In re Marriage of Peak (Kansas 1989)

772 P.2d 775, 244 Kan. 662 (Kan. 1989)
April 1989

A child support obligation terminates "when a child goes to live with the other parent" is clarified and restricted to situations where a permanent change of residence is involved. In this case, the move by child to the mother's home was a temporary arrangement for a finite period - a visit. It would be inappropriate to speak of any relief from the obligation to pay child support for the period of the visit as being a termination of the obligation. Rather, the term "abatement" is discussed and accepted as a court ordered modification.

In re Marriage of Peak.pdf