September 2014 | 69 P.3d 1128, 31 Kan.App.2d 623 (Kan.App. 2003)

In re Marriage of Metz (Kansas 2003)

Subject matter jurisdiction is the authority of the court to hear and decide a particular action. Personal jurisdiction is the authority of a court over a party’s person, which is a requirement for a personal or in personam judgment. Whether the district court has the authority under Uniform Interstate Family Support Act to modify its child support order involves whether it has subject matter jurisdiction, which is a question of law over which an appellate court has unlimited review. K.S.A.2002 Supp. 23-9,205(a)(2) only applies when at least one of the parties or the child remains in the state and the parties consent to have another state assume continuing, exclusive jurisdiction, thereby divesting the issuing state of its continuing, exclusive jurisdiction. When a district court no longer has subject matter jurisdiction to modify its child support order, it shall forward the pleading and accompanying documents to the appropriate court in the proper state and notify the petitioner by personal service or registered mail when the pleading was sent.

In re Marriage of Metz.pdf

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