Archive for October, 2010  
tweets

Kansas divorce laws and child support and alimony laws

Thursday, October 28th, 2010  
tweets

In Kansas the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the District Court will order support from one spouse to the other on a case-by-case basis as follows:

The court will use it better judgment when decreeing any award to either party for future support denominated as maintenance. The court shall order an amount the court finds to be fair, just and equitable under all of the circumstances.

The court may decree that the future payments are modifiable or terminable under circumstances prescribed in the decree. The court may make a modification of maintenance retroactive to a date at least one month after the date that the motion to modify was filed with the court. In any event, the court may not award maintenance for a period of time in excess of 121 months. If the original court decree reserves the power of the court to hear subsequent motions for reinstatement of maintenance and such a motion is filed prior to the expiration of the stated period of time for maintenance payments, the court shall have jurisdiction to hear a motion by the recipient of the maintenance to reinstate the maintenance payments. (Kansas Statutes – Chapter 60 – Article 16 – Subject: 1610)

Requirements

  • Kansas requires that at least one spouse be a resident of the state for at least 60 days prior to filing a divorce petition. Kansas is a “no-fault” divorce state, meaning that no grounds for divorce must be stated other than that one party believes the marriage is irrevocably damaged. The divorce petition can be filed in the county courthouse where either spouse lives.
  • Maintenance

  • In Kansas, alimony is generally referred to as maintenance, spousal maintenance or support. Maintenance can be ordered to be paid as a lump sum, annual sum or monthly sum as the court decides. The court may not order any maintenance payment to go on for longer than 121 months.
  • Factors

  • If the parties cannot agree to their own maintenance payments, the court will come up with its own maintenance orders. The court will look at a number of factors, including the age of the spouses, the marital assets, potential earnings, length of the marriage and standard of living.
  • Modification

  • If the divorce decree ordering maintenance allows for either party to modify maintenance payments, those modifications must be petitioned for before the 121-month time period ends. Upon modification, the court may extend maintenance payments for no more than 121 months.
  • Child Support

  • Spousal maintenance is generally held separate from child support and custody. Kansas courts may order one or both parties to pay child support and education expenses for any minor children.