March 2021 | No. 122,636 (Kan. App. 2021)

Scott 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. The court of appeals affirmed. Following Kansas Supreme Court precedent, the district court did not abuse its discretion in denying the modification. The court questioned the father about his prison income, his willingness to pay some support and his calculation of a fair amount. The appellate court noted it was the father’s own acts that led to his incarceration and his children’s needs continued.

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