The Court Trustee has many enforcement tools available to collect child support. One remedy used when unable to attach to an income source is a contempt accusation against an obligor who does not make support payments as ordered by the court. An Order to Appear and Accusation in Contempt is filed with the District Court and notice is sent to the obligee of the date the obligor is ordered to appear for a hearing. The hearing dates are set based on the availability of docket space but can typically be set within two months once the case has been reviewed by legal team.
The obligor appears before a District Court Judge on the date specified in the Order to Appear for a hearing on the Court Trustee’s Accusation in Contempt. The hearing takes place in the courtroom on the 4th Floor of the Sedgwick County Courthouse. Also appearing will be a deputy court trustee who will represent the interests of the State of Kansas. The obligee is always encouraged to attend the hearing. The obligor has a right to counsel at contempt hearings due to thepossibility of jail time may be imposed if found in contempt. Obligor can apply for and may qualify for court-appointed counsel. The Judge, after hearing statements from the deputy court trustee and the obligor or obligor’s attorney, enters appropriate orders. These include ordering the obligor to make additional payments for arrearage, orders for income withholding, and instructing the obligor to seek employment. The Judge usually orders the obligor to reappear before the Court at a later date to review compliance with the orders.
If the obligor fails to appear for the initial hearing or any subsequent order back dates, it could result in the issuance of a bench warrant for arrest.
The Court Trustee has an array of other enforcement tools available to collect delinquent child support. Among these are garnishment, attachment, execution, real and personal property liens, filing liens in civil actions and obtaining an involuntary allotment of a portion of a workers compensation award.