State Codes and Statutes

Statutes > Kansas > Chapter23 > Article4 > Statutes_12796

23-497

Chapter 23.--DOMESTIC RELATIONS
Article 4.--ENFORCEMENT OF SUPPORT

      23-497.   Same; expenses; compensation; court trusteeoperationsfund, purposes and expenditures.(a) Except as provided further, todefray the expenses of operation of thecourt trustee's office, the court trustee is authorized to charge an amount:(1) Whether fixed orsliding scale, based upon the scope of services provided or upon economiccriteria, not to exceed5% of the support collected from obligors through such office, as determinednecessary by thechief judge as provided by this section; (2) based upon the hourly cost ofoffice operations for theprovision of services on an hourly or per service basis, with the writtenagreement of the obligee;or (3) from restitution collected, not to exceed the fee authorized by the attorney general under anycontract entered into pursuant to K.S.A. 75-719, and amendments thereto.

      (b)   All such amounts shall be paid to the court trustee operations fund ofthe county wherecollected. There shall be created a court trustee operations fund in the countytreasury of eachcounty or district court of each county, in each judicial district thatestablishes the office of courttrustee for the judicial district. The moneys budgeted to fund the operation ofexisting court trusteeoffices and to fund the start-up costs of new court trustee offices establishedon or after January1, 1992, whether as a result of a rule adopted pursuant to K.S.A. 23-494, andamendments thereto,or because this act has created a court trustee operations fund, shall betransferred from the countygeneral fund to the court trustee operations fund. The county commissioners ofthe county or groupof counties, if the judicial district consists of more than one county, by amajority vote, shall decidewhether the county or counties will have a court trustee operations fund in thecounty treasury orthe district court of each county. All expenditures from the court trusteeoperations fund shall bemade in accordance with the provisions of K.S.A. 23-492 et seq. and amendmentsthereto toenforce duties of support. Authorized expenditures from the court trusteeoperations fund mayinclude repayment of start-up costs, expansions and operations of the courttrustee's office to thecounty general fund. The court trustee shall be paid compensation as determinedby the chief judge. The board of county commissioners of each county to whichthis act may apply shallprovide suitable quarters for the office of court trustee, furnish stationeryand supplies, and suchfurniture and equipment as shall, in the discretion of the chief judge, benecessary for the use ofthe court trustee. The chief judge shall fix and determine the annual budget ofthe office of thecourt trustee and shall review and determine on an annual basis the amountnecessary to be chargedto defray the expense of start-up costs, expansions and operations of theoffice of court trustee. Allpayments made by the secretary of social and rehabilitation services pursuantto K.S.A. 23-4,117and amendments thereto or any grants or other monies received which areintended to further childsupport enforcement goals or restitution goals shall be deposited in the courttrustee operationsfund.

      (c)   The court trustee shall not charge or collect a fee for any supportpayment that is notpaid through the central unit for collection and disbursements of supportpayments pursuant toK.S.A. 23-4,118, and amendments thereto.

      History:   L. 1972, ch. 123, § 6; L. 1976, ch. 145, § 136; L.1978, ch. 105, § 8;L. 1985, ch. 115, § 37;L. 1991, ch. 96, § 1;L. 1997, ch. 182, § 100;L. 1999, ch. 57, § 38;L. 2001, ch. 195, § 11; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter23 > Article4 > Statutes_12796

23-497

Chapter 23.--DOMESTIC RELATIONS
Article 4.--ENFORCEMENT OF SUPPORT

      23-497.   Same; expenses; compensation; court trusteeoperationsfund, purposes and expenditures.(a) Except as provided further, todefray the expenses of operation of thecourt trustee's office, the court trustee is authorized to charge an amount:(1) Whether fixed orsliding scale, based upon the scope of services provided or upon economiccriteria, not to exceed5% of the support collected from obligors through such office, as determinednecessary by thechief judge as provided by this section; (2) based upon the hourly cost ofoffice operations for theprovision of services on an hourly or per service basis, with the writtenagreement of the obligee;or (3) from restitution collected, not to exceed the fee authorized by the attorney general under anycontract entered into pursuant to K.S.A. 75-719, and amendments thereto.

      (b)   All such amounts shall be paid to the court trustee operations fund ofthe county wherecollected. There shall be created a court trustee operations fund in the countytreasury of eachcounty or district court of each county, in each judicial district thatestablishes the office of courttrustee for the judicial district. The moneys budgeted to fund the operation ofexisting court trusteeoffices and to fund the start-up costs of new court trustee offices establishedon or after January1, 1992, whether as a result of a rule adopted pursuant to K.S.A. 23-494, andamendments thereto,or because this act has created a court trustee operations fund, shall betransferred from the countygeneral fund to the court trustee operations fund. The county commissioners ofthe county or groupof counties, if the judicial district consists of more than one county, by amajority vote, shall decidewhether the county or counties will have a court trustee operations fund in thecounty treasury orthe district court of each county. All expenditures from the court trusteeoperations fund shall bemade in accordance with the provisions of K.S.A. 23-492 et seq. and amendmentsthereto toenforce duties of support. Authorized expenditures from the court trusteeoperations fund mayinclude repayment of start-up costs, expansions and operations of the courttrustee's office to thecounty general fund. The court trustee shall be paid compensation as determinedby the chief judge. The board of county commissioners of each county to whichthis act may apply shallprovide suitable quarters for the office of court trustee, furnish stationeryand supplies, and suchfurniture and equipment as shall, in the discretion of the chief judge, benecessary for the use ofthe court trustee. The chief judge shall fix and determine the annual budget ofthe office of thecourt trustee and shall review and determine on an annual basis the amountnecessary to be chargedto defray the expense of start-up costs, expansions and operations of theoffice of court trustee. Allpayments made by the secretary of social and rehabilitation services pursuantto K.S.A. 23-4,117and amendments thereto or any grants or other monies received which areintended to further childsupport enforcement goals or restitution goals shall be deposited in the courttrustee operationsfund.

      (c)   The court trustee shall not charge or collect a fee for any supportpayment that is notpaid through the central unit for collection and disbursements of supportpayments pursuant toK.S.A. 23-4,118, and amendments thereto.

      History:   L. 1972, ch. 123, § 6; L. 1976, ch. 145, § 136; L.1978, ch. 105, § 8;L. 1985, ch. 115, § 37;L. 1991, ch. 96, § 1;L. 1997, ch. 182, § 100;L. 1999, ch. 57, § 38;L. 2001, ch. 195, § 11; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter23 > Article4 > Statutes_12796

23-497

Chapter 23.--DOMESTIC RELATIONS
Article 4.--ENFORCEMENT OF SUPPORT

      23-497.   Same; expenses; compensation; court trusteeoperationsfund, purposes and expenditures.(a) Except as provided further, todefray the expenses of operation of thecourt trustee's office, the court trustee is authorized to charge an amount:(1) Whether fixed orsliding scale, based upon the scope of services provided or upon economiccriteria, not to exceed5% of the support collected from obligors through such office, as determinednecessary by thechief judge as provided by this section; (2) based upon the hourly cost ofoffice operations for theprovision of services on an hourly or per service basis, with the writtenagreement of the obligee;or (3) from restitution collected, not to exceed the fee authorized by the attorney general under anycontract entered into pursuant to K.S.A. 75-719, and amendments thereto.

      (b)   All such amounts shall be paid to the court trustee operations fund ofthe county wherecollected. There shall be created a court trustee operations fund in the countytreasury of eachcounty or district court of each county, in each judicial district thatestablishes the office of courttrustee for the judicial district. The moneys budgeted to fund the operation ofexisting court trusteeoffices and to fund the start-up costs of new court trustee offices establishedon or after January1, 1992, whether as a result of a rule adopted pursuant to K.S.A. 23-494, andamendments thereto,or because this act has created a court trustee operations fund, shall betransferred from the countygeneral fund to the court trustee operations fund. The county commissioners ofthe county or groupof counties, if the judicial district consists of more than one county, by amajority vote, shall decidewhether the county or counties will have a court trustee operations fund in thecounty treasury orthe district court of each county. All expenditures from the court trusteeoperations fund shall bemade in accordance with the provisions of K.S.A. 23-492 et seq. and amendmentsthereto toenforce duties of support. Authorized expenditures from the court trusteeoperations fund mayinclude repayment of start-up costs, expansions and operations of the courttrustee's office to thecounty general fund. The court trustee shall be paid compensation as determinedby the chief judge. The board of county commissioners of each county to whichthis act may apply shallprovide suitable quarters for the office of court trustee, furnish stationeryand supplies, and suchfurniture and equipment as shall, in the discretion of the chief judge, benecessary for the use ofthe court trustee. The chief judge shall fix and determine the annual budget ofthe office of thecourt trustee and shall review and determine on an annual basis the amountnecessary to be chargedto defray the expense of start-up costs, expansions and operations of theoffice of court trustee. Allpayments made by the secretary of social and rehabilitation services pursuantto K.S.A. 23-4,117and amendments thereto or any grants or other monies received which areintended to further childsupport enforcement goals or restitution goals shall be deposited in the courttrustee operationsfund.

      (c)   The court trustee shall not charge or collect a fee for any supportpayment that is notpaid through the central unit for collection and disbursements of supportpayments pursuant toK.S.A. 23-4,118, and amendments thereto.

      History:   L. 1972, ch. 123, § 6; L. 1976, ch. 145, § 136; L.1978, ch. 105, § 8;L. 1985, ch. 115, § 37;L. 1991, ch. 96, § 1;L. 1997, ch. 182, § 100;L. 1999, ch. 57, § 38;L. 2001, ch. 195, § 11; July 1.