April 2015 | No. 110,714, 2015 WL 1611806 (Kan. App. 2015)

Martin v. Phillips (Kansas 2015)

In this case, a non-custodial parent argued that a Washington judgment for child support arrears and related expenses accrued as a result of a Kansas child support order could not be collected because the Washington statute of limitations had run. The Appellate Court found that under UIFSA the term “support order” includes the child support amount, as well as medical expenses, attorney fees, and interest. All of these amounts can be collected in a proceeding for arrearages. Therefore, the Court must follow the UIFSA statute of limitations provision and apply the longer of the term between the issuing state and the forum state. The Appellate Court found the Kansas statute of limitations longer and that it had been properly applied.

Martin v. Phillips.pdf

 

 



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