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DCR 3.401 Domestic Relations Cases

1. (a)    Captions in Divorce Cases. The caption in divorce cases shall  include the full name of the parties. Filings will not be accepted if full names are not in the caption. 

    (b)    Ex Parte Orders.

(1)    In domestic cases, motions for ex parte orders pursuant to K.S.A. 23-2224 or 23-2707 shall be presented upon, or in conformity with the application and order forms prescribed by the Judicial Council Family Law Advisory Committee or the District Court. Forms approved by the Court shall be available through the Office of the Clerk of the Court [F 3.402]. Unless specifically waived by the Court, relief different from that provided for in the standard application and order forms, may be had only upon a verified motion which sets forth the reasons for requesting relief different than provided in the approved forms. All modified ex parte orders shall set forth the Court's findings which support the granting of the requested relief.

(2)    General Order on Temporary Child Custody and Child Support 

        (a)    Unless the Court finds a probability of abuse or neglect and necessity based upon corroborated sworn testimony, no ex parte orders of temporary child custody or child support shall be entered without a hearing. 

        (b)    Until permitted to do so by a specific order of the Court, neither party shall remove minor children from the jurisdiction of the Court nor from the residence where the children usually reside at the time the action was filed.

(3)    General Order on Temporary Maintenance

Unless the Court finds extreme circumstances and necessity, no order for temporary maintenance shall be issued by the Court until after a hearing.

(4)    The Court shall establish a weekly docket to take up motions for temporary child custody, child support and maintenance or for modification of any temporary order. The moving party must provide at least 48 hours notice to the non-moving party. 

            Supporting Documents Required. All motions for temporary child support shall be 
        accompanied by an Affidavit according to Supreme Court Rule 139 and Child Support 
        Worksheet according to Child Support Guidelines adopted by the Kansas Supreme Court

            Modification of ex parte Orders. Requests to vacate or modify ex parte orders obtained 
        under this rule shall be made by written motion and shall comply with Supreme Court Rule 139
        and Child Support Guidelines adopted by the Kansas Supreme Court.

2.    (a)    Documents Required. In all domestic actions, counsel shall bring to the final hearing 

            (1)    a proposed form of divorce decree if the case is uncontested 
            (2)    a domestic relations affidavit 
            (3)    if children are involved, 

                    (A) a completed Child Support Worksheet required by the Child Support Guidelines adopted by the Kansas Supreme Court and 

                    (B) evidence that the parents attended an educational program for divorcing parents required by this rule and 

            (4)    the State of Kansas Department of Health and Environment Vital Statistics form. The journal entry will not be filed by the Court until the documents are furnished. 

       (b)    Hearings on Contested Cases - Documents Required. In all contested domestic cases the parties shall exchange, file and furnish to the trial judge, at least fourteen (14) days prior to hearing, a domestic relations affidavit, if children are involved a completed child support worksheet, and the parties' proposals for division of property, allocation of debt, and maintenance. 

       (c)    Submission of Journal Entry - Unless otherwise specifically ordered by the trial judge, counsel directed to prepare and order, journal entry or decree in contested domestic cases shall submit their proposed order, journal entry or decree to the Court and opposing counsel within fourteen (14) days following the decision pursuant to Supreme Court Rule 170.

3.    Real Estate Involved. Counsel in all divorce cases in which title to real estate is involved shall file one additional copy of the journal entry for certification to the County Clerk pursuant to the statute.  Any order, journal entry, divorce decree or judgment that changes the ownership or title to real estate must contain on the margin of the first page the notation "TITLE TO REAL ESTATE INVOLVED".

4.    Educational Sessions for Parents. Parents with minor children in all divorce actions filed shall attend an educational program approved by the Court which deals with the impact of divorce on children within four (4) weeks after the action is filed or as directed by the trial judge. A party shall not be subject to this requirement if the Court finds that the party is indigent and that the fee will not be waived or reduced by the agency to permit attendance at such program. The requirement of this rule may be waived for good cause at any time by the trial judge.

5.    Payment and Enforcement of Child Support. Pursuant to Rule 172 of the Kansas Supreme Court and the provisions of K.S.A. 23-492 et. seq., all child support orders shall be enforced by the District Court Trustee's office or the contracting agent for IV-D cases. 

        (a)    Unless the court orders otherwise, every child support or spousal support payment-whether temporary or permanent- must be made to the Kansas Payment Center.

        (b)    Mandatory Supplemental Orders. All orders for payment of child support, including modifications of existing support orders shall either contain the following as mandatory supplemental orders or adopt by reference a separate order containing these provisions filed contemporaneously therewith:


IT  IS FURTHER ORDERED that all child support and maintenance payments shall be paid to the Kansas Payment Center, P.O. Box 758599, Topeka, Kansas 66675-8599.  Any payments of child support not made in accordance with this provision shall be presumptively disallowed.  Any payments made payable to the obligee may be endorsed and cashed by the Kansas Payment Center.

IT IS FURTHER ORDERED that the Office of the Kansas Department for Children and Families ("DCF") or their contracting agent for IV-D cases, or the District Court Trustee for private cases shall monitor and enforce the payments of support ordered herein and may pursue on behalf of any child all civil remedies available to the obligee to enforce payments of child support.

IT IS FURTHER ORDERED that each party shall inform the Clerk of the District Court, the Call Center at 1-888-757-2445 for IV-D cases, or the District Court Trustee for private cases in writing of any change of name, residence and employer including address within seven (7) days after such change.

IT IS FURTHER ORDERED that withholding of income to enforce this order of support shall take effect without further notice to K.S.A. 23-3103, and all amendments thereto.

IT IS FURTHER ORDERED that the amount of child support payable per month in this case is $_____________, due on or before the ______ day of each month and $_____________ on arrears each month. The payments in this case are to be paid monthly.

IT IS FURTHER ORDERED that the home addresses and telephone numbers, employment names, addresses, and telephone numbers, and social security numbers of each party shall be included each time an order is entered.


    (c)    Exemptions from this Rule. The District Judge assigned to domestic matters shall review for exemption determination all written motions from parties requesting exemption from this rule, and all journal entries submitted not in compliance with the mandatory supplement provisions of this rule pursuant to the following: 

            (1)    It shall be the general rule that exemptions not be granted except for good cause shown
       pursuant to K.S.A. 23-383, and all amendments thereto; 

            (2)    Consideration may be given as exceptions to the general rule of non-exemption when a
       movant proves the following: 

                    (A)    The support order is being regularly paid by an irrevocable mandatory military
            allotment; or 

                    (B)    The support order has been satisfied by a posted security bond or endowed
             irrevocable trust. 

                    (C)    The support order is being regularly paid by auxiliary Social Security payments.

(3) Exemptions granted shall be by written order. 

        (d)    FilingThe Clerk of the District Court shall not accept for filing any order for child support  which does not contains the mandatory supplemental orders or adopts the same by reference to a separate order filed contemporaneously therewith.

        (e)    Record of Support Payments. The Kansas Payment Center shall maintain a record of all child support and maintenance payments in all cases subject to this rule. In cases where both maintenance and child support are collected, payments will be first applied to current child support then to current maintenance and any remaining amounts will be applied first to past due child support then to past due maintenance. In cases where only child support is collected, payments will be first applied to current child support then to past due child support. Any support payment not received on the due date set forth in the Order of Support will be considered overdue. 

        (f)    Support Orders Converted to Monthly Awards. Due to the need to make optimum use of available computer data storage space, all support orders not issued as monthly amounts shall be converted to monthly amounts for record keeping purposes per the following conversion table and posted on the final due date of the month: 

            weekly amount times 4.333, 

            bi-weekly amount times 2.166, and 

            semi-monthly amount times 2. 

        (g)    Temporary Support Orders. Trustee's office or contracting agent for IV-D cases shall not enforce temporary support orders in a case after the entry of the final divorce decree unless a judgment for temporary support is specifically awarded by the Court in the final divorce decree. 

        (h)    Payment Disbursement. The Kansas Payment Center is authorized to disburse all payments received pursuant to temporary or permanent support or maintenance orders to the party entitled to receive same without further order of the Court.

If the Kansas Payment Center receives any funds through an income withholding order that causes over-collection of support in the case, the Kansas Payment Center shall apply the excess amount to the current support obligation in the successive months following the over-collection. Upon satisfaction of all obligations of future support in such cases, the Kansas Payment Center shall refund the overage to the obligor within a reasonable time. 

        (i)    Cost of Enforcement. The fee to be charged by the District Court Trustee shall be established by the Chief Judge per K.S.A. 20-380, and all amendments thereto.

6.    (a)    Powers of District Court Trustee. The District Court Trustee in the Third Judicial District is empowered to pursue all civil remedies which are available to an obligee in establishing and enforcing payments of support, and may perform all other duties with full powers authorized by K.S.A. 20-379, and all amendments thereto. 

        (b)    Trustee's Duty to Child. The District Court Trustee's obligation under this rule to enforce child support orders is on behalf of and in the interest of the minor child or children of the parties in each case. There is no attorney-client relationships or duty created between an obligee or obligor and the Office of District Court Trustee. 

        (c)    Right to Private Counsel. Nothing in this rule shall be construed to prohibit the right of any party to employ private counsel, at their own expense, or to enforce payment or modify orders of child support. However, private counsel shall furnish the District Court Trustee with notice of all proceedings and copies of all motions, pleadings and orders obtained in every case which is monitored and enforced by the District Court Trustee.

7.    Time Standards - Extensions of time and Continuance of Hearings. The provisions of K.S.A. 60-206 shall govern the computation of time periods set forth in this rule.  The provisions of DCR 3.208 apply to motions for an extension of time to perform an act and motions for continuances in domestic cases.

    (1)  
90% in 90 days.
    (2)   98% in 180 days.
    (3)   100% in 365 days. 

8.    Chambers copies.  A copy of all pleadings shall be provided to the division assigned to the case or to the Administrative Hearing Officer depending on the nature of the matter.  Where a hearing has already been set, the chambers copy of every motion, response, reply, release DRA, child support worksheet, brief or supplemental factual statement must include in the upper right hand corner of the first page the date and time of the hearing.

9.    Expedited Judicial Process. Pursuant to K.S.A. 20-164 and Kansas Supreme Court Rule 172, there shall be appointed an Administrative Hearing Officer to hear all matters authorized by law, and specifically in the Third Judicial District to include parentage proceedings, post judgment motions and hearings related to the establishment, modification, and enforcement of support orders on all IV-D matters.  The following procedures shall be applicable to matters assigned to the Administrative Hearing Officer: 

        (1)    Motions to modify or establish post judgment child support obligations and motions to enforce parenting time shall be scheduled on the Administrative Hearing Officer's docket by the Administrative Hearing Officer's staff, (251-4651) if filed by an attorney or by the Clerk of the District Court's office if filed by a pro se party. Counsel for the moving party shall mail hearing notice of the setting to opposing counsel and all parties concerned at their last known addresses or as required by statute. The Clerk of the District Court shall mail notice in pro se cases; 

        (2)    All motions and actions brought under the "Expedited Judicial Process" procedures shall be initially set for hearing before the Administrative Hearing Officer. Any motion may be transferred by the Administrative Hearing Officer to a District Judge or a matter may be removed from the Administrative Hearing Officer on order of a District Judge. 

               
(a)     Qualifications and Supervision. The hearing officer shall be an attorney admitted to the practice of law in the State of Kansas and shall be directly supervised by and serve at the pleasure of the Chief Judge or a judge or judges designated by the Chief Judge. 
    
               (b)    Hearing Officer Powers. Matters cognizable by the hearing officer shall include all IV-D motions to establish or modify child support, acceptance of voluntary acknowledgment of parentage, motions to stay or contest the issuance of an income withholding order, the determination of the necessity for a contempt hearing, the monitoring of purging orders, issuing summons and subpoenas and such other matters as they may be within the purview of Rule 172 as long as it is an open IV-D case. 

               (c)    Preparation of Motions; Setting: Notice of Hearing. Upon the request of any party, the Clerk of the District Court, District Court Trustee or contracting agent for IV-D cases shall provide written forms approved by the Court for modification of child support or enforcement or modification of visitation. The Clerk of the District Court also shall cause such motion to be scheduled on the hearing officer's docket or scheduled in the Division assigned the case and shall mail hearing notices of the settings to all interested parties at their last known address or to the attorney of record or as otherwise required by statute. 

               
(d)    Accusations in Contempt. Contempt citations and Aids in Executions shall be heard at dockets as assigned by the Chief Judge. 
    
               (e)    
 Judicial Review. All orders issued by the hearing officer shall be subject to judicial review on the written motion of any party filed within fourteen (14) days after the Administrative Hearing Officer's order is filed with the Clerk. If no motion is filed within fourteen (14) days objecting to the hearing officer's order, it shall be deemed a final order of the district court. 

               (f)    Copi
es of Support Payment Records. All support payments can be accessed through the Kansas Payment Center at www.kspaycenter.com.

10.    Motions to change custody or residency.

               (a)    Mediation or conciliation.  Unless an emergency exists where the health, safety and/or welfare of a child is in immediate jeopardy, a motion to change custody or residency must include information indicating that:

                        (1)    The parties have participated in two mediation or conciliations sessions, or

                        (2)    The parties have complied with the relevant terms of the divorce decree, property
         settlements agreement, parenting plan or most recent court order requiring mediation or
         conciliation or other form of alternate dispute resolution;

                        (3)    The movant has attempted in good faith to schedule mediation and/or conciliation 
        sessions with an identified mediator or conciliator which have been rejected by the other party, or 

                        (4)    The movant has in good faith scheduled mediation or conciliation sessions with an 
        identified mediator or conciliator and the other party has failed to attend or participate in the 
        scheduled sessions, or

                        (5)    The movant has attempted to discuss the requirement for mediation or conciliation 
        with the other party who has refused to discuss the same, or

                        (6)    The movant has, following a good faith effort, been unable to contact the other 
        party to discuss and/or schedule mediation or conciliations.

        (b)    Required Contents of Motion.  The motion must include a certification that the movant has in good faith conferred or attempted to confer with the opposing party or counsel, as the case may be, in an effort to reach agreement without court action and must describe the steps taken by all attorneys or unrepresented parties to resolve the issues in dispute.

        (c)    Unless otherwise ordered, the court will not entertain any motion to modify custody or residency unless counsel for the moving party has a least informally conferred or has made good faith reasonable effort to confer with the opposing party or opposing counsel concerning the matter in dispute prior to the filing of the motion.  Counsel for the moving party or the self represented litigant shall file a certificate of compliacnce with this rule as part of the motion describing the steps taken to resolve the issues in dispute.

        (d)    Good Faith Reasonable Effort Defined.  A "good faith reasonable effort to confer" means more than mailing or faxing a letter to the opposing party or sending a text or email message or leaving a voice mail message.  It requires the parties in good faith converse, confer, compare views, consult and deliberate, or in good faith attempt to do so.

        (e)    Exceptions to the Rule.  A party may be excused for the provisions of this rule where and emergency exists such that the health, safety and/or welfare of a child is in immediate jeopardy, provided that the motion sets out in detail sufficient facts to all the court to determine the nature and extent of the claimed emergency.

Revised: June 21, 2014