QHow do I make an address change?
A. If receiving support the change must be made in writing. You may fax, email or send us a note via US mail. Your signature, case number and an effective date are required. If paying support the change can be made in writing, via email or by telephone.
QHow is Trustee notify of support orders?
A. Trustee is NOT automatically notify of support orders. Trustee rely on parties, attorneys or court to forward support orders to Trustee.
QHow long does the child support obligation continue?
A. About one month prior to your child’s 18th birthday, a school certification form will be sent regarding enrollment and attendance of high school. If the child is still in high school, child support will continue until graduation date of the school year the child turns 18 years of age. If the child is no longer attending high school, child support ceases on the child’s birthday, unless the parties have agreed otherwise and that agreement has been approved by the court. If the child is still a bona fide high school student after the school year during which the child became 18 years of age, then the party must request Trustee or their attorney to file a motion to continue support through the school year during which the child become 19 years of age. This motion is based will likely be granted, so long the child is a bona fide high school student and the parties jointly participated or knowingly acquiesced in the decision which delayed the child’s completion of high school.
Unless child support is court ordered in unequal amounts for each child, the child support would decrease proportionately as each child is emancipated. When the last child is emancipated and the last payment received, the case will close. If there is an arrearage at the time of the last child emancipating, that amount will be a judgment still due and owing.
Examples:
(a) Joan is an only child and graduated in May. Her eighteenth birthday is October 3rd. Child support is due monthly on the first day of the month. The last child support due for Joan will be for October, and this case will be closed as soon as all amounts due and owing prior to November are paid.
(b) John’s eighteenth birthday is July 21st. He will be entering his senior year in high school in August. John is one of three children, and child support is due on the first day of the month, but is paid semi-monthly. Unless otherwise court ordered, child support for John will continue until last date of the month of his graduation. If graduation date is May 19, both installment payments of the May are due. In June, the child support will reduce by one-third.
(c) Amy’s birthday is November 16th, with the child support due monthly on the 1st. A Certification of Attendance form was returned stating that Amy dropped out of high school in September. Amy will emancipate on her birthday. The last child support due will be for November.
QHow do I establish paternity?
A. A paternity order can be established by hiring a private attorney or by contacting the Department for Children and Families.
QI just moved to Harvey County/McPherson County and my court order is in another state. How do I get my order enforced?
A. You can either contact Trustee, the local Department of Social and Rehabilitation Services (SRS), now known as Department for Children and Families (DCF). In the alternative you should consult with a private attorney.
QCan I get a payment record of what I paid in (or received) for income tax purposes?
A. Is it broken down as to what is child support and what is maintenance? Yes, the Trustee will mail the payment record to the address on file or you may pick it up (upon showing proper identification).
QWhat is the difference between an “income withholding order” and a “garnishment”?
A. An 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 spousal support (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.
QMy ex-spouse has stopped paying child support. Will a warrant be issued for his/her arrest?
A. 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.
QI am paying child support but am not allowed to see the kids, or the custodial party is not complying with the visitation schedule. What can I do?
A. Our office does not enforce visitation or custody issues, you should hire an attorney to assist you in those matters. Though child custody and/or parenting time relate to child support the Trustee office cannot resolve any contested child custody and/or parenting matter. The Trustee office can provide some limited assistance if parties are in agreement on these matters. However, the Trustee office cannot represent the parties in these cases. No attorney-client relationship exists between Trustee office and the parties. Retaining an attorney is strongly recommended.
QCan I pay my monthly support obligation before the due date?
A. No, if the due date of your support order is the first day of the month, you must pay on that date each month. If you pay before this date you may not get credit pursuant to Kansas law. A support obligation is a unique debt in that you cannot pay in advance like you can for other types of debts.
QWe recently filed for divorce and have temporary orders for child support/spousal maintenance that my ex-spouse is not paying. When does enforcement begin?
A. In most instances within 30 to 60 days after orders are approved by the Court and provides such orders were forward to Trustee.
QWhat is fee for Trustee’s services?
A. The Trustee’s fee is 5% of any support collected.