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The 12th Judicial District Rules
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ADMINISTRATIVE RULE NO. 8

RE: Case Management Conferences.

All civil cases assigned to the district judge shall be scheduled for a case management conference following the timely filing of the last answer. If any defendant has failed to timely file an answer or other required responsive pleading, the clerk of the court shall immediately notify the district judge.

Unless the district judge determines a case management conference is unnecessary, all appeals of decisions of district magistrate judges to the district judge shall be scheduled for a case management conference following the filing of the notice of appeal.

The clerk of the court or the administrative assistant shall notify the parties of the scheduling of the case management conference.

The form of the notice of a case management conference shall be in substantially the same form as the attached Notice of Case Management Conference.

IN THE DISTRICT COURT OF ________________ COUNTY, KANSAS

_______________________,
      Plaintiff,

      vs

_______________________,
      Defendant.

Case No. ______

NOTICE OF CASE MANAGEMENT CONFERENCE

Pursuant to Administrative Rule No. 8 a case management conference will be conducted by teleconference call on _____________, 20__, at _____ o'clock _.m.

The teleconference call shall be initiated by plaintiff's attorney.

The Court may be reached at 785.243.8125.

______________________________
Clerk of the District Court

CERTIFICATE OF MAILING

I certify that on this ___ day of _____________, 20__, I mailed true and correct copies of the foregoing Case Management Conference Notice by depositing the same in the United States mail, postage prepaid, to:



______________________________
Clerk of the District Court

ADMINISTRATIVE RULE NO. 9

RE: Limitations on Hearings in Aid of Execution.

A judgment debtor shall not be ordered to appear for a hearing in aid of execution in a Chapter 60 or Chapter 61 case more than three (3) times in a one (1) year period. The presiding judge may waive this limitation upon a showing of good cause.

ADMINISTRATIVE RULE NO. 10

RE: Interlocutory Orders in Domestic Relations Cases.

Except as hereinafter provided, no petition for interlocutory orders in a domestic relations case shall be heard without notice being given to the party against whom the order is sought. Such notice of hearing shall be given in such manner and for such period of time as the presiding judge shall determine to be reasonable under all of the circumstances. No motion for temporary child support shall be granted until a child support worksheet and a domestic relations affidavit are submitted to the court. (SCR 139)

If the judge finds that the party seeking the interlocutory order is in real and present danger of physical harm, or if other exigent circumstances are found by the judge to exist, then the judge may enter an appropriate order ex parte to deal with the emergency and the matter shall be set for hearing with reasonable notice to the other party. No such ex parte orders shall issue until sworn testimony has been taken from the moving party. If other relief is sought by the petition or motion, the petition or motion shall be set for hearing and reasonable notice shall be given.

ADMINISTRATIVE RULE NO. 11

RE: Required Disclosures in Domestic Relations Cases.

I. Uncontested Divorce or Separate Maintenance Proceedings
No final property or support orders shall be entered until a Domestic Relations Affidavit and a Child Support Worksheet, if applicable, have been filed with the court.
II. Contested Divorce or Separate Maintenance Hearing
At least seven (7) days prior to trial, counsel shall submit to the court in chambers at Concordia, Kansas, and serve on opposing counsel copies of the following documents:
(i) Domestic Relations Affidavit
(ii) Child Support Worksheet
(iii) List of witnesses and exhibits
(iv) Any agreement or agreements to be submitted to the court for approval, including proposed property settlement agreements and proposed parenting plans
(v) A balance sheet, or similar document, showing the value of each asset, the total assets, the amount of each debt and the total debts.
(vi)All documentary exhibits to be offered at trial, including appraisal reports
(vii) Specific proposals for the equitable division of property
(viii) Specific request for maintenance, if any.
III. Post-Divorce Proceeding
Any party moving to change custody or support shall file with the motion a domestic relations affidavit.
IV. Domestic Relations Affidavits
All domestic relations affidavits shall be confidential and such affidavits shall not be disclosed to a non-party without a prior order of the presiding judge.

ADMINISTRATIVE RULE NO. 12

RE: Guardian Ad Litem for Minor in Domestic Relations Cases.

On the court's own motion, or on the motion of any party, the court may appoint an attorney as guardian ad litem to represent the interests of minor children in a divorce or separate maintenance action. The guardian ad litem shall enter an appearance and shall be notified of all hearings, receive subsequent pleadings and actively participate in the action. The guardian ad litem fees shall be determined by the court and may be taxed as costs in the action.

ADMINISTRATIVE RULE NO. 13

RE: Divorce Education Workshop.

  1. In divorce and separate maintenance cases in which there are minor children, the parents of the minor children are required to attend a divorce education workshop on the effects of divorce on children.
  2. The following divorce education workshops have been approved:

    "Divorce and Children's Needs"
    Pawnee Mental Health Services
    135 West 11th Street
    Concordia,Kansas
    (785) 243-8900

    "The Mental or Emotional Impact of Divorce on Children"
    Central Kansas Mental Health Center Family Counseling Services
    809 Elmhurst
    Salina, Kansas
    (785) 823-6322

    "Divorce and Us"
    Counseling and Growth Center, Inc.
    110 West Walnut
    Salina, Kansas
    (785) 823-3654

    The workshops will be conducted at regularly scheduled times. Each parent shall be responsible for contacting the mental health center regarding attendance at the workshop. Each parent shall be charged a fee for the workshop and shall be responsible for payment of the fee at the time the workshop is taken.

  3. Enforcement of parental rights of a party will be contingent upon prior attendance at a workshop.

  4. The workshop attendance may be required in connection with post-divorce motions and paternity cases.

  5. All interlocutory orders in domestic relations cases involving minor children shall contain the following provision:
    IT IS FURTHER ORDERED THAT petitioner and respondent shall attend a court approved divorce education workshop.

  6. . The mental health center shall file with the clerk of the court a certificate of attendance for each person who attends the workshop.

ADMINISTRATIVE RULE NO. 14

RE: Domestic Relations Mediation

Unless waived by the court, any pre-judgment disputed child custody, residency or parenting time issue not otherwise resolved by the parties must be submitted to a court approved mediator prior to the trial of the issue. Any disputed post-judgment motion to modify custody, residency or parenting time must be submitted to a court approved mediator prior to an evidentiary hearing thereon. This rule shall apply also to actions brought under the Kansas Parentage Act, K.S.A. 38-1101 et seq.

If there is a dispute concerning custody, residency or visitation which is not otherwise resolved by the parties within forty-five (45) days of the commencement of the action, one or both parties shall immediately file a motion requesting mediation. If the total child support income of the parties as determined by the Kansas Child Support Guidelines (Supreme Court Administrative Order No. 128), and amendments thereto, is less than Thirty Five Thousand Dollars ($35,000.00), the Chief Court Services Officer or her designee will be the mediator unless either party objects. If either party objects to such person, the parties may select a different court approved mediator. If the parties cannot agree on a mediator, one will be selected and appointed by the presiding judge.

Unless otherwise ordered by the court, the cost of mediation by the Chief Court Services Officer shall be paid equally by the parties. The cost for such mediation services shall be Fifty Dollars ($50.00) per person and out-of-pocket expenses, if any, which shall be paid to the clerk of the court and deposited to the Court Trustee Fund. The fee and out-of-pocket expenses, if any, shall be paid by the parties prior to the first mediation session. In any event, such sum shall be paid not later than the time the final judgment is entered in the case.

If the income of the parties is Thirty Five Thousand Dollars ($35,000.00) or more, the parties shall use a private court approved mediator who is mutually agreed upon by the parties. If the parties cannot agree on a mediator, one will be selected and appointed by the presiding judge. The cost of such mediation shall be paid by the parties in the proportions that their respective incomes bear to the total child support income, unless otherwise ordered by the court or unless otherwise agreed to by the mediator and the parties.

If mediation is required, and the parties are in agreement on a court approved mediator, the movant shall submit to the court a proposed order for mediation. All proposed orders for mediation shall be in substantially the attached form, including the names, addresses and telephone numbers of the parties.

The results of mediation shall be reported by the mediator to the court and the attorneys, or if a party is not represented, the party. If agreement, or partial agreement, is reached such agreement shall be reduced to writing and signed by the parties. Within ten (10) days of the execution of the mediation agreement by the parties, a motion to approve the mediation agreement, together with a proposed order, shall be submitted to the presiding judge for approval.

Administrative Rule No. 14 effective March 22, 2004, is hereby repealed.

The foregoing Administrative Rule shall be effective April 1, 2004.

The foregoing Administrative Rule is adopted pursuant to the authority of Supreme Court Rule No. 105, in chambers at Concordia, Kansas, and a copy there of mailed to the clerk of the Supreme Court this 31st day of March, 2004.

_______________________________
Thomas M. Tuggle
Chief Judge


IN THE DISTRICT COURT OF ____________ COUNTY, KANSAS

In the Matter of the Marriage of
_______________ and
______________.

Case No.___________

ORDER FOR MEDIATION

Now on this _____ day of _____________, 19__, the court finds that a petition for divorce has been filed in the above case, that the parties are parents of a child or children under eighteen (18) years of age and that there is a dispute as to custody, residency or visitation.

Whereupon, the court finds that the parties shall participate in mediation with ____________________________________________. The clerk of the court shall provide a copy of the Order for Mediation to the mediator upon its filing. The parties shall arrange with the mediator for the mediation and pay the cost thereof.

The results of mediation shall be reported by the mediator to the court and the attorneys, or if a party is not represented, the party. If agreement, or partial agreement, is reached such agreement shall be reduced to writing and signed by the parties. Within ten (10) days of the execution of the mediation agreement by the parties, a motion to approve the mediation agreement, together with a proposed order, shall be submitted to the court for approval.

The names, addresses and telephone numbers of the parties are:

Petitioner                                     Respondent

IT IS SO ORDERED.

________________________________________
Judge of the District Judge                                   

 

ADMINISTRATIVE RULE NO. 15

RE: Child Custody Investigation.

If child custody and visitation disputes are not resolved through mediation, the court may upon the motion of either party, or upon its own motion, order a child custody investigation.

1. The investigation may be prepared by the Twelfth Judicial District Court Services Office or another agency approved by the court. Confidentiality required in the mediation process must be waived by both parties in order for the Court Services Office to provide the report to the court. If a party does not wish to waive the confidentiality requirements of the mediation process or does not wish the Court Services Office to prepare the report, the investigation shall be conducted by another agency approved by the court.

2. Unless otherwise ordered by the court, the cost of the child custody investigation shall be equally paid by both parties. The cost for a Court Services Office investigation shall be Fifty Dollars ($50.00) per person plus out-of-pocket expenses, if any, and shall be paid to the clerk of the court not later than the time the matter is heard. If the child custody investigation is prepared by another agency approved by the court, the cost thereof shall be the responsibility of the parties.

ADMINISTRATIVE RULE NO. 16

RE: Expedited Judicial Process for Child Support Matters

Pursuant to Supreme Court Rule 172 the district magistrate judges of the judicial district are appointed to preside as hearing officers at hearings relating to the establishment, modification or enforcement of support.

ADMINISTRATIVE RULE NO. 17

RE: 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.

ADMINISTRATIVE RULE NO. 18

RE: Scheduling of Divorce and Separate Maintenance Cases

Except for good cause shown, all divorce and separate maintenance cases shall be docketed by the clerk of the court for trial on the first motion day following the expiration of sixty (60) days from the date of the filing of the petition. At the time of the trial all uncontested issues shall be heard. The remaining issues, if any, shall be bifurcated and tried at a later time. In the event petitioner fails to appear in person or by counsel for trial at the time docketed for trial by the clerk of the court, or at such later time as may be ordered by the court, the case shall be dismissed, except for good cause shown.


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Updated: March 30, 2004