In re Parentage of W.L. and G.L. (Kansas 2023)
A judgment entered by a court with proper jurisdiction is final and not subject to collateral attack. In this case, a stepparent filed to establish parentage of children several months after the district court adjudicated another person’s parentage. The stepparent claimed presumptions of parentage under K.S.A. 2021 Supp. 23-2208(a)(3)(A), (C), and (a)(4). The legal parents,…
Read MoreIn re MF (Kansas 2020)
A same-sex partner, who didn’t give birth to a child, can be recognized as a parent using K.S.A. 2019 Supp. 23-2208(a)(4) when the child’s birth parent consented to shared parenting at the time of the child’s birth. This case came before the Supreme Court on appeal from lower court decisions denying a same-sex partner parentage…
Read MoreIn re W.L. and G.L. (Kansas 2020)
The unmarried partner of a same sex couple can be recognized as a legal parent under K.S.A. 2019 Supp. 23-2208(a)(4) presumption of maternity. The appellant filed to establish parentage of the twins born to her same-sex partner. The district court denied the petition, which the court of appeals upheld. The Supreme Court reversed. An unmarried…
Read MoreState v. Sands (Kansas 2020)
A motion to set aside a default judgment of paternity must be filed within a reasonable time. In 2014, a default paternity order established the father’s support obligation. He notified the district court of his intent to have the order set aside but never filed anything. He paid a small amount of support before he…
Read MoreIn re Lask (Kansas 2020)
The terms of the order will control what is considered an uninsured medical expense. These parents were operating under the terms of a modified divorce decree which divided uninsured medical expenses proportionately between them. The father, who earned significantly more, paid the bigger share. A child incurred significant bills due to stays in treatment. The…
Read MoreIn re Marriage of Gronlie (Kansas 2020)
Orders modifying child support are retroactive to the first day of the month following the filing of the motion to modify. The terms of the parents’ divorce decree set support for two children at a base amount and ordered the father to pay an additional percentage of his income if he earned more than $400,000.…
Read MoreIn re Marriage of Poggi (Kansas 2020)
A district court’s decision has the discretion to apply the extended income formula for child support and findings are not required. In this high-income case, there were three child support orders: temporary, final judgement, and in a post-trial memorandum order. In the final judgment, the district court calculated support using the extended income formula and…
Read MoreMadrigal v. Madrigal (Kansas 2020)
The decision to apply the extended income formula is discretionary. A district court entered an order increasing the father’s child support obligation and ordering sanctions against him for failing to disclose a material increase in his income. The district court applied the extended income formula to determine support. The father appealed arguing the order lacked…
Read MoreChalmers v. Burrough (Kansas 2020)
A parent must substantially comply with the requirements in the Uniform Interstate Family Support Act (UIFSA) to register an out-of-state order for enforcement and modification. The father filed to register and modify a Florida child support order in Kansas. The father didn’t attach a copy of the Florida order, which was required in the statute.…
Read MoreIn re Guha (Kansas 2020)
The determination of a parent’s income from a subchapter S corporation is fact specific. The court will consider the company’s earnings history, ownership share, and the parent’s control over distribution and retention of the net profits. In this high-income case, the father’s business was organized as a S Corporation. In this modification action, the trial…
Read MoreIn re Goodpasture (Kansas 2020)
The trial court doesn’t necessarily lose jurisdiction to enforce a child support order when one parent moves from the state. The parents divorced, and the divorce decree ordered the father to pay support for their three children. The mother assigned her right to child support to the Kansas Department of Children and Families in 2018.…
Read MoreIn re Ray (Kansas 2020)
The right to appeal is statutory, and without a basis for the appeal, it will be dismissed for lack of jurisdiction. The mother and father filed for divorce. A temporary order set child support. Various proceedings ensued around custody for the child. The mother filed to modify the temporary support order, which was denied, and…
Read MoreIn re Shockman (Kansas 2020)
The trial court has the authority to manage legal proceedings, which can include delegation of child support matter to a court trustee. The father filed to modify the custody and support provisions of a divorce decree. The scheduling order indicated that the child support would be referred to the court trustee. The trial court heard…
Read MoreIn re Creagh (Kansas 2019)
If parents agree to a child support arrangement in a marital settlement agreement, it will be enforced as long as the terms are clear and unambiguous. The parents divorced, and a basic child support obligation was set. In the property settlement agreement, the parents agreed that the child support would be offset to pay two…
Read MoreFireoved v. Fireoved (Kansas 2019)
The application of the multi-family credit is discretionary. When calculating support, the costs of the child’s health insurance and reasonable costs of child care are added to the gross child support obligation. The district court has discretion to determine the reasonableness. The mother had primary residential custody of the parties’ child. She notified the father…
Read MoreState v. McKee (Kansas 2019)
A prior conviction of nonpayment of child support may not be used to prove the element of intent in a subsequent proceeding. The father was convicted of nonpayment of support in 2003. He was charged on a separate count in 2012. Before the trial began, the state filed a motion to admit the conviction into…
Read MoreIn re Thrailkill (Kansas 2019)
Military retirement benefits are income for child support. The mother filed for divorce. Both parents were retired military. The father was career military and was currently receiving retirement and disability benefits. The mother hadn’t served as long, so she wasn’t eligible for her retirement pay until age 60. The district court equally divided the retirement…
Read MoreIn re LaForest (Kansas 2019)
An award of attorney fees cannot be offset against child support. A mother and father filed for divorce. The divorce dragged on, and eventually, the mother obtained a default divorce. The father filed to set aside the default order and asked for the attorney fees incurred to prepare the motion. The district court awarded him…
Read MoreIn re Moler (Kansas 2019)
A Kansas Court didn’t have jurisdiction to modify the definition of income contained in a settlement agreement. The father was a high earner. When the parents divorced, they agreed to a base amount of child support, calculated pursuant to the guidelines, plus a supplemental amount if the father earned over $275,000. For the supplemental support…
Read MoreIn re Whildin (Kansas 2019)
A settlement agreement term that imputes minimum income to a parent for a future modification of child support may be against public policy. As part of a divorce settlement agreement, the parents stipulated that for any future child support modification, the father’s income would be $75,000 or his adjusted gross income, whichever was greater. The…
Read MoreState of Kansas v. Manson (Kansas 2019)
A voluntary acknowledgement of paternity must be revoked before the child turns one otherwise the parent-child relationship is permanent. The state of Kansas filed to establish support against the father for the benefit of a two-year-old child. The father had signed a voluntary acknowledgement at the child’s birth. At the hearing, he produced genetic test…
Read MoreIn re M.F. (Kansas 2019)
For an oral parenting contract to be enforceable, the parent must show a meeting of the minds on all essential elements. K.L. and T.F., same-sex partners, were in a long-term relationship. T.F. gave birth to M.F. using artificial insemination. The women had no written parenting agreement. They later separated, and K.L. filed a parentage petition.…
Read MoreCarman v. Harris (Kansas 2019)
A parent’s income for child support can be adjusted for specific factors. On appeal, the application of an adjustment is reviewed for an abuse of the court’s discretion. The mother filed to modify child support, among other terms of an initial custody and support order. The district court modified the support based on the parents’…
Read MoreIn the Matter of W.L. and G.L. (Kansas 2019)
To prove parentage, an unmarried person must first show a presumption of parentage by a preponderance of the evidence. The burden then shifts to the responding parent to rebut the presumption by clear and convincing evidence. This case involves parentage for twins born to same-sex partners using artificial reproduction. The partners never married or entered…
Read MoreState v. Savage (Kansas 2019)
Once a probation violation is proved, a court has discretion to impose the underlying sentence or modify the terms and conditions. Probation for a defendant convicted of criminal nonpayment of child support can be extended for as long as the child support restitution amount has not been fully paid. In 2000, the defendant pled guilty…
Read MoreState v. Graham (Kansas 2019)
A parent who pleads guilty to criminal nonsupport cannot appeal the conviction without first filing a motion to withdraw the plea. In 2008, the father was charged with two counts of criminal nonsupport of a child. The father entered into a deferred prosecution agreement. In exchange for pleading guilty, the court stayed acceptance of the…
Read MoreKaelter v. Sokol (Kansas 2019)
An order requiring a response to post-judgment discovery requests is not a final decision for purposes of appeal. The collateral order doctrine also doesn’t apply. The mother sent the father post-judgment discovery to determine his income and assets to aid in collecting child support arrears. The father didn’t answer the discovery, and the mother requested…
Read MoreOsborn v. Anderson (Kansas 2018)
An annulment order doesn’t revoke a paternity acknowledgment without language to that effect. In this case, the father signed a paternity affidavit knowing that he wasn’t the child’s biological father. The father and mother married, but ended their marriage with a judicial annulment. The annulment order stated no children were born of the marriage. The…
Read MoreIn re Marriage of Dean (Kansas 2018)
Courts must follow the definition of income found in the guidelines. The mother appealed the district court’s calculation of the father’s gross income. The district court subtracted the amounts the father was paying towards mortgages from his gross monthly income. The Appellate Court reversed the decision. The definition of income is purposefully broad, and the…
Read MoreIn re Marriage of White (Kansas 2018)
The requirement in the child support guidelines that medical support be addressed includes bills incurred, not only bills paid. The father appealed a district court order dividing medical expenses. He argued the court improperly considered bills presented by the mother for expenses incurred, but not paid. The court of appeals upheld the district court order.…
Read MoreIn re Marriage of Hou and Chu (Kansas 2018)
A court can deviate from the amount of presumptive support as long as findings support the reason for deviation. The divorce decree in this case ordered the father to pay child support, plus half of the children’s extracurricular activities. The father appealed, arguing that an amount for extracurricular activities was included in the guideline calculation.…
Read MoreIn re Biehl (Kansas 2018)
A paternity order may not be final for appellate purposes if it doesn’t address child support and other matters incident to the paternity establishment. The mother in this case appealed the denial of her motion to set aside a journal entry to paternity. The appellate court found it had no jurisdiction to hear the appeal…
Read MoreKline v. Holmes (Kansas 2018)
The presumption of paternity is not conclusive and can be rebutted with clear and convincing evidence. The rebuttal can also be overcome. In this case, the district court established parentage for a child who was born to a same-sex couple by applying the presumption that the “notorious” presumption. The biological mother of the child appealed,…
Read MoreAn Evaluation of the Kansas Child Support Savings Initiative
The Child Support Savings Initiative was developed and implemented by Kansas to help parents who owe child support pay off debt while also saving for their children’s higher education. Parents who meet their current support obligations and make deposits into college savings plans, known as 529 accounts, receive matching reductions in their child support debts.…
Read MoreIn the Matter of the Paternity of S.M.J. (Kansas 2017)
In an indirect contempt proceeding, the individual must be physically present. If necessary, the Court can issue a bench warrant to compel attendance. The father in this case appealed a contempt finding that resulted from a hearing he did not attend, even though he had been properly served. The language of the indirect contempt statute…
Read MoreFisher v. Davis (Kansas 2017)
A final paternity judgment can be set aside if it is based on an error of law and no reasonable person would take the trial court’s view. In this case, the father signed a paternity acknowledgement based on the results of a home paternity test. The father filed a paternity action and a journal order…
Read MoreState ex rel. Secretary for Dep’t for Children and Families v. Smith (Kansas 2017)
A Voluntary Acknowledgement of Paternity (VAP) binds the signers unless it is revoked in the statutory time period. It does not create a presumption of paternity, as the father in this case argued. The father also argued the VAP did not qualify as an acknowledgement because it lacked certain formalities and that the VAP did not…
Read MoreFuller v. Fuller (Kansas 2016)
Due process requires that the party filing to modify a child support order give notice of the request to the other parent. The other parent is entitled to an opportunity to be heard and a reasonable amount of time to prepare a defense.
Read MoreIn re marriage of Stephenson v. Papineau (Kansas 2015)
An NCP whose children receive a lump sum disability award may be entitled to credit for timely paid child support for the period of time covered by the lump sum.
Read MoreCain v. Jacox (Kansas 2015)
The doctrine of res judicata will not bar a claim for post judgment interest on a child support obligation when a parent was not a party in a prior proceeding or in privity with a party to a prior proceeding.
Read MoreCain v. Jacox (Kansas 2015)
The doctrine of res judicata will not bar a claim for post judgment interest on a child support obligation when a parent was not a party in a prior proceeding or in privity with a party to a prior proceeding.
Read MoreCain v. Jacox (Kansas 2015)
The doctrine of res judicata will not bar a claim for post judgment interest on a child support obligation when a parent was not a party in a prior proceeding or in privity with a party to a prior proceeding.
Read MoreMartin v. Phillips (Kansas 2015)
In a proceeding to collect arrears, apply the longer of the statute of limitations period between the issuing state and the forum state.
Read MoreMuir v. Kansas Health Policy Authority (Kansas 2014)
The Kansas Health Policy Authority did not erroneously interpret the law or act arbitrarily, capriciously, or unreasonably when it calculated a Medicaid recipient’s available income that could be used to pay the cost of medical care without first deducting amounts that the person had been ordered to pay in child support and maintenance.
Read MoreOrtiz v. Ortiz (Kansas 1956)
The marriage of a minor child does not automatically terminate the child support obligation of the minor.
Read MoreOrtiz v. Ortiz (Kansas 1956)
The marriage of a minor child does not automatically terminate the child support obligation of the minor.
Read MoreOrtiz v. Ortiz (Kansas 1956)
The marriage of a minor child does not automatically terminate the child support obligation of the minor.
Read MoreEdwards v. Edwards (Kansas 1958)
An order of temporary support, in a divorce action, is merely a temporary provision for a child’s support until the final determination of the divorce action. The order for temporary support does not become a final judgment of support.
Read MoreAndler v. Andler (Kansas 1975)
A parent is entitled to credit for Social Security payments by the government against his or her liability for child support under a divorce decree to the extent of, but not exceeding, his or her monthly obligation for child support.
Read MoreBrady v. Brady (Kansas 1979)
When a child attains the age of majority, or when a child goes to live with the other parent, or when a child dies, the obligation to pay support for that child should automatically cease and terminate unless an agreement provides otherwise.
Read MoreBrady v. Brady (Kansas 1979)
When a child attains the age of majority, or when a child goes to live with the other parent, or when a child dies, the obligation to pay support for that child should automatically cease and terminate unless an agreement provides otherwise.
Read MoreBrady v. Brady (Kansas 1979)
When a child attains the age of majority, or when a child goes to live with the other parent, or when a child dies, the obligation to pay support for that child should automatically cease and terminate unless an agreement provides otherwise.
Read MoreWhisler v. Whisler (Kansas 1984)
Parents cannot legally reduce or terminate a child support obligation by contractual agreement. That right is the child’s and can be reduced or terminated only by court order.
Read MoreHooks v. Hooks (Kansas 1988)
A valid judgment for child support arrearages may be collected and enforced in the same manner as any other final judgment.
Read MoreIn re Marriage of Ross (Kansas 1989)
Prior to ordering a blood test to determine whether the presumed parent is the biological parent, the district court must consider the best interests of the child, including physical, mental, and emotional needs.
Read MoreIn re Marriage of Ross (Kansas 1989)
Prior to ordering a blood test to determine whether the presumed parent is the biological parent, the district court must consider the best interests of the child, including physical, mental, and emotional needs.
Read MoreIn re Marriage of Peak (Kansas 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.
Read MoreIn re Marriage of Peak (Kansas 1989)
When a child goes to live with the other parent, but it is not a permanent change in custody, “abatement” is accepted as a court ordered modification.
Read MoreIn re Marriage of Peak (Kansas 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.
Read MoreState ex rel. Secretary of SRS v. Clear (Kansas 1991)
To terminate parental rights under Kansas law, voluntary relinquishment of parental rights and Kansas Department of Social and Rehabilitation Services’ acceptance of surrender of the child are required.
Read MoreState ex rel. Secretary of SRS v. Clear (Kansas 1991)
A child’s parent, parents, or guardian shall be liable to repay to the secretary of social and rehabilitation services any assistance expended on the child’s behalf, regardless of the specific program under which the assistance is or has been provided.
Read MoreJensen v. Runft (Kansas 1992)
The Uniform Parentage Act requires courts to act in the best interests of the child when imposing legal obligations or conferring legal rights on the mother/child relationship and the father/child relationship.
Read MoreState ex rel. Hermesmann v. Seyer (Kansas 1993)
The issue of consent to sexual activity under the criminal statutes is irrelevant in a civil action to determine paternity and for support of a minor child born of such activity.
Read MoreIn re Marriage of Emerson (Kansas 1993)
Supplemental security income benefits being received by a minor child may not be considered in determining the presumptive child support due under the child support guidelines.
Read MoreIn re Marriage of Walje (Kansas 1994)
Where support is paid directly to custodial parent, rather than through the channels specified in the support order, the non-custodial parent who has not fully complied with the support order and will be found to be in arrearages.
Read MoreIn re Marriage of Case (Kansas 1994)
Voluntary termination by a child support obligor from higher paid employment to accept lower paid employment is always suspect.
Read MoreIn re Marriage of Beacham (Kansas 1994)
Child support worksheets approved by the court shall be filed in every case where an order of child support is entered after the effective date of the Kansas Child Support Guidelines.
Read MoreScruggs v. Chandlee (Kansas 1995)
The child support guidelines provide that the non-custodial parent may deduct the amount of child support paid for those children from his or her gross income.
Read MoreScruggs v. Chandlee (Kansas 1995)
The child support guidelines provide that the non-custodial parent may deduct the amount of child support paid for those children from his or her gross income.
Read MoreIn re Marriage of Lewallen (Kansas 1995)
For the purposes of the Kansas Child Support Guidelines, a farmer is a self-employed person whose domestic gross income is that person’s gross income less those actual expenditures reasonably necessary for the production of income.
Read MoreIn re Marriage of Lewallen (Kansas 1995)
In determining child support obligations under the Kansas Child Support Guidelines, the taxable income shown in a tax return is not always a reliable indication of domestic gross income.
Read MoreIn re Marriage of Lewallen (Kansas 1995)
In determining domestic gross income of a farmer under the Kansas Child Support Guidelines, a total disregard of depreciation in farming operations is an abuse of discretion by a court.
Read MoreFlorida Dept. of HRS v. Breeden (Kansas 1995)
Where a paternity proceeding is initiated through an interstate support enforcement mechanism and the child resides in another state, the trial court should await a determination from the court of the initiating state that a blood test establishing paternity is in the best interests of the child before making its determination of paternity.
Read MoreIn re Marriage of Patterson (Kansas 1996)
Although discretionary, the Kansas Child Support Guidelines extrapolation formula must be considered by the trial court when income exceeds the child support schedules.
Read MoreIn re Marriage of Patterson (Kansas 1996)
Although discretionary, the Kansas Child Support Guidelines extrapolation formula must be considered by the trial court when income exceeds the child support schedules. Child support worksheets approved by the court shall be filed in every case where an order of child support is entered.
Read MoreIn re Marriage of Patterson (Kansas 1996)
Statute gives the trial court the jurisdiction to modify child support and education provisions of minor children, even if they were provided for in a property settlement agreement.
Read MoreIn re Marriage of Patterson (Kansas 1996)
Statute gives the trial court the jurisdiction to modify child support and education provisions of minor children, even if they were provided for in a property settlement agreement. Departures from the child support guidelines must be explained by the trial court.
Read MoreIn re Marriage of Patterson (Kansas 1996)
The extrapolation formula contained in the Kansas Child Support Guidelines for income beyond the child support schedules is discretionary and does not establish a rebuttable presumption as to the level of appropriate support.
Read MoreIn re Marriage of Jones (Kansas 1996)
When a party neglects to assert a right or claim for an unreasonable and unexplained length of time and the lapse of time and other circumstances cause prejudice to the adverse party, relief is denied on the grounds of laches. The mere passage of time is not enough to invoke laches. The court must consider…
Read MoreIn re Support of Morgan (Kansas 1997)
Kansas requires a parent to repay all assistance provided on the child’s behalf, not some portion of that assistance determined by the district court.
Read MoreIn re Marriage of Johnson (Kansas 1997)
For child support computations, where a parent is paying for family health insurance that covers individuals from more than one family, the cost of the family coverage should be divided among the number of individuals who are covered by the insurance and that number should then be multiplied by the number of children subject to…
Read MoreIn re Marriage of Johnson (Kansas 1997)
Under the Kansas Child Support Guidelines, income may be imputed to the non-custodial parent if that parent is deliberately unemployed or underemployed.
Read MoreIn re Marriage of Johnson (Kansas 1997)
If a reasonable person could conclude that a parent is not deliberately unemployed or underemployed, it is not an abuse of discretion for the district court to refuse to impute the parent’s former income in calculating the child support obligation.
Read MoreState ex rel. Secretary of SRS v. Cunningham (Kansas 1997)
The legislature’s use of the word “assistance” in Kansas statute is intended to apply to all kinds of assistance, including medical assistance.
Read MoreIn re Marriage of Thurmond (Kansas 1998)
The Kansas Child Support Guidelines are the basis for establishing and reviewing child support orders in the district courts in Kansas. Judges and hearing officers must follow the guidelines. Child support obligations are calculated by completing the Child Support Worksheets.
Read MoreIn re Marriage of Thurmond (Kansas 1998)
The fact of incarceration, standing alone, is not legal justification for the suspension or modification of the parent’s child support obligation previously determined under the Kansas Child Support Guidelines.
Read MoreIn re Marriage of Scott (Kansas 1998)
Income withholding for purposes of enforcement of child support obligations is provided by Kansas statute.
Read MoreState ex rel. Secretary of SRS v. Mayfield (Kansas 1998)
In an action to establish an order for support of the child, failure to join any person as a party shall not deprive the court of jurisdiction to determine whether a party to the action has a duty to support the child and, if so, to enter an order for support.
Read MoreState ex rel. Secretary of SRS v. Mayfield (Kansas 1998)
In an action to establish an order for support of the child, failure to join any person as a party shall not deprive the court of jurisdiction to determine whether a party to the action has a duty to support the child and, if so, to enter an order for support.
Read MoreRupp v. Grubb (Kansas 1998)
Where a parent is incarcerated in a correctional facility, the fact of incarceration, standing alone, is not legal justification for the suspension or modification of the parent’s child support obligation previously determined under the Kansas Child Support Guidelines.
Read MoreRupp v. Grubb (Kansas 1998)
Where a parent is incarcerated in a correctional facility, the fact of incarceration, standing alone, is not legal justification for the suspension or modification of the parent’s child support obligation previously determined under the Kansas Child Support Guidelines.
Read MoreState ex rel. Secretary of SRS v. Miller (Kansas 1998)
When a child is born out of wedlock and no credible evidence exists that the child has a presumed father, the trial court may order genetic testing in a paternity action without first conducting a best interest hearing (Ross hearing), which is to determine whether the testing would be in the best interests of the…
Read MoreState ex rel. Secretary of SRS v. Miller (Kansas 1998)
When a child is born out of wedlock and no credible evidence exists that the child has a presumed father, the trial court may order genetic testing in a paternity action without first conducting a best interest hearing (Ross hearing), which is to determine whether the testing would be in the best interests of the…
Read MoreState ex rel. Secretary of SRS v. Miller (Kansas 1998)
When a child is born out of wedlock and no credible evidence exists that the child has a presumed father, the trial court may order genetic testing in a paternity action without first conducting a best interest hearing (Ross hearing), which is to determine whether the testing would be in the best interests of the…
Read MoreGentzel v. Williams (Kansas 1998)
The Uniform Interstate Family Support Act provides statutory jurisdiction in the district courts to modify a child support order of another state.
Read MoreGentzel v. Williams (Kansas 1998)
Provisions of the Uniform Interstate Family Support Act, the Interstate Income Withholding Act, and the Full Faith and Credit for Child Support Orders Act are applied to the facts of each case.
Read MoreIn re Marriage of Schoby (Kansas 2000)
The marriage of a minor is not a “terminating event” which automatically allows a payor parent to stop making child support payments for that child.
Read MoreIn re Marriage of Schoby (Kansas 2000)
The marriage of a minor is not a “terminating event” which automatically allows a payor parent to stop making child support payments for that child.
Read MoreIn re Marriage of Schoby (Kansas 2000)
Child support may be modified at any time circumstances render such a change proper, but the modification operates prospectively only.
Read MoreFerguson v. Winston (Kansas 2000)
Prior to ordering a blood test to determine whether the presumed parent is the biological parent, the trial court must consider the best interests of the child, including physical, mental, and emotional needs (Ross Hearing).
Read More