In re Ralph (Kansas 2021)

Due process requires a modification filing include all statutorily required documents. In 2017, the father filed to modify child support but failed to include the required domestic relations affidavit (DRA) or child support worksheet (CSW). In her answer, the mother noted the missing documents. Father took no further action until 2019 when he filed again, this time including the DRA and child support worksheet. He requested support be modified retroactive to the date of the 2017 filing. He argued equity demanded he be given credit for child support. The trial court modified support prospectively but denied his request for retroactive support. The father appealed. The appellate court affirmed the decision. It found the father didn’t perfect his modification filing until 2018 when he filed the petition, DRA, and CSW. Due process demanded the mother have those documents to review. The appellate court found no merit in the father’s argument that the motions was to terminate, not modify support. Had he followed the statute and not sat on his action, he would have been able to modify the support in a timely fashion.