The 12th Judicial District Rules

RE: Interlocutory Orders in Domestic Relations Cases.

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.

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.

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

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.

RE: Expedited Judicial Process for Child Support Matters

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.

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.