 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.
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Rehearing or Review Hearing. Motions for a review hearing or rehearing shall be
served upon counsel for all parties, on all unrepresented 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.
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Review Hearings before the District Judge
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Review After Recorded Hearing. If the hearing was recorded, counsel or the
unrepresented 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 unrepresented 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.
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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).
Time Standards.
The Chief Judge of the District Court shall monitor all cases subject to the
expedited judicial process in order to ensure that actions to establish, modify, or enforce court
obligations are completed from the time of filing to the time of disposition as follows:
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90% in 90 days.
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98% in 180 days
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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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