Court Trustee Program Director
NIVD - Main Courthouse 9th floor
IVD - Main Courthouse 7th floor
IVD - 8:00 AM - 5:00 PM
NIVD - 8:00 AM - 4:00 PM
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Court Trustee - IVD
General Office Information:
The IVD Department of the Office of the Court Trustee is located on the 7th floor (west) in the Sedgwick County Courthouse at 525 N. Main, Wichita, Kansas. The office has a staff of
54 employees. Carl Wheeler is the Court Trustee and Joni Wilson-Colby is the Program Director.
Our Office hours are 8:00 A.M. to 5:00 P.M. Monday through Friday. Our fax number is
(316)660-5760. You may also e-mail the Court Trustee's office at email@example.com with
your questions and a response will be returned to you on the next business day.
The attorneys who work for the IVD program work only for the Department for Children and Families. Even if you benefit from their work, they do not represent you. They cannot give you legal advice. They cannot do any legal work on your case that goes beyond DCF services.
Kansas Child Support Service Call Center:
The call center is available to answer questions on IVD cases in regards to Federal and State tax offset, unemployment intercepts, over-payments, driver's license restriction, paternity establishment, credit reporting, federal parent locator service (FPLS) - locates, passport denial, recreational license denial, temporary assistance for families (TAF), medical viability, and audits on arrearage. The call center is available to parties involved in the IVD Program.
The call center hours of operation are Monday through Friday from 7:00 a.m. to 7:00 p.m.
Toll Free 1-888-757-2445
Federal IVD Program:
The Office of the Court Trustee contracts with the Kansas Department for Children and Families (DCF), which administers the federal IV-D (child support) program in Kansas. Participation in this program means that additional enforcement tools are available.
There is no charge to enroll in the program, but you must complete an application form. The form may be obtained by contacting the Court Trustee’s Office or the Kansas Child Support Call Center.
Some of the additional benefits of participating in this program include interception of state and federal income tax refunds to collect past due support, interception of unemployment compensation to collect child support, reporting delinquent child support to credit bureaus, assistance in locating absent parents, and the ability to file for interstate enforcement if a delinquent parent resides in another state.
Any non-custodial parent that is in arrears (behind on their child support payments) on their IVD case is eligible to have his/her driver’s license and hunting/fishing licenses suspended. Driver’s license suspension is not automatic. The determination to suspend a non-custodial parent’s driver’s license is made at the state level. In contrast, any IVD non-custodial parent who is in arrears and is not actively participating in an arrears payment plan will have their right to obtain a hunting/ fishing licenses suspended.
An obligee or obligor seeking a modification of child support may contact a private attorney, complete pro se paperwork which is available on the 4th floor at the pro se help center or apply to the Department of Children and Families (DCF) . Upon request DCF or the Court Trustee’s
office will send a "modification packet" to the obligee and obligor. The packet consists of a modification questionnaire, child care statement, and Domestic Relations Affidavit. Parties are asked to return signed and completed documents, including copies of pay stubs and documentation of the cost of health insurance. After needed information is obtained from at least one of the parties, the case will be evaluated to determine if a modification is warranted under the Kansas Child Support Guidelines.
If a modification in child support appears to be warranted, the Court Trustee files a motion to modify child support. The court date is set usually 5-6 weeks after the Court Trustee files the motion.
Parties may also file their own Motion to Modify child support. These motions are generally
heard by the court within 10-14 days after filing. However, it is important to keep in mind that a person filing a pro se motion is expected to gather necessary information and complete required documentation in order for the case to be heard. The court date for a hearing on a motion to modify child support filed pro se is usually 10-14 days after the filing of the motion.
IV-D REVIEW AND ADJUSTMENT OF SUPPORT ORDER AMOUNTS:
Federal regulations state that reviews of child support orders are necessary every three (3) years. If there is an assignment of rights to the state, the case is reviewed every thirty-six (36) months after establishment of the order or the most recent review of the order.
The Department and Children and Families sends a notification every three (3) years asking if you would like your case reviewed for modification and if so to contact your CSS worker.
Order to Appear:
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 Hearing Officer 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 6th 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 the possibility of jail time may be imposed if found in contempt. Obligor can apply for
and may qualify for court-appointed counsel. The Hearing Officer, 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 Hearing Officer 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. (This is almost the same information below under “other enforcement remedies)
UIFSA - Uniform Interstate Family Support Act:
If a delinquent obligor resides outside the state and is not subject to an income withholding order the Court Trustee can initiate interstate action under the Uniform Interstate Family Support Act (UIFSA). The Court Trustee sends copies of the support order and payment information to an enforcement agency in the other state and asks that the support order be registered there for enforcement only. The enforcement agency in what is called the responding jurisdiction. They use whatever enforcement remedies it has available to collect the child support owed. The support paid by the obligor in the other state is forwarded by the support enforcement agency or clerk of court to the Kansas Payment Center for distribution to the Obligee. While an interstate action can be initiated rather quickly by the Court Trustee’s Office, it may take 90 days after filing before enforcement action is taken in the other state.
Other Enforcement Remedies:
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.
Please keep in mind that our office will need at least a week’s notice to prepare the calculation and provide a copy to the entity requesting the information.