Kan. R. Jud. Dist. 17

As amended through October 30, 2024

Rule 17 - Court Trustee Program

The District Court Trustee is authorized and empowered to pursue all civil remedies available to establish and enforce payment of child support and spousal maintenance orders, however, the court trustee shall not seek to establish or modify spousal support. Any motion to modify the amount of support shall not be heard until notice has been given to the parties and their attorneys of record, if any. The court trustee shall not modify interlocutory orders, but shall enforce them.

The term "support" as used in this order shall refer to all child support, spousal maintenance and medical support orders, including both interlocutory (temporary) orders and final orders.

To defray the expenses of operating the trustee program on cases exempted from monitoring and enforcement by the court trustee, a 5% fee shall be charged on the funds collected from all obligors for support. All such amounts collected shall be withheld from support payments made through the Kansas Payment Center and shall be paid to the Trustee Operations Fund of the county where collected. The trustee fee of 5% shall not be withheld in cases subject to a contractual agreement entered into between the chief judge, the court trustee and the Kansas Department of Social and Rehabilitation Services.

Pursuant to Kansas Supreme Court Administrative Order No. 154, all payments on existing, new and modified child support, maintenance and other support-related orders shall be paid to the Kansas Payment Center at P.O. Box 758599, Topeka, Kansas 66675-8599. Except as herein provided, any such payments received by the clerk of the district court shall be promptly forwarded to the Kansas Payment Center.

Court Trustee Powers and Duties

The court trustee shall have the following additional powers and duties:

a. To issue summonses, subpoenas and subpoenas duces tecum to obligors, obligees and other witnesses who possess knowledge or books and records relating to enforcement of support to appear in the office of the court trustee or before the district court for examination;

b. To administer oaths and take sworn testimony on the record or by affidavit;

c. To appoint special process servers as required to carry out the court trustees's responsibilities under this section;

d. To enter into stipulations, acknowledgments and agreements subject to approval of the court;

e. If an obligor desires to contest an order of income withholding, the court trustee shall set a hearing to permit the obligor to assert any affirmative defenses authorized by K.S.A. 23-4100;

f. To act as a "support enforcement agency" in Uniform Interstate Family Support Act cases pursuant to K.S.A. 23-9,101, et seq.

Exemptions From Court Trustee Program

All support cases are included in the court trustee program unless exempted. A written request by a party to be exempted from the court trustee program, shall be sent to the chief judge or the court trustee. The chief judge shall make a good cause determination whether a support case should be exempted from the court trustee program. The chief judge shall send written notification of the determination to the parties or their attorneys. The chief judge may grant the exemption if the following good cause criterion are applicable in the case:

1. A high degree of probability that the support payments will be made in compliance with the court order. The factors considered and the rationale for finding good cause shall be documented on the record. Factors indicating such probability include, but are not limited to;

1. an automatic withdrawal authorization to the obligor's bank, or

2. a military allotment, or

3. an automatic payment from another source such as a trust fund or escrow account, or

4. the posting of a performance bond equal to the amount of support ordered for three months or more, or

5. whether or not the obligor has an income withholding order which has been served on an employer or payor and the income withholding order is being monitored and modified by a private attorney, or

6. the obligor's payment history, or

7. any other factor considered by the court to be indicative of the obligor's ability and willingness to comply with the court order.

2. A written agreement between the parties to make direct child support payments to the obligee and not pay through the Kansas Payment Center shall constitute good cause, unless the court finds the agreement is not in the best interest of the child or children. The obligor shall file such written agreement with the court. The obligor shall maintain written evidence of the payment of the support obligation and, at least annually, shall provide such evidence to the court and the obligee.

3. Any written agreement between the parties to make direct maintenance payments to the obligee and not pay through the Kansas Payment Center shall constitute good cause. If child support and maintenance payments are both made to an obligee by the same obligor, and if the court has made a determination concerning the manner of payment of child support, then maintenance payments shall be paid in the same manner.

Mandatory Language in Support Orders

Each order for support shall include the following applicable orders:

a. "IT IS FURTHER ORDERED that the payments above required shall be made to the Kansas Payment Center, P.O. Box 758599, Topeka, Kansas 66675-8599 and each payment shall include the court order number."

b. IT IS FURTHER ORDERED no credit shall be given by the court for payments made directly to the obligee or a minor child. Each party shall inform the clerk of the district court and all other parties, in writing, or any change of name, residence and employer with business address within seven (7) days after such change."

c. IT IS FURTHER ORDERED that an income withholding order shall be issued without further notice to the parties, specifying an amount sufficient to satisfy the order of child support and to defray any arrearage. The income withholding order shall be issued regardless of whether a payor can be identified." [Used only if income withholding order.]

Every support order establishing or modifying support shall specify the payment period and the date of the month on which the payment shall become due.

The court trustee shall be responsible for insuring that the income withholding order is served on the appropriate employer or payor of income at the time the income withholding order is issued and for monitoring the income withholding order and initiating the request to serve the income withholding order on future employers, unless the case has been exempted from the trustee program. If the case is not exempted from the court trustee program, the attorney of record for the obligee shall be responsible for insuring that the income withholding order is served on the appropriate employer or payor of income at the time the income withholding order is issued and for monitoring the income withholding order and initiating the request to serve the income withholding order on future employers. If there is no attorney of record for the obligee, the obligee shall be responsible for initiating appropriate pro se action, applying for court trustee program services or retaining private counsel should the support payments cease.

Level Periodic Payments

Every child support order shall provide for level periodic payment of support, unless otherwise ordered by the court. Allowances shall be made for abatements or temporary reductions in child support as necessitated by parenting plans. Annual child support shall be determined by finding the monthly child support under the Kansas Child Support Guidelines and then multiplying by 12. Any abatements or temporary reductions shall be subtracted from the annual child support. The result shall then be divided by 12 to arrive at monthly child support.

Example #1: Child support is $300.00 per month and the court orders a two month abatement of support for summer visitation pursuant to the child support guidelines. Twelve months at $300.00 equals $3,600.00 annual child support. Ten months of $300.00 per month actual child support equals $3,000.00. The difference is between $3,600.00 - $3,000.00 equals $600.00. $600.00 divided by 12 equals $50.00 monthly adjustment for time spent with noncustodial parent. The monthly support is $300.00 minus $50.00 = $250.00.

Example #2: Child support is $300.00 per month and the court orders a three month temporary reduction of support to $100.00 for summer visitation. Twelve months at $300.00 per month equals $3,600.00 annual child support. Nine months of $300.00 per month actual child support plus the three month reduction to $100.00 equals $3,000.00 ($2,700.00 + $300.00). The difference is between $3,600.00 - $3,000.00 equals $600.00. $600.00 divided by 12 equals $50.00 monthly adjustment for time spent with noncustodial parent. The monthly support is $300.00 minus $50.00 = $250.00.

The court may approve other methods of arriving at a level periodic child support payment schedule, if the method is found to be equitable and in the best interest of the child, the obligee and obligor.

Kan. R. Jud. Dist. 17