Kansas divorce statutes § 23-4,107. Enforcement
of Support
(a) Any new or modified order for support shall include a provision for the withholding of income to enforce the order
for support.
(b) Except as otherwise provided in subsection (j), (k) or (l), all new or modified orders for support shall
provide for immediate issuance of an income withholding order. The income withholding order shall be issued without further
notice to the obligor and shall specify an amount sufficient to satisfy the order for support and to defray any arrearage.
The income withholding order shall be issued regardless of whether a payor subject to the jurisdiction of this state can
be identified at the time the order for support is entered.
(c) Except as otherwise provided in this subsection or subsections
(j) or (l), if no income withholding order is in effect to enforce the support order, an income withholding order shall be
issued by the court upon request of the obligee or public office, provided that the obligor accrued an arrearage equal to
or greater than the amount of support payable for one month and the requirements of subsections (d) and (h) have been met.
The income withholding order shall be issued without further notice to the obligor and shall specify an amount sufficient
to satisfy the order for support and to defray any arrearage. The income withholding order shall be issued regardless of
whether a payor subject to the jurisdiction of this state can be identified at the time the income withholding order is issued.
(d) Not less than seven days after the obligee or public office has served a notice pursuant to subsection (h), the obligee
or public office may initiate income withholding pursuant to paragraph (1) or (2).
(1) The obligee or public office may apply
for an income withholding order by filing with the court an affidavit stating:
(A) The date that the notice was served on
the obligor and the manner of service;
(B) that the obligor has not filed a motion to stay issuance of the income withholding
order or, if a motion to stay has been filed, the reason an income withholding order must be issued immediately;
(C) a specified
amount to be withheld by the payor to satisfy the order of support and to defray any arrearage;
(D) whether the income withholding
order is to include a medical withholding order; and
(E) that the amount of the arrearage as of the date the notice to the
obligor was prepared was equal to or greater than the amount of support payable for one month. In addition to any other penalty
provided by law, the filing of such an affidavit with knowledge of the falsity of a material declaration is punishable as
a contempt. Upon the filing of the affidavit, the income withholding order shall be issued without further notice to the
obligor, hearing or amendments of the support order. Payment of all or part of the arrearage before issuance of the income
withholding order shall not prevent issuance of the income withholding order, unless the arrearage is paid in full and the
order for support does not include an amount for the current support of a person. No affidavit is required if the court,
upon hearing a motion to stay issuance of the income withholding order or otherwise, issues an income withholding order.
(2) In a title IV-D case, the IV-D agency may issue an income withholding order as authorized by K.S.A. 39-7,147, and amendments
thereto. Any such income withholding order shall be considered an income withholding order issued pursuant to this act.
(e)
(1) An income withholding order shall be directed to any payor of the obligor. Notwithstanding any other requirement of this
act as to form or content, any income withholding order prepared in a standard format prescribed by the secretary of social
and rehabilitation services shall be deemed to be in compliance with this act.
(2) An income withholding order which does
not include a medical withholding order shall require the payor to withhold from any income due, or to become due, to the
obligor a specified amount sufficient to satisfy the order of support and to defray any arrearage and shall include notice
of and direction to comply with the provisions of K.S.A. 23-4,108 and 23-4,109, and amendments thereto.
(3) An income withholding
order which consists only of a medical withholding order shall include notice of the medical child support order and shall
conform to the requirements of K.S.A. 23-4,121 and amendments thereto. The medical withholding order shall include notice
of and direction to comply with the requirements of K.S.A. 23-4,108, 23-4,109, 23-4,119 and 23-4,122 and amendments thereto.
(4) An income withholding order which includes both a medical withholding order and an income withholding order for cash
support shall meet the requirements of paragraphs (2) and (3).
(f) (1) Upon written request and without the requirement of
further notice to the obligor, the clerk of the district court shall cause a copy of the income withholding order to be served
on the payor only by personal service or registered mail, return receipt requested.
(2) Without the requirement of further
notice to the obligor, the IV-D agency may cause a copy of any income withholding order to be served on the payor only by
personal service or registered mail, return receipt requested or by any alternate method acceptable to the payor. No payor
shall be liable to any person solely because of the method of service accepted by the payor.
(3) As used in this section, "copy
of the income withholding order" means any document or notice, regardless of format, that advises the payor of the same
general duties, requires the same amount to be withheld from income and requires medical withholding to the same extent as
the original income withholding order.
(g) An income withholding order shall be binding on any existing or future payor on
whom a copy of the order is served and shall require the continued withholding of income from each periodic payment of income
until further order of the court or agency that issued the income withholding order. At any time following issuance of an
income withholding order, a copy of the income withholding order may be served on any payor without the requirement of further
notice to the obligor.
(h) Except as provided in subsection (k) or (l), at any time following entry of an order for support
the obligee or public office may serve upon the obligor a written notice of intent to initiate income withholding. If any
notice in the court record |
indicates that title IV-D services are being provided in the case,
whether or not the IV-D services include enforcement of current support, the person or public office requesting issuance
of the income withholding order shall obtain the consent of the IV-D agency to the terms of the proposed income withholding
order. The notice of intent to initiate income withholding shall be served on the obligor only by personal service or registered
mail, return receipt requested. The notice served on the obligor must state:
(1) The terms of the order of support and the total arrearage as of the date
the notice was prepared;
(2) the amount of income that will be withheld, not including premiums to satisfy a medical withholding
order;
(3) whether a medical withholding order will be included;
(4) that the provision for withholding applies to any current
or subsequent payor;
(5) the procedures available for contesting the withholding and that the only basis for contesting the
withholding is a mistake of fact concerning the amount of the support order, the amount of the arrearage, the amount of income
to be withheld or the proper identity of the obligor;
(6) the period within which the obligor must act to stay issuance of
the income withholding order and that failure to take such action within the specified time will result in payors' being
ordered to begin withholding; and
(7) the action which will be taken if the obligor contests the withholding. The obligor
may, at any time, waive in writing the notice required by this subsection.
(i) On request of an obligor, the court shall issue an
income withholding order which shall be honored by a payor regardless of whether there is an arrearage. Nothing in this subsection
shall limit the right of the obligee to request modification of the income withholding order.
(j) (1) In a non title IV-D
case, upon presentation to the court of a written agreement between the parties providing for an alternative arrangement,
no income withholding order shall be issued pursuant to subsection (b). In any case, before entry of a new or modified order
for support, a party may request that no income withholding order be issued pursuant to subsection (b) if notice of the request
has been served on all interested parties and:
(A) The party demonstrates, and the court finds, that there is good cause
not to require immediate income withholding, or
(B) a written agreement among all interested parties provides for an alternative
arrangement. If child support and maintenance payments are both made to an obligee by the same obligor, and if the court
has determined that good cause has been shown that direct child support payments to the obligee may be made, then the court
shall provide for direct maintenance payments to the obligee and no income withholding order shall be issued pursuant to
subsection (b). In a title IV-D case, the determination that there is good cause not to require immediate income withholding
must include a finding that immediate income withholding would not be in the child's best interests and, if an obligor's
existing obligation is being modified, proof of timely payment of previously ordered support.
(2) Notwithstanding the provisions
of subsection (j)(1), the court shall issue an income withholding order when an affidavit pursuant to subsection (d) is filed
if an arrearage exists in an amount equal to or greater than the amount of support payable for one month.
(3) If a notice
pursuant to subsection (h) has been served in a title IV-D case, there is no arrearage or the arrearage is less than the
amount of support payable for one month, and the obligor files a motion to stay issuance of the income withholding order
based upon the court's previous finding of good cause not to require immediate income withholding pursuant to subsection
(j)(1), the obligor must demonstrate the continued existence of good cause. Unless the court again finds that good cause
not to require immediate income withholding exists, the court shall issue the income withholding order.
(4) If a notice pursuant
to subsection (h) has been served in a title IV-D case, there is no arrearage or the arrearage is less than the amount of
support payable for one month, and the obligor files a motion to stay issuance of an income withholding order based upon
a previous agreement of the interested parties for an alternative arrangement pursuant to subsection (j)(1), the court shall
issue an income withholding order, notwithstanding any previous agreement, if the court finds that:
(A) The agreement was
not in writing;
(B) the agreement was not approved by all interested parties;
(C) the terms of the agreement or alternative
arrangement are not being met;
(D) the agreement or alternative arrangement is not in the best interests of the child; or
(E) the agreement or alternative arrangement places an unnecessary burden upon the obligor, obligee or a public office.
(5)
The procedures and requirements of K.S.A. 23-4,110 and amendments thereto apply to any motion pursuant to paragraph (3) or
(4) of this subsection (j).
(k) (1) An ex parte interlocutory order for support may be enforced pursuant to subsection (b)
only if the obligor has consented to the income withholding in writing.
(2) An ex parte interlocutory order for support may
be enforced pursuant to subsection (c) only if 10 or more days have elapsed since the order for support was served on the
obligor.
(3) Any other interlocutory order for support may be enforced by income withholding pursuant to this act in the
same manner as a final order for support.
(4) No bond shall be required for the issuance of an income withholding order to
enforce an interlocutory order pursuant to this act.
(l) All new or modified orders for maintenance of a spouse or ex-spouse,
except orders for a spouse or ex-spouse living with a child for whom an order of support is also being enforced, entered
on or after July 1, 1992, shall include a provision for the withholding of income to enforce the order of support. Unless
the parties consent in writing to earlier issuance of a withholding order, withholding shall take effect only after there
is an arrearage in an amount equal to or greater than the amount of support payable for two months and after service of a
notice as provided in subsection (h).
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Kansas divorce statutes § 23-602. Mediation
of Domestic Disputes
(a) The court or hearing officer may order mediation of any contested issue of child custody, residency, visitation, parenting
time, division of property or other issues, at any time, upon motion of a party or on the court's own motion. (b) If the
court or hearing officer orders mediation under subsection (a), the court or hearing officer shall appoint a mediator, taking
into consideration the following:
(1) An agreement by the parties to have a specific mediator appointed by the court or hearing
officer;
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(2) the nature and extent of any relationships the mediator may
have with the parties and any personal, financial or other interests the mediator may have which could result in bias or
a conflict of interest;
(3) the mediator's knowledge of
(A) the Kansas judicial system and the procedure used in domestic
relations cases,
(B) other resources in the community to which parties can be referred for assistance,
(C) child development,
(D) clinical issues relating to children,
(E) the effects of divorce on children and
(F) the psychology of families; and
(4) the mediator's training and experience in the process and techniques of mediation. |
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Kansas divorce statutes § 23-701. Enforcement
of Visitation Rights
(a) The purpose of this section is to enhance the enforcement of court ordered child visitation rights and parenting time
by establishing a simplified, expedited procedure to provide justice without necessitating the assistance of legal counsel.
(b) A party who has been granted visitation rights or parenting time may file with the court a motion alleging denial or
interference with those rights and enforcement of those rights. The district court shall provide a form on which such motion
may be filed. Such expedited matters shall be heard by a district judge, court trustee, or magistrate, sitting as a hearing
officer. The provisions of this section are in addition to those enforcement procedures provided in the uniform child custody
jurisdiction and enforcement act, and amendments thereto, and other remedies provided by law.
(c) When a motion seeking expedited
enforcement under subsection (b) is filed, the hearing officer shall immediately:
(1) Set a time and place for a hearing
on the motion, which shall not be more than 21 days after the date on which the motion was filed; or (2) if deemed appropriate,
issue an ex parte order for mediation in accordance with K.S.A. 23-601 et seq., and amendments thereto.
(d) If mediation
ordered pursuant to subsection (c) is completed, the mediator shall submit a summary of the parties' understanding to the
hearing officer within five days after it is signed by the parties. Upon receipt of the summary, the hearing officer shall
enter an order in accordance with the parties' agreement or set a time and place for a hearing on the matter, which shall
be not more than 10 days after the summary is received by the hearing officer.
(e) If mediation ordered pursuant to subsection
(c) is terminated pursuant to K.S.A. 23-604 and amendments thereto, the mediator shall report the termination to the hearing
officer within five days after the termination. Upon receipt of the report, the matter shall be set for hearing. Any such
hearing shall be not more than 10 days after the mediator's report of termination is received by the hearing officer.
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(f) Notice of the hearing date set by the hearing officer shall
be given to all interested parties by certified mail, return receipt requested, or as the court may order.
(g) If, upon hearing
the hearing officer finds that there has been an unreasonable interference with or denial of visitation or parenting time,
the hearing officer shall enter an order providing for one or more of the following:
(1) A specific schedule for visitation
or parenting time;
(2) compensating visitation or parenting time to the party suffering interference or denial of visitation
or parenting time, which time shall be of the same type (e.g., holiday, weekday, weekend, summer) as for which denial or
interference was found and which shall be at the convenience of the party suffering the denial or interference of visitation
or parenting time;
(3) the posting of a bond, either cash or with sufficient sureties, conditioned upon compliance with the
order granting visitation rights or parenting time;
(4) assessment of reasonable attorney fees, mediation costs and costs
of the proceedings to enforce visitation rights or parenting time against the person responsible for the unreasonable denial
or interference with visitation or parenting time other than the child;
(5) attendance of one or more of the parties to the
action at counseling or educational sessions which focus on the impact on children of disputes regarding visitation or parenting
time. Expenses shall be assessed to the person responsible for the denial or interference with visitation or parenting time;
(6) supervised visitation or parenting time; or
(7) any other remedy which the hearing officer considers appropriate, except,
if a hearing officer is not a district judge, the hearing officer shall not enter any order which grants a new order, or
modifies an existing order for child support, child custody, residency, or maintenance.
(h) Decisions of any hearing officer
who is not a district judge shall be subject to review by a district judge on the motion of any party filed within 10 days
after the order was entered.
(i) In no case shall final disposition of a motion filed pursuant to this section take place
more than 45 days after the filing of such motion.
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Kansas divorce statutes §60-1603.
Residency
(a) State. The petitioner or respondent in an action for divorce must have been an actual resident of the state for 60
days immediately preceding the filing of the petition.
(b) Military residence. Any person who has been a resident of or stationed
at a United States post or military reservation within the state for 60 days |
immediately preceding the filing of the petition may file an action
for divorce in any county adjacent to the post or reservation.
(c) Residence of spouse. For the purposes of this article,
a spouse may have a residence in this state separate and apart from the residence of the other spouse.
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Kansas divorce statutes § 23-201.
Married persons; separate property; marital property.
(a) The property, real and personal, which any person in this state may own at the time of the person's marriage, and
the rents, issues, profits or proceeds thereof, and any real, personal or mixed property which shall come to a person by
descent, devise or bequest, and the rents, issues, profits or proceeds thereof, or by gift from any person except the person's
spouse, shall remain the person's sole and separate property, notwithstanding the marriage, and not be subject to the disposal
of the person's spouse or liable for the spouse's debts.
(b) All property owned by married persons, including the present
value of any vested or unvested military retirement pay, or, for divorce or separate maintenance actions |
commenced on or after July 1, 1998, professional
goodwill to the extent that it is marketable for that particular professional, whether described in subsection (a) or acquired
by either spouse after marriage, and whether held individually or by the spouses in some form of co-ownership, such as joint
tenancy or tenancy in common, shall become marital property at the time of commencement by one spouse against the other of
an action in which a final decree is entered for divorce, separate maintenance, or annulment. Each spouse has a common ownership
in marital property which vests at the time of commencement of such action, the extent of the vested interest to be determined
and finalized by the court, pursuant to K.S.A. 60-1610 and amendments thereto.
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Kansas divorce statutes §60-1617.
Counseling.
(a) Family counseling. At any time prior or subsequent to the alteration of the parties' marital status the court may
order that any party or parties and any of their children be interviewed by a psychiatrist, licensed psychologist or other
trained professional in family counseling, approved by the court, for the purpose of determining whether it is in the best
interests of any of the parties' children that the parties and any of their children have counseling regarding matters of
legal custody, residency, visitation or parenting time. The court shall receive the written opinion of the professional,
and the court shall |
make the opinion available as provided by K.S.A. 60-1615, and amendments
thereto. Any professional consulted by the court under this section may be examined as a witness. If the opinion of the professional
is that counseling is in the best interests of any of the children, the court may order the parties and any of the children
to obtain counseling. Neither party shall be required to obtain counseling pursuant to this section if the party objects
thereto because the counseling conflicts with sincerely held religious tenets and practices to which any party is an adherent.
(b) Costs. The costs of the counseling shall be taxed to either party as equity and justice require.
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Kansas divorce statutes §60-1626.
Court information; classes; mediation; forms.
(a) The court shall inform the parents, or require them to be informed, about:
(1) How to prepare a parenting plan;
(2)
the impact of family dissolution on children and how the needs of children facing family dissolution can best be addressed;
(3) the impact of domestic abuse on children, and resources for addressing domestic abuse; and
(4) mediation or other non judicial
procedures designed to help them achieve an agreement.
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(b) The court may require the parents to attend parent education
classes.
(c) If parents are unable to resolve issues and agree to a parenting plan, the court may require mediation, unless
mediation is determined inappropriate in the particular case.
(d) The clerk of the district court shall supply forms and
information prescribed by the supreme court which may be used for submission of temporary and permanent parenting plans.
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Kansas divorce statutes § 60-1623.
Parenting plan; definitions.
(a) "Temporary parenting plan" means an agreement or order issued defining the legal custody, residency and
parenting time to be exercised by parents with regard to a child between the time of filing of a matter in which a parenting
plan may be entered, and any other provisions regarding the child's care which may be in the best interest of the child,
until a final order is issued.
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(b) "Permanent parenting plan" means an agreement between
parents which is incorporated into an order at a final hearing or an order or decree issued at a final hearing without agreement
that establishes legal custody, residency, parenting time and other matters regarding a child custody arrangement in a matter
in which a parenting plan may be entered.
(c) "Legal custody" means the allocation of parenting responsibilities
between parents, or any person acting as a parent, including decision making rights and responsibilities pertaining to matters
of child health, education and welfare.
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Kansas divorce statutes § 60-1624.
Temporary orders.
(a) The court may enter a temporary parenting plan in any case in which temporary orders relating to child custody is
authorized.
(b) If the court deems it appropriate, a temporary parenting plan approved by the court may include one or more
of the following provisions regarding children involved in the matter before the court:
(1) Designation of the temporary
legal custody of the child;
(2) designation of a temporary residence for the child;
(3) allocation of parental rights and
responsibilities regarding matters pertaining to the child's health, education and welfare;
(4) a schedule for the child's
time with each parent, when appropriate.
(c) A parent seeking a temporary order in which matters of child custody, residency,
or parenting time are included shall file a proposed temporary
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parenting plan contemporaneous with any request for issuance of
such temporary orders, which plan shall be served with any such temporary orders. (d) If the parent who has not filed a proposed
temporary parenting plan disputes the allocation of parenting responsibilities, residency, parenting time or other matters
included in the proposed temporary parenting plan, that parent shall file and serve a responsive proposed temporary parenting
plan.
(e) Either parent may move to have a proposed temporary parenting plan entered as part of a temporary order. The parents
may enter an agreed temporary parenting plan at any time as part of a temporary order.
(f) A parent may move for amendment
of a temporary parenting plan, and the court may order amendment to the temporary parenting plan, if the amendment is in
the best interest of the child.
(g) If a proceeding for divorce, separate maintenance, annulment or determination of parentage
is dismissed, any temporary parenting plan is vacated. |
The Kansas divorce laws that
appear here may not include all provisions of Family Law. Some
editing has occurred. You should consult the code or an Kansas divorce attorney.
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