In re Parentage of W.L. and G.L. (Kansas 2023)
A judgment entered by a court with proper jurisdiction is final and not subject to collateral attack. In this case, a stepparent filed to establish parentage of children several months after the district court adjudicated another person’s parentage. The stepparent claimed presumptions of parentage under K.S.A. 2021 Supp. 23-2208(a)(3)(A), (C), and (a)(4). The legal parents,…
Read MoreIn re Obembe (Kansas 2023)
A district court has many factors it can consider when applying the extended income formula for child support.. Payments to a 529 account, when ordered as a separate provision in a divorce decree, aren’t child support. The mother and father, both high earners, divorced. The final order set spousal support, child support for three children and, as a standalone term, required both parents to contribute monthly to a 529 account for each child. When the spousal support ended, the mother filed to modify child support. Using the extended income formula, the district court increased support and declined to count the father’s 529 contributions as support. The district court denied the father’s motion to alter or amend the judgment. He appealed on several grounds.
Read MoreIn re Pretz (Kansas 2023)
Under the law of the case, a motion to modify support can’t be used to relitigate issues already decided by the court in a previous stage of the case. The district court granted the father’s motion to modify child support. The mother did not appeal this order. Almost immediately, the mother filed a new motion…
Read MoreIn re Parentage of MF (Kansas 2022)
In this ongoing parentage case, the Kansas Court of Appeals upheld a district court’s determination that a birth parent successfully rebutted a presumption of the appellant’s parentage. The case was heard on remand from the Kansas Supreme Court, who sent it back for the district court to apply the proper parentage test. First, the party who wishes to be declared a legal parent must satisfy one of the statutory presumptions in K.S.A. 23-2208(a). If the presumption is established, then the other party must rebut it by clear and convincing evidence, by court decree establishing paternity of someone else, or an application of the test for competing presumptions. If the presumption is rebutted, the burden shifts back to the other party to prove the existence of a parent-child relationship by a preponderance of the evidence.
Read MoreIn re Parentage of C.R. (Kansas 2022)
When faced with competing paternity presumptions, the court must decide which presumption is based on weightier considerations of policy and logic. This child had two potential legal fathers, P.R. and J.P. P.R. agreed to have his name on the child’s birth certificate, knowing that he wasn’t the child’s biological father. J.P. was the child’s biological father. An initial paternity order named P.R. the child’s legal father. Several years later, J.P. filed to intervene claiming he hadn’t received notice of the initial paternity action.
Read MoreWilliams v. Williams (Kansas 2022)
Parents have a proactive duty to disclose a material change in financial circumstances. If this change isn’t disclosed, sanctions may be imposed. In this case, the father filed to modify support based on a reduced income. In the process, it came to light the father failed to disclose a substantial increase in income for a three-year period. In its final order, the trial court modified support and imposed a sanction for the failure to disclosure the change in income.
Read MoreIn the Matter of the Parentage of A.K. (Kansas 2022)
When there are two competing presumptions of paternity, the court must determine which presumption if founded on the weightier consideration of policy and logic, including the best interests of the child. This child in this case has two possible legal parents, A.M., who was in a relationship with the child’s mother at the time of the child’s birth, and Q.K., a stepparent. A.M., by her actions, notoriously recognized parentage at the time of the child’s birth. Q.K. was a presumptive parent because he married the child’s mother and added his name to the child’s birth certificate as her father.
Read MoreFox v. Ozkan (Kansas 2022)
The doctrine of acquiescence to a judgment applies when a parent complies with an income withholding order. A judgment for unreimbursed medical expenses was entered against the father. When the judgement was entered, an income withholding order was also put in place. After his motion for reconsideration was denied, he appealed. In the meantime, he satisfied the judgment.
Read MoreIn re Marriage of Clark (Kansas 2022)
Any modification to a child support order must be court approved. In 2002, the father filed for divorce. The trial court entered a temporary order requiring the father to pay support and maintenance and the mother to pay the mortgage on the marital residence. A divorce decree was entered later in 2002, but it reserved the issues of support and maintenance. In the interim, the father paid the mortgage, but didn’t pay support or maintenance. The mother requested a hearing, which the court denied.
Read MoreIn re Nusz (Kansas 2022)
Evidence must support the determination of a parent’s income. In this divorce action, the mother appealed the child support portion of the divorce decree, arguing no evidence in the record supported the income determinations. The appellate court affirmed, finding no abuse of the district court’s wide discretion in setting income for child support.
Read MoreIn the Matter of the Parentage of N.P. (Kansas 2022)
A parent must move to set aside an order due to inadvertence or excusable neglect must do so within a year. At issue in this case is a child support order entered on September 24, 2018. On February 5, 2020, the father moved to set aside the order claiming mistake or inadvertence. The district court denied the motion. First, a claim of mistake or inadvertence had to be made with one year. The filing was outside this timeframe.
Read MoreDaniels v. Yasa (Kansas 2021)
The Kansas Department for Children and Families filed to modify a Missouri child support order. The father requested his support obligation be terminated due to his child’s failure to comply with the requirements to receive support after high school. He also requested reimbursement of his support paid from the time of the child’s high school graduation. The district court entered a judgment for medical and educational expenses, denied his request for reimbursement, and he appealed.
Read MoreIn re Rees (Kansas 2021)
When a parent voluntarily leaves a higher paying job, the court must determine if the termination was for rational and sufficient reasons and the parent can’t find a similarly paying job. The father moved and found a lower paying job. He petitioned to modify his child support based on his reduced income. As the reason for his move, the father presented evidence he no longer had visitation rights to the child and he would be closer to his family. The trial court granted his petition and reduced support. The mother appealed.
Read MoreState ex rel. Secy’ v. Cares (Kansas 2021)
A voluntary acknowledgement has the effect of an order of paternity and the statutes designate specific timeframes for recission. The State brought an action to enforce a child support order against the father. The father argued the voluntary acknowledgement of paternity, which was signed four years prior, was void. The district court found no basis to set aside the paternity acknowledgement. The father appealed.
Read MoreIn re Yocky (Kansas 2021)
The Kansas Supreme Court has broad authority to promulgate the child support guidelines. The Kansas Supreme Court has statutory authority to establish child support guidelines. The guidelines require a parent to notify the other parent of any change in income which might be a substantial change of circumstances. The rules provide for sanctions for a failure to report. The mother requested a review of the support obligation. The father’s income had increased substantially since entry of the initial order and he failed to notify the mother. The court granted the mother’s request for sanctions, and the father appealed.
Read MoreCarman v. Harris (Kansas 2021)
A child support order can provide for payment of prenatal and birth expenses if the request is made timely. The 2015 initial paternity order contained no provision for the mother’s prenatal medical care or birth expenses. Mother made no attempt to recover these costs until 2016 when she filed a request for the expenses and to modify support. The trial court denied her request and the mother appealed.
Read MoreScott v. Scott (Kansas 2021)
Incarceration is one factor to be considered when modifying a child support order. The father, who was incarcerated in the federal penitentiary, filed to modify his support prospectively and retroactively. He asked the court to calculate retroactive and prospective support based on actual income. The district court denied his motion. He appealed.
Read MoreIn 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.
Read MoreIn re Humphries (Kansas 2020)
The requirement that a parent pay unreimbursed medical expenses is not self-executing. A court must order it. In the initial order, the father was ordered to pay half of the child’s unreimbursed medical expenses. In post-divorce litigation, a judgment was entered against the father for these expenses. The father appealed the order arguing the imposition of the judgment violated his due process rights.
Read MoreIn re MF (Kansas 2020)
A same-sex partner, who didn’t give birth to a child, can be recognized as a parent using K.S.A. 2019 Supp. 23-2208(a)(4) when the child’s birth parent consented to shared parenting at the time of the child’s birth. This case came before the Supreme Court on appeal from lower court decisions denying a same-sex partner parentage…
Read MoreIn re W.L. and G.L. (Kansas 2020)
The unmarried partner of a same sex couple can be recognized as a legal parent under K.S.A. 2019 Supp. 23-2208(a)(4) presumption of maternity. The appellant filed to establish parentage of the twins born to her same-sex partner. The district court denied the petition, which the court of appeals upheld. The Supreme Court reversed. An unmarried…
Read MoreState v. Sands (Kansas 2020)
A motion to set aside a default judgment of paternity must be filed within a reasonable time. In 2014, a default paternity order established the father’s support obligation. He notified the district court of his intent to have the order set aside but never filed anything. He paid a small amount of support before he…
Read MoreIn re Lask (Kansas 2020)
The terms of the order will control what is considered an uninsured medical expense. These parents were operating under the terms of a modified divorce decree which divided uninsured medical expenses proportionately between them. The father, who earned significantly more, paid the bigger share. A child incurred significant bills due to stays in treatment. The…
Read MoreIn re Marriage of Gronlie (Kansas 2020)
Orders modifying child support are retroactive to the first day of the month following the filing of the motion to modify. The terms of the parents’ divorce decree set support for two children at a base amount and ordered the father to pay an additional percentage of his income if he earned more than $400,000.…
Read MoreIn re Marriage of Poggi (Kansas 2020)
A district court’s decision has the discretion to apply the extended income formula for child support and findings are not required. In this high-income case, there were three child support orders: temporary, final judgement, and in a post-trial memorandum order. In the final judgment, the district court calculated support using the extended income formula and…
Read MoreMadrigal v. Madrigal (Kansas 2020)
The decision to apply the extended income formula is discretionary. A district court entered an order increasing the father’s child support obligation and ordering sanctions against him for failing to disclose a material increase in his income. The district court applied the extended income formula to determine support. The father appealed arguing the order lacked…
Read MoreChalmers v. Burrough (Kansas 2020)
A parent must substantially comply with the requirements in the Uniform Interstate Family Support Act (UIFSA) to register an out-of-state order for enforcement and modification. The father filed to register and modify a Florida child support order in Kansas. The father didn’t attach a copy of the Florida order, which was required in the statute.…
Read MoreIn re Guha (Kansas 2020)
The determination of a parent’s income from a subchapter S corporation is fact specific. The court will consider the company’s earnings history, ownership share, and the parent’s control over distribution and retention of the net profits. In this high-income case, the father’s business was organized as a S Corporation. In this modification action, the trial…
Read MoreIn re Goodpasture (Kansas 2020)
The trial court doesn’t necessarily lose jurisdiction to enforce a child support order when one parent moves from the state. The parents divorced, and the divorce decree ordered the father to pay support for their three children. The mother assigned her right to child support to the Kansas Department of Children and Families in 2018.…
Read MoreIn re Ray (Kansas 2020)
The right to appeal is statutory, and without a basis for the appeal, it will be dismissed for lack of jurisdiction. The mother and father filed for divorce. A temporary order set child support. Various proceedings ensued around custody for the child. The mother filed to modify the temporary support order, which was denied, and…
Read MoreIn re Shockman (Kansas 2020)
The trial court has the authority to manage legal proceedings, which can include delegation of child support matter to a court trustee. The father filed to modify the custody and support provisions of a divorce decree. The scheduling order indicated that the child support would be referred to the court trustee. The trial court heard…
Read MoreIn re Creagh (Kansas 2019)
If parents agree to a child support arrangement in a marital settlement agreement, it will be enforced as long as the terms are clear and unambiguous. The parents divorced, and a basic child support obligation was set. In the property settlement agreement, the parents agreed that the child support would be offset to pay two…
Read MoreFireoved v. Fireoved (Kansas 2019)
The application of the multi-family credit is discretionary. When calculating support, the costs of the child’s health insurance and reasonable costs of child care are added to the gross child support obligation. The district court has discretion to determine the reasonableness. The mother had primary residential custody of the parties’ child. She notified the father…
Read MoreState v. McKee (Kansas 2019)
A prior conviction of nonpayment of child support may not be used to prove the element of intent in a subsequent proceeding. The father was convicted of nonpayment of support in 2003. He was charged on a separate count in 2012. Before the trial began, the state filed a motion to admit the conviction into…
Read MoreIn re Thrailkill (Kansas 2019)
Military retirement benefits are income for child support. The mother filed for divorce. Both parents were retired military. The father was career military and was currently receiving retirement and disability benefits. The mother hadn’t served as long, so she wasn’t eligible for her retirement pay until age 60. The district court equally divided the retirement…
Read MoreIn re LaForest (Kansas 2019)
An award of attorney fees cannot be offset against child support. A mother and father filed for divorce. The divorce dragged on, and eventually, the mother obtained a default divorce. The father filed to set aside the default order and asked for the attorney fees incurred to prepare the motion. The district court awarded him…
Read MoreIn re Moler (Kansas 2019)
A Kansas Court didn’t have jurisdiction to modify the definition of income contained in a settlement agreement. The father was a high earner. When the parents divorced, they agreed to a base amount of child support, calculated pursuant to the guidelines, plus a supplemental amount if the father earned over $275,000. For the supplemental support…
Read MoreIn re Whildin (Kansas 2019)
A settlement agreement term that imputes minimum income to a parent for a future modification of child support may be against public policy. As part of a divorce settlement agreement, the parents stipulated that for any future child support modification, the father’s income would be $75,000 or his adjusted gross income, whichever was greater. The…
Read MoreState of Kansas v. Manson (Kansas 2019)
A voluntary acknowledgement of paternity must be revoked before the child turns one otherwise the parent-child relationship is permanent. The state of Kansas filed to establish support against the father for the benefit of a two-year-old child. The father had signed a voluntary acknowledgement at the child’s birth. At the hearing, he produced genetic test…
Read MoreIn re M.F. (Kansas 2019)
For an oral parenting contract to be enforceable, the parent must show a meeting of the minds on all essential elements. K.L. and T.F., same-sex partners, were in a long-term relationship. T.F. gave birth to M.F. using artificial insemination. The women had no written parenting agreement. They later separated, and K.L. filed a parentage petition.…
Read MoreCarman v. Harris (Kansas 2019)
A parent’s income for child support can be adjusted for specific factors. On appeal, the application of an adjustment is reviewed for an abuse of the court’s discretion. The mother filed to modify child support, among other terms of an initial custody and support order. The district court modified the support based on the parents’…
Read MoreIn the Matter of W.L. and G.L. (Kansas 2019)
To prove parentage, an unmarried person must first show a presumption of parentage by a preponderance of the evidence. The burden then shifts to the responding parent to rebut the presumption by clear and convincing evidence. This case involves parentage for twins born to same-sex partners using artificial reproduction. The partners never married or entered…
Read MoreState v. Savage (Kansas 2019)
Once a probation violation is proved, a court has discretion to impose the underlying sentence or modify the terms and conditions. Probation for a defendant convicted of criminal nonpayment of child support can be extended for as long as the child support restitution amount has not been fully paid. In 2000, the defendant pled guilty…
Read MoreState v. Graham (Kansas 2019)
A parent who pleads guilty to criminal nonsupport cannot appeal the conviction without first filing a motion to withdraw the plea. In 2008, the father was charged with two counts of criminal nonsupport of a child. The father entered into a deferred prosecution agreement. In exchange for pleading guilty, the court stayed acceptance of the…
Read MoreKaelter v. Sokol (Kansas 2019)
An order requiring a response to post-judgment discovery requests is not a final decision for purposes of appeal. The collateral order doctrine also doesn’t apply. The mother sent the father post-judgment discovery to determine his income and assets to aid in collecting child support arrears. The father didn’t answer the discovery, and the mother requested…
Read MoreOsborn v. Anderson (Kansas 2018)
An annulment order doesn’t revoke a paternity acknowledgment without language to that effect. In this case, the father signed a paternity affidavit knowing that he wasn’t the child’s biological father. The father and mother married, but ended their marriage with a judicial annulment. The annulment order stated no children were born of the marriage. The…
Read MoreIn re Marriage of Dean (Kansas 2018)
Courts must follow the definition of income found in the guidelines. The mother appealed the district court’s calculation of the father’s gross income. The district court subtracted the amounts the father was paying towards mortgages from his gross monthly income. The Appellate Court reversed the decision. The definition of income is purposefully broad, and the…
Read MoreIn re Marriage of White (Kansas 2018)
The requirement in the child support guidelines that medical support be addressed includes bills incurred, not only bills paid. The father appealed a district court order dividing medical expenses. He argued the court improperly considered bills presented by the mother for expenses incurred, but not paid. The court of appeals upheld the district court order.…
Read MoreIn re Marriage of Hou and Chu (Kansas 2018)
A court can deviate from the amount of presumptive support as long as findings support the reason for deviation. The divorce decree in this case ordered the father to pay child support, plus half of the children’s extracurricular activities. The father appealed, arguing that an amount for extracurricular activities was included in the guideline calculation.…
Read MoreIn re Biehl (Kansas 2018)
A paternity order may not be final for appellate purposes if it doesn’t address child support and other matters incident to the paternity establishment. The mother in this case appealed the denial of her motion to set aside a journal entry to paternity. The appellate court found it had no jurisdiction to hear the appeal…
Read MoreKline v. Holmes (Kansas 2018)
The presumption of paternity is not conclusive and can be rebutted with clear and convincing evidence. The rebuttal can also be overcome. In this case, the district court established parentage for a child who was born to a same-sex couple by applying the presumption that the “notorious” presumption. The biological mother of the child appealed,…
Read MoreIn the Matter of the Paternity of S.M.J. (Kansas 2017)
In an indirect contempt proceeding, the individual must be physically present. If necessary, the Court can issue a bench warrant to compel attendance. The father in this case appealed a contempt finding that resulted from a hearing he did not attend, even though he had been properly served. The language of the indirect contempt statute…
Read MoreFisher v. Davis (Kansas 2017)
A final paternity judgment can be set aside if it is based on an error of law and no reasonable person would take the trial court’s view. In this case, the father signed a paternity acknowledgement based on the results of a home paternity test. The father filed a paternity action and a journal order…
Read MoreState ex rel. Secretary for Dep’t for Children and Families v. Smith (Kansas 2017)
A Voluntary Acknowledgement of Paternity (VAP) binds the signers unless it is revoked in the statutory time period. It does not create a presumption of paternity, as the father in this case argued. The father also argued the VAP did not qualify as an acknowledgement because it lacked certain formalities and that the VAP did not…
Read MoreFuller v. Fuller (Kansas 2016)
Due process requires that the party filing to modify a child support order give notice of the request to the other parent. The other parent is entitled to an opportunity to be heard and a reasonable amount of time to prepare a defense.
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