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District Court Trustee

Phone: 913-715-3600

588 E Santa Fe, Suite 3000, Olathe, KS 66061

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About Us

The Johnson County District Court Trustee's office is responsible for enforcement of all Johnson County support orders as well as any other court orders referred to us by another court. The Trustee is empowered to pursue all civil remedies in establishing and enforcing the payment of support. In addition, this office is authorized to collect court fees and restitution.

The office is located at 588 E. Santa Fe, Suite 3000, Olathe, Kansas 66061. 8:00 a.m. to 5:00 p.m. Monday through Friday. Please contact us at:  (913) 715-3600,  fax number is (913) 715-3700, court-trustee@jocogov.org.

There is a Self-Help Center located inside of the Courthouse to assist with filing paperwork, their phone number is 913-715-3385.

Support enforcement fees collected by the Johnson County District Court Trustee increased to 2.5% with a cap of $30.00 per month effective February 1, 2014. This new fee structure will apply to all new and existing orders for support enforced by the Court Trustee's Office. The Court Trustee may assess the increase equally between the parties. The past fee structure of 2% with a $10.00 cap had been in place for more than ten years. The current collections have been insufficient to operate the Court Trustee's office for quite some time requiring the office to meet expenses by depleting reserves accumulated over the preceding twenty years. The Court Trustee has implemented cost saving measures and increased efficiency but further reductions in reserves seriously jeopardizes the offices ability to continue serving children and families in Johnson County.

The fees charged by the Johnson County District Court Trustee continue to be some of the lowest in the State. The District Court and Court Trustee remain committed to serving the citizens of Johnson County in the most effective, efficient and cost effective manner possible.

The Johnson County District Court Trustee's office is responsible for the enforcement of more than 17,000 Johnson County support orders as well as any other court orders referred by another court and have been providing quality services to the citizens of Johnson County for over 42 years. The Trustee is empowered to pursue all civil remedies in establishing and enforcing the payment of support.

 

 

Definitions

ARREARS: Money which is overdue and unpaid. Under Kansas law, child support, once it becomes past due, is a judgment.

BI-WEEKLY: There are 26 pay periods when an individual is paid bi-weekly (compare with “semi-monthly.”)

CASE NUMBER (or court order number): The number assigned to the case upon the filing of a petition with the Clerk of the District Court. Example: 03 CV 1234. Older case numbers may appear as: 82 C 1234. The “C” or “CV” simply means the case is civil in nature. A criminal case number would look like this: 03 CR 1234. An older criminal case might appear as 82 K 1234.

CEJ: Continuing Exclusive Jurisdiction (interstate cases only)

CINC: Child in Need of Care

CITE (or citation): To summon; to command the presence of a person; to notify a person of legal proceedings against him and require his appearance.

CONTEMPT (also known as civil contempt): Wilful failure to comply with an order of the court.

CSTC: Continued Subject To Call means no further hearings scheduled at this time.

DCF: Department of Children and Families

DCT: District Court Trustee

DEFENDANT: The person defending or denying; the party against whom relief or recovery is sought in an action or suit, or the accused in a criminal case.

DELINQUENT NOTICE: A notice generated by the Office of the District Court Trustee, as required by Local Rule 26, to notify an obligor that a payment has not been made within 7 days of its due date; notification to an obligor that a delinquency exists in the case.

DRA: Domestic Relations Affidavit

EE: Obligee

GARNISHMENT: As an aid to the enforcement of a judgment, an order of garnishment can be obtained and must be issued from the Clerk of the District Court from which execution is issuable, either in connection with an execution or independently as designated by the written direction of the party entitled to enforce the judgment. The written direction must designate whether the order for garnishment is to be issued for the purpose of attaching earnings or for the purpose of attaching other property of the judgment debtor. A garnishment is not the same as an income withholding order.

HO: Hearing Officer

INCOME: Any form of periodic payment to an individual, regardless of source, including, but not limited to, wages, salary, trust, royalty, commission, bonus, compensation as an independent contractor, annuity and retirement benefits, workers compensation and any other periodic payment.

INCOME WITHHOLDING ORDER: An order issued which requires a payor to withhold income to satisfy an order for support or to defray an arrearage. This is not the same as a garnishment, because an income withholding order involves periodic payments (see definition of income). State and Federal law requires income withholding in most cases. It is not a punitive measure.

IV-D (or Title IV-D): Part D of Title IV of the Federal Social Security Act (42 U.S.C. § 651 et seq.) as amended, to be processed by the Department of Children and Families under the state’s plan for providing IV-D services such as child support services. (See “Federal IV-D program” for additional information.)

IW: Income Withholding

IWO: Income Withholding Order

JE: Journal Entry

JJA: Juvenile Justice Authority

KPC: Kansas Payment Center

NOA: Notice of Assignment

OBLIGEE: Person or entity to whom a duty of support is owed

OBLIGOR: Person who owes a duty of support to another

OR: Obligor

PAYEE: The person to whom a bill or note or check is made payable.

PAYOR: Any person or entity owing income to an obligor or any self-employed obligor and includes, with respect to a medical child support order, the sponsor or administrator of a health benefit plan. The person by whom a bill or note has been or should have been paid; the person who is to make a payment of a check, bill or note.

PETITIONER: One who presents a petition to a court. The status of the parties (Petitioner or Respondent) always remains the same.

PLANTIFF: A person who brings an action; the party who complains or sues in a civil action and is so named on the record. The status of the parties (Plaintiff or Defendant) always remains the same.

POE: Place of Employment

PRO SE: Appearing for oneself, as in the case of one who does not retain a lawyer and appears for himself pro se.

PURGE PLAN: A written statement by the obligor, to the Court, outlining why support payments have not been made as ordered in the past, and a proposal and/or explanation as to how the support obligation will be addressed in the future.

RESPONDENT: The one who answers to the petition.

SEMI-MONTHLY: There are 24 pay periods when an individual is paid semi-monthly (compare with “bi-weekly”).

TANF: Temporary Assistance to Needy Families

UIFSA: Uniform Interstate Family Support Act.

WARRANT: A written order which is made on behalf of the state and is based upon a complaint issued pursuant to statute and/or court rule and which commands a law enforcement officer to arrest a person and bring him before the court.

WC: Worker’s Compensation

 

Frequent Questions

My ex-spouse has stopped paying child support. Will a warrant be issued for his/her arrest? 

When an individual who is court-ordered to pay child support does not comply with that court order, a citation for contempt will be issued by this office, and the obligor parent will be ordered to appear for a hearing. If that individual was personally served and they fail to appear for court, a warrant may be issued at that time.

My child was placed in State custody, and is turning 18. Do I have to keep paying child support to the State when she turns 18? 

Under Kansas law, child support for a child terminates on that child’s 18th birthday, or when the child graduates from high school, whichever is later. If a child turns 18 during their senior year of high school, child support continues until June 30 of that year.

What is the difference between an "income withholding order" and a "garnishment"? 

Income withholding involves the withholding of child support from each periodic payment paid by an employer or the Social Security Administration. It is an ongoing order requiring the employer to withhold a certain amount for child support and/or maintenance (alimony). A garnishment, similarly, involves a court order to withhold certain monies. However, it is a ‘one-time’ process, such as a garnishment on a bank account. Subsequent garnishments require subsequent orders, unlike an income withholding order which requires the periodic withholding until further order.

Can I get a payment record of what I paid in (or received) for income tax purposes?  

Yes, upon request we will e-mail the payment record to the e-mail address on file.

How do I establish paternity? 

A paternity order can be established by hiring a private attorney or by contacting the Kansas Child Support Services Department at 1-888-757-2445.

How long does the child support obligation continue? 

About one month prior to your child's 18th birthday, a school certification form will be sent to the custodial parent. If the child is still in high school, per the Kansas statute, child support will continue until June 30 of that year. If the child is no longer attending school, child support ceases on the child's birthday, unless the parties have agreed otherwise and that agreement has been approved by the court, or unless the divorce decree or child support order was established in another state which allows child support to continue to another date, such as the child's 21st birthday. (See Emancipation section for further explanation).

How do I make an address change? 

For an Obligee the change must be made in writing. You may fax, email or send us a note via US mail using this form. For an Obligor the change can be made in writing, via email or by phone.

How do I get out of the Dept. of Children & Families Child Support Program in Johnson County, KS?

You must notify DCF and their contractor YoungWilliams (YW) in writing of your request.  If you are receiving cash assistance, medical coverage or daycare assistance through the State of Kansas Title IV-D program you cannot terminate child support services provided by DCF as long as you receive any of these assistance benefits.  The exception is SNAP (food) assistance.

If you are not receiving any of the above benefits you can request in writing to DCF/YW that your child support enforcement case be closed.  See sample letter.   The written notification should be mailed, faxed, emailed or delivered to YW at the following address:

                                                Kansas Child Support Services

                                                c/o YoungWilliams, LLC

                                                500 N. Rogers Road, Suite 100

                                                Olathe, KS  66062

                                                Fax:  913-210-7002

                                                Email:  olathe@ywcss.com    

                                         

You should keep a copy of the written request for your records.  Upon receipt, DCF/YW should file with the court a Notice of Termination of the Assignment of Support Rights that you signed when you applied for DCF services.  This document releases your case so that the Johnson County Court Trustee Office can then automatically resume monitoring your case court order for support enforcement.

If DCF/YW does not file a Termination of Assignment timely you may contact the Johnson County Court Trustee Office for assistance.  A copy of your written notification to DCF should be provided to the Court Trustee Office.  We can notify DCF/YW that the Notice of Termination hasn’t been filed and request they file it.  If further action is needed you can file a motion before the Hearing Officer requesting the DCF services be terminated by court order.

 

How to Access My Account

This section of the web site is currently under construction.

 

How to Make Payments

Payments for support should be mailed to: Kansas Payment Center, P.O. Box 758599, Topeka, KS 66675-8599 

Please make your check or money order payable to the Kansas Payment Center. You MUST include your social security number and court order number including county identifier, (example: JO88C 123456). Step-by-Step instructions on how to make a payment using the Kansas Payment Center

For all further information on making payments or the disbursement of payments please contact the KPC’s office, 1-877-572-5722 or visit their web page: http://kspaycenter.com

The Court usually orders parents to make your support payments to the Kansas Payment Center. When a parent pays the other parent directly, without sending the money to the Kansas Payment Center, there is no official record of the payment and no credit is given to the parent making the payment. Your payments should be made as ordered by the court. Payments should be sent to Kansas Payment Center. This office will only issue credit one time for a direct payment. No additional credit will be given without a court order.

Payment of other fees

Court services fees are paid at the Court Trustee Office. These fees include services for Parent’s Forever, Mediation, Conciliation, Higher Ground, Solid Ground, and Family Assessment/Custody Evaluations. The services are available through the Johnson County District Court/Court Services. Forms of payment are cash, money order/cashier’s check credit or debit card. You can make your payment in advance of class throughout the week or before class. Parents Forever class schedule: Monday evenings 5:15-8:15 or Wednesday mornings 8:15-10:15.

Attorney Fees

Attorney fees for court appointed counsel should be paid at the Court Trustee Office.

Links

Johnson County Law Library

Johnson County District Court

Local Court Rule Governing the Court Trustee

Kansas Child Support Guidelines

Johnson County Homepage

Workforce Partnership

Kansas Judicial Branch

Kansas Payment Center

Johnson County Bar

National Child Support Enforcement Association

Department of Children and Families

Kansas Bar

Kansas Bar Lawyer Referral

Kansas Job Link

Kansas Judicial Job Openings

Johnson County Kansas Job Link