Carman 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. The appellate court upheld this portion of the order, as did the Supreme Court. The mother’s request wasn’t timely. She didn’t ask for the expenses during the paternity proceeding and didn’t avail herself of any remedies for relief from a judgement at that time. At this point, she was asking to modify the order. Modifications of child support orders are retroactive to the first day of the month following the filing of motion to modify. Allowing the expenses at this point would be an impermissible retroactive modification.