Wednesday, August 23, 2017
     

OFTEN ASKED QUESTIONS

HOW CAN I INQUIRE ABOUT MY CHILD SUPPORT?

Child support and maintenance are no longer  paid to the District Court.  Federal law mandates that all child support and maintenance be paid to a central repository for processing.  Child support records are available on-line at www.kspaycenter.com.  You will need to know your case number as it is filed in Marshall County  or your social security  number.  If you are unsuccessful in your attempts to log on to the website you can call the clerk of the district court office at 785-562-5301 for assistance. 

WHERE DO I SEND MY CHILD SUPPORT PAYMENTS?

The repository for Kansas is located in Topeka.  All child support payments and payment for maintenance should be made payable to “KANSAS PAYMENT CENTER” and mailed to the following address:

KANSAS PAYMENT CENTER
P O BOX 758599
TOPEKA, KS 66675-8599

You must have your case number on your check or money order with the two-letter digit for Marshall County (MS) appearing on your check.  You must know the case number of your case as it is filed in Marshall County District Court.  (Example: If your case number is 91DV100, it must read as follows on your check: MS91D 0100).  You must have 10 digits in your case number, including the space immediately after the “D”.

If you have any questions, you may contact KPC customer service at 1-877-572-5722.  If you are an employer sending payments to KPC and have questions, the number to call is 877-729-6367.  You may also contact them online at wwkspaycenter.com/.  This web page provides general information about KPC, including payment history.

HOW DO I CHANGE MY ADDRESS TO RECEIVE CHILD SUPPORT PAYMENTS?

Do not send your change of address to KPC.  Send it, in writing, to Clerk of the District Court, P. O. Box 149, Marysville, Kansas 66508-0086.  Please show your case number, if you know it.  Also show the name of the person that pays you the child support. 

HOW DO I APPLY FOR  A MARRIAGE LICENSE?                                     

If you wish to be married in Kansas, you must first apply for a marriage license.  You may apply in any county in the State of Kansas.  Both parties must be 18 years of age.  If you are under the legal age, you must have a signed and notarized consent form signed by one or both of your parents and the approval of the District Magistrate Judge. 

This form may be obtained from any district court in Kansas.  You must complete a “personal data sheet” which consists of information on both parties.   This data sheet is confidential.  In addition to other information, you will need to know the social security number or driver’s license number of both parties as well as dates of birth of each person, the maiden name of parties as well as the father’s name and state or country of birth of both parents.  Once application is made, there is a 3-day waiting period before your license may be issued.

Application Made On Pick-Up On
Monday Thursday or any business day after
Tuesday Friday or any business day after
Wednesday Monday or any business day after
Thursday Monday or any business day after
Friday Monday or any business day after

 

The marriage license fee is $85.50 which must be paid when you pick your license up from the Clerk of the District Court office.  The marriage license is good for 6 months from the date of issuance and is good anywhere in the State of Kansas.  Once the license is issued,  it is considered public record and will be published in the local newspaper.

If the parties want to be married by the District Magistrate Judge,  they must contact her at 785-562-3281.

HOW DO I OBTAIN A COPY OF MY MARRIAGE LICENSE?

If your license was obtained before June 17, 1952, you must make application to the Marshall County Genealogical Society in the Historical Courthouse, located at 1207 Broadway, Marysville, Kansas.   You may contact them by telephone at 785-562-5012 or on their  website at mchs@mvleadvocate.com further information regarding costs and payment methods.   for

You may purchase a copy of any marriage license issued by Marshall County District Court after June 17, 1952, from the Clerk of the District Court Office  located in Office #5 of the courthouse.    Copies  are .50 for the first copy and .25 for every copy after that.  If you need it certified for any reason, there is an additional fee of $1.00 for each certification.   If you make your request by mail,  you must also include a self-addressed, stamped envelope for return of the license(s)to you.  Mail your request to “Marshall County District Court, P.O. Box 149, Marysville, KS 66508.” 

Any request made by mail or in person, must also include a copy of an ID of one of the  parties on the marriage license.

You may also purchase a certified copy of your marriage license by making application to the Department of Health & Environment. 

HOW DO I GET A COPY OF MY DIVORCE DECREE?

You may get a copy of your divorce decree from the  Clerk of the District Court  office located in Office #5, in the courthouse, or by calling  785-562-5301 and give the name of the parties involved and the year you were divorced.  You will be instructed as to the cost involved, depending on the number of pages in your Decree.

HOW DO I FILE A SMALL CLAIMS PETITION?

Forms for filing a Small Claims action may be found in the Office of the Clerk of the District Court, located on the main floor of the courthouse.  You must provide the address of the person you are suing and pay a docket fee that is set by statute and determined by the total amount you are asking for in your petition. The most you can sue for in Small Claims Court is $4,000.

A claim under $500 requires a $47.50 docket fee.  A claim over $500 but less than $4,000 requires a $67.50 docket fee.  If your claim is over $4000 you may want to visit with an attorney regarding other forms of legal action to recover your money or property.

Actions where  the defendant is a Kansas resident, the small claims may be filed in the district court of the county where:

  1. The defendant resides,
  2. The plaintiff resides, if the defendant is served there,
  3. The defendant works if the defendant  served there,
  4. In replevin actions, the county where the property sought is 
    located,
  5. The estate of a decedent is being probated if the defendant
    would have been a co-defendant and a claim has been duly exhibited in the probate proceeding or
  6. The action arose if the defendant was a resident at the time the action arose.      

The clerk will calendar the matter for hearing within a certain time period which is set by law.  The defendant will receive a Summons showing the date and time of the hearing.   If the matter is settled before the trial date, the plaintiff must notify the court, in writing. 

If the defendant is unable to attend the trial on the date set, he should contact the court to request a new trial date.  The judge, in her discretion,  may or may not continue the trial.  If the defendant fails to appear for a scheduled trial date, a default judgment is granted against him. 

If either party wants witnesses present at the trial, they can have them subpoenaed by the court.  They must complete a “Praecipe for Subpoena” form that is available in the office of the clerk of the court.   They must provide an address where the witness may be served and attach a check or money order for payment of $10.00 witness fee and .54 cents per mile for round trip mileage.

HOW DO I OBTAIN A PROTECTION FROM ABUSE ORDER OR A PROTECTION FROM STALKING ORDER?

Forms for filing these actions may be obtained in the Office of the Clerk of the District Court, located on the main floor of the courthouse.  Before one of these Orders may be issued, you must meet certain qualifications, some of which are listed below:

  1. You are presently in a dating relationship with the person
    you  want restrained;
  2. You have been in a dating relationship in the past with the
    person you  want restrained;
  3. You are living together or have lived together in the past;
  4. You have had a child in common.

OR if you are wanting an order seeking protection of a minor child, the child and person you want restrained must be intimate partners or household members and abuse must have occurred. This means that one of the following must have happened:

  1. The  person physically hurt or tried to hurt you or a minor child on purpose.
  2. The person recently threatened to physically hurt you or a minor child.
  3. The person engaged in physical conduct (touching or sexual intercourse) with the minor child under the age of 16.

If you are the defendant in one of these actions, you may appear with or without an attorney.  An attorney will not be appointed to represent you.  If you do not have the funds to hire an attorney,  you may call the Access to Justice Advice Line provided by Kansas Legal Services, Inc. at 1-800-675-5860.  They will refer you to “ no cost” or “ low cost”  legal services,” advice on how to proceed in court, and a referral to mediation and related services. 

CAN I SPEAK TO A JUDGE ABOUT MY CASE?

The code of judicial ethics prohibits judges from visiting with parties about their case unless both sides of the issue are present.

HOW DO I SEARCH THE RECORDS OF DISTRICT COURT?

Records of District Court are open to the public, subject to the Open Records Acts, K.S.A. 45-215, et seq.  You can log on to the  Kansas Judicial Branch website at www.kscourts.org for an on-line guide called ”The Kansas Courts, The Open Records Act, and You …”  that will answer common questions with respect to court records.

Adoption records, expunged traffic and criminal cases, Affidavits of Prosecution and Probable Cause Affidavits, Personal information of public employees, Search warrants, Child In Need of Care cases, some Juvenile Offender cases, Social Files, Grand jury proceedings, Mental Illness cases are the exception to the Open Records Act.

A public access computer  is located in the office of the Clerk of the District Court.   If you require copies of any records you will be asked to complete a “Request for Records” form.  The copies will be provided to you, if possible, within 3 days.  If this is not possible, i.e. the record is located off-site, equipment failure, etc., you will receive a written explanation for the delay.  Copies may be provided to you for fifty cents (.50) for the first page and twenty-five cents (.25) for any additional pages.  If staff time over fifteen minutes is required to locate or copy any requested record, a fee of twelve dollars ($12.00) per hour is charged.  This will be broken down into 15 minute increments.  Prepayment of these fees is required.    No district court employee may conduct a search which requires making a legal determination such as whether a lien exists per K.S.A. 20-3133 or whether a judgment is still current.  Requests for criminal record searches for employment,  credit, or military service will be referred to the records department of the Kansas Bureau of Investigation by calling 785-296-8200.  Record searches are not conducted by the staff prior to 8:30 a.m. nor after 4:30 p.m.

HOW DID I GET CHOSEN FOR JURY SERVICE?   

The jury list in Marshall County is taken, at random , from the voter registration list as it appears in the Marshall County Clerk’s Office and a list provided by the State Motor Vehicle Department of licensed drivers in Marshall County. 

It is possible for a resident who actually lives in another county or state to receive notice that your name has been drawn for jury duty.  This is because your name still appears on the voter registration list.  If you receive notice of selection as a potential juror and you live outside of Marshall County, you must show your new address on the Juror Questionnaire you received and return it to the court.  This will remove your name from the juror list but not from the voter registration list unless you request that it be removed. 

You must be at least 18 years of age, be a United States Citizen,  a resident of Marshall County and be able to read, write and understand the English language with  a degree of  proficiency to complete the juror questionnaire, to be eligible to serve on a jury.  If you have been convicted of a felony within the preceding 10 years you are excluded from jury service.  If you are under a present adjudication of incompetency from any court you are also excused.

Very few persons are excused from jury service due to employment.  A significant portion of the jury pool would be excluded if this were sufficient reason for exclusion.  Mothers with children at home are not an automatic exclusion.

If you receive a Summons for a specific trial date, you will be instructed to call the office of the clerk of the district court the day before the trial at 785-562-5301, after 5:00 p.m. to determine if the trial is still going as scheduled.  An answering machine is available and will inform you of the trial status.  If you are instructed the trial has been cancelled and you still appear you will not be paid for that appearance.

If you are called for a specific jury trial and you have a problem with appearing on that date, you must call the clerk of the court.  It is possible to postpone your jury service to the next scheduled trial.    Summons are sent out 20 days prior to the trial date.  If you know when you receive your Summons that you  have a prior commitment, i.e. doctor’s appointment, vacation, employment training, etc., you must call as soon as possible after receiving your Summons so that you may be replaced.    If you wait until the last week before your scheduled appearance you will not be excused, unless it is an emergency situation. 

HOW DO I OBJECT TO A GARNISHMENT OF MY WAGES OR BANK ACCOUNT?

You should have received the Notice to Debtor of Exemptions  - Earnings or Non-Earnings from the creditor or the attorney for the creditor.   This form explains how to object to the garnishment.  You need to complete the Combined Debtor’s Request for Hearing, Notice of Hearing and Certificate of Service, as instructed, file it with the court and send a copy to the creditor or the creditor’s attorney.   Prior to sending  the Request, you must call the clerk of the court’s office at 785-562-5301 for a date of hearing. 

If you did not receive this form, you should contact the attorney or the plaintiff.