(a) "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent.
(b) "Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state.
(c) "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse or former spouse, including an unsatisfied obligation to provide support.
(d) "Home state" means the state in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period.
(e) "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state.
(f) "Income withholding order" means an order or other legal process directed to an obligor's employer, or other debtor, as defined by the income withholding act, K.S.A. 23-4,105 and amendments thereto, to withhold support from the income of the obligor.
(g) "Initiating state" means a state from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under this act or a law or procedure substantially similar to this act, the uniform reciprocal enforcement of support act or the revised uniform reciprocal enforcement of support act.
(h) "Initiating tribunal" means the authorized tribunal in an initiating state.
(i) "Issuing state" means the state in which a tribunal issues a support order or renders a judgment determining parentage.
(j) "Issuing tribunal" means the tribunal that issues a support order or renders a judgment determining parentage.
(k) "Law" includes decisional and statutory law and rules and regulations having the force of law.
(l) "Obligee" means:
(1) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered;
(2) a state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or
(3) an individual seeking a judgment determining parentage of the individual's child.
(m) "Obligor" means an individual, or the estate of a decedent:
(1) Who owes or is alleged to owe a duty of support;
(2) who is alleged, but has not been, adjudicated to be a parent of a child; or
(3) who is liable under a support order.
(n) "Register" means to file a support order or judgment determining parentage in the responding court.
(o) "Registering tribunal" means a tribunal in which a support order is registered.
(p) "Responding state" means a state in which a proceeding is filed or to which a proceeding is forwarded for filing from an initiating state under this act or a law or procedure substantially similar to this act, the uniform reciprocal enforcement of support act, or the revised uniform reciprocal enforcement of support act.
(q) "Responding tribunal" means the authorized tribunal in a responding state.
(r) "Spousal support order" means a support order for a spouse or former spouse of the obligor.
(s) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes:
(1) An Indian tribe; and
(2) a foreign jurisdiction that has enacted a law or established procedures for issuance and enforcement of support orders which are substantially similar to the procedures under this act, the uniform reciprocal enforcement of support act or the revised uniform reciprocal enforcement of support act.
(t) "Support enforcement agency" means a public official or agency authorized to seek:
(1) Enforcement of support orders or laws relating to the duty of support;
(2) establishment or modification of child support;
(3) determination of parentage; or
(4) to locate obligors or their assets.
(u) "Support order" means a judgment, decree or order, whether temporary, final or subject to modification, for the benefit of a child, a spouse or a former spouse, which provides for monetary support, health care, arrearages or reimbursement, and may include related costs and fees, interest, income withholding, attorney fees and other relief.
(v) "Tribunal" means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage.
History: L. 1994, ch. 301, § 32; L. 1997, ch. 182, § 32; July 3.
History: L. 1994, ch. 301, § 33; July 1.
History: L. 1994, ch. 301, § 34; July 1.
(a) The individual is personally served with notice within this state;
(b) the individual submits to the jurisdiction of this state by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
(c) the individual resided with the child in this state;
(d) the individual resided in this state and provided prenatal expenses or support for the child;
(e) the child resides in this state as a result of the acts or directives of the individual;
(f) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;
(g) the individual asserted parentage in the putative father registry maintained in this state by the secretary of the department of social and rehabilitation services; or
(h) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.
History: L. 1994, ch. 301, § 35; July 1.
History: L. 1994, ch. 301, § 36; L. 1997, ch. 182, § 33; July 3.
History: L. 1994, ch. 301, § 37; July 1.
(1) The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state for filing a responsive pleading challenging the exercise of jurisdiction by the other state;
(2) the contesting party timely challenges the exercise of jurisdiction in the other state; and
(3) if relevant, this state is the home state of the child.
(b) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state if:
(1) The petition or comparable pleading in the other state is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state;
(2) the contesting party timely challenges the exercise of jurisdiction in this state; and
(3) if relevant, the other state is the home state of the child.
History: L. 1994, ch. 301, § 38; July 1.
(1) As long as this state remains the residence of the obligor, the individual obligee or the child for whose benefit the support order is issued; or
(2) until all of the parties who are individuals have filed written consents with the tribunal of this state for a tribunal of another state to modify the order and assume continuing, exclusive jurisdiction.
(b) A tribunal of this state issuing a child support order consistent with the law of this state may not exercise its continuing jurisdiction to modify the order if the order has been modified by a tribunal of another state pursuant to this act or to a law substantially similar to this act.
(c) If a child support order of this state is modified by a tribunal of another state pursuant to this act or to a law substantially similar to this act, a tribunal of this state loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the order issued in this state, and may only:
(1) Enforce the order that was modified as to amounts accruing before the modification;
(2) enforce nonmodifiable aspects of that order; and
(3) provide other appropriate relief for violations of that order which occurred before the effective date of the modification.
(d) A tribunal of this state shall recognize the continuing, exclusive jurisdiction of a tribunal of another state which has issued a child support order pursuant to this act or to a law substantially similar to this act.
(e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
(f) A tribunal of this state issuing a support order consistent with the law of this state has continuing, exclusive jurisdiction over a spousal support order throughout the existence of the support obligation. A tribunal of this state may not modify a spousal support order issued by a tribunal of another state having continuing, exclusive jurisdiction over that order under the law of that state.
History: L. 1994, ch. 301, § 39; L. 1997, ch. 182, § 34; July 3.
(b) A tribunal of this state having continuing, exclusive jurisdiction over a support order may act as a responding tribunal to enforce or modify the order. If a party subject to the continuing, exclusive jurisdiction of the tribunal no longer resides in the issuing state, in subsequent proceedings the tribunal may apply K.S.A. 23-9,316 and amendments thereto (special rules of evidence and procedure) to receive evidence from another state and K.S.A. 23-9,318 and amendments thereto (assistance with discovery) to obtain discovery through a tribunal of another state.
(c) A tribunal of this state which lacks continuing, exclusive jurisdiction over a spousal support order may not serve as a responding tribunal to modify a spousal support order of another state.
History: L. 1994, ch. 301, § 40; L. 1997, ch. 182, § 35; July 3.
(b) If a proceeding is brought under this act, and two or more child support orders have been issued by tribunals of this state or another state with regard to the same obligor and child, a tribunal of this state shall apply the following rules in determining which order to recognize for purposes of continuing, exclusive jurisdiction:
(1) If only one of the tribunals would have continuing, exclusive jurisdiction under this act, the order of that tribunal controls and must be so recognized.
(2) If more than one of the tribunals would have continuing, exclusive jurisdiction under this act, an order issued by a tribunal in the current home state of the child controls and must be so recognized, but if an order has not been issued in the current home state of the child, the order most recently issued controls and must be so recognized.
(3) If none of the tribunals would have continuing, exclusive jurisdiction under this act, the tribunal of this state having jurisdiction over the parties shall issue a child support order, which controls and must be so recognized.
(c) If two or more child support orders have been issued for the same obligor and child and if the obligor or the individual obligee resides in this state, a party may request a tribunal of this state to determine which order controls and must be so recognized under subsection (b). The request must be accompanied by a certified copy of every support order in effect. The requesting party shall give notice of the request to each party whose rights may be affected by the determination.
(d) The tribunal that issued the controlling order under subsection (a), (b) or (c) is the tribunal that has continuing, exclusive jurisdiction under K.S.A. 23-9,205 and amendments thereto.
(e) A tribunal of this state which determines by order the identity of the controlling order under subsection (b)(1) or (2) or which issues a new controlling order under subsection (b)(3) shall state in that order the basis upon which the tribunal made its determination.
(f) Within 30 days after issuance of an order determining the identity of the controlling order, the party obtaining the order shall file a certified copy of it with each tribunal that issued or registered an earlier order of child support. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order.
History: L. 1994, ch. 301, § 41; L. 1997, ch. 182, § 36; July 3.
History: L. 1994, ch. 301, § 42; July 1.
History: L. 1994, ch. 301, § 43; July 1.
(b) This act provides for the following proceedings:
(1) Establishment of an order for spousal support or child support pursuant to K.S.A. 23-9,401 and amendments thereto;
(2) enforcement of a support order and income withholding order of another state without registration pursuant to K.S.A. 23-9,501 and 23-9,502 and amendments thereto;
(3) registration of an order for spousal support or child support of another state for enforcement pursuant to K.S.A. 23-9,601 through 23-9,612 and amendments thereto;
(4) modification of an order for child support or spousal support issued by a tribunal of this state pursuant to K.S.A. 23-9,203 through 23-9,206 and amendments thereto;
(5) registration of an order for child support of another state for modification pursuant to K.S.A. 23-9,601 through 23-9,612 and amendments thereto;
(6) determination of parentage pursuant to K.S.A. 23-9,701 and amendments thereto; and
(7) assertion of jurisdiction over nonresidents pursuant to K.S.A. 23-9,201 and 23-9,202 and amendments thereto.
(c) An individual petitioner or a support enforcement agency may commence a proceeding authorized under this act by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state which has or can obtain personal jurisdiction over the respondent.
History: L. 1994, ch. 301, § 44; L. 1997, ch. 182, § 37; July 3.
History: L. 1994, ch. 301, § 45; July 1.
(a) Shall apply the procedural and substantive law, including the rules on choice of law, generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings; and
(b) shall determine the duty of support and the amount payable in accordance with the law and support guidelines of this state.
History: L. 1994, ch. 301, § 46; July 1.
(1) To the responding tribunal or appropriate support enforcement agency in the responding state; or
(2) if the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.
(b) If a responding state has not enacted this act or a law or procedure substantially similar to this act, a tribunal of this state may issue a certificate or other document and make findings required by the law of the responding state. If the responding state is a foreign jurisdiction, the tribunal may specify the amount of support sought and provide other documents necessary to satisfy the requirements of the responding state.
History: L. 1994, ch. 301, § 47; L. 1997, ch. 182, § 38; July 3.
(b) A responding tribunal of this state, to the extent otherwise authorized by law, may do one or more of the following:
(1) Issue or enforce a support order, modify a child support order or render a judgment to determine parentage;
(2) order an obligor to comply with a support order, specifying the amount and the manner of compliance;
(3) order income withholding;
(4) determine the amount of any arrearages, and specify a method of payment;
(5) enforce orders by civil or criminal contempt, or both;
(6) set aside property for satisfaction of the support order;
(7) place liens and order execution on the obligor's property;
(8) order an obligor to keep the tribunal informed of the obligor's current residential address, telephone number, employer, address of employment and telephone number at the place of employment;
(9) issue a bench warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the bench warrant in any local and state computer systems for criminal warrants;
(10) order the obligor to seek appropriate employment by specified methods;
(11) award reasonable attorney fees and other fees and costs; and
(12) grant any other available remedy.
(c) A responding tribunal of this state shall include in a support order issued under this act, or in the documents accompanying the order, the calculations on which the support order is based.
(d) A responding tribunal of this state may not condition the payment of a support order issued under this act upon compliance by a party with provisions for visitation.
(e) If a responding tribunal of this state issues an order under this act, the tribunal shall send a copy of the order to the petitioner only by personal service or registered mail, return receipt requested and the respondent and to the initiating tribunal, if any.
History: L. 1994, ch. 301, § 48; L. 1997, ch. 182, § 39; July 3.
History: L. 1994, ch. 301, § 49; L. 1997, ch. 182, § 40; July 3.
(b) A support enforcement agency that is providing services to the petitioner as appropriate shall:
(1) Take all steps necessary to enable an appropriate tribunal in this state or another state to obtain jurisdiction over the respondent;
(2) request an appropriate tribunal to set a date, time and place for a hearing;
(3) make a reasonable effort to obtain all relevant information, including information as to income and property of the parties;
(4) within two days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a written notice from an initiating, responding or registering tribunal, send a copy of the notice only by personal service or registered mail, return receipt requested to the petitioner;
(5) within two days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a written communication from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and
(6) notify the petitioner if jurisdiction over the respondent cannot be obtained.
(c) This act does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.
History: L. 1994, ch. 301, § 50; L. 1997, ch. 182, § 41; July 3.
History: L. 1994, ch. 301, § 51; July 1.
History: L. 1994, ch. 301, § 52; July 1.
(b) The state information agency shall:
(1) Compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under this act and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state;
(2) maintain a register of tribunals and support enforcement agencies received from other states;
(3) forward to the appropriate tribunal in the place in this state in which the individual obligee or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this act received from an initiating tribunal or the state information agency of the initiating state; and
(4) obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, drivers' licenses and social security.
History: L. 1994, ch. 301, § 53; July 1.
(b) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.
History: L. 1994, ch. 301, § 54; L. 1997, ch. 182, § 42; July 3.
History: L. 1994, ch. 301, § 55; July 1.
(b) If an obligee prevails, a responding tribunal may assess against an obligor filing fees, reasonable attorney fees, other costs and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs or expenses against the obligee or the support enforcement agency of either the initiating or the responding state, except as provided by other law. Attorney fees may be taxed as costs, and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs and expenses.
(c) The tribunal may order the payment of costs and reasonable attorney fees if it determines that a hearing was requested primarily for delay.
History: L. 1994, ch. 301, § 56; L. 1997, ch. 182, § 43; July 3.
(b) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this act.
(c) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this act committed by a party while present in this state to participate in the proceeding.
History: L. 1994, ch. 301, § 57; July 1.
History: L. 1994, ch. 301, § 58; July 1.
(b) A verified petition, affidavit or document substantially complying with federally mandated forms, and a document incorporated by reference in any of them, not excluded under the hearsay rule if given in person, is admissible in evidence if given under oath by a party or witness residing in another state.
(c) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it, and is admissible to show whether payments were made.
(d) Copies of bills for testing for parentage, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least 10 days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary and customary.
(e) Documentary evidence transmitted from another state to a tribunal of this state by telephone, telecopies or other means that do not provide an original writing may not be excluded from evidence on an objection based on the means of transmission.
(f) In a proceeding under this act, a tribunal of this state may permit a party or witness residing in another state to be deposed or to testify by telephone, audiovisual means or other electronic means at a designated tribunal or other location in that state. A tribunal of this state shall cooperate with tribunals of other states in designating an appropriate location for the deposition or testimony.
(g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.
(h) A privilege against disclosure of communications between spouses does not apply in a proceeding under this act.
(i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this act.
History: L. 1994, ch. 301, § 59; July 1.
History: L. 1994, ch. 301, § 60; July 1.
(a) Request a tribunal of another state to assist in obtaining discovery; and
(b) upon request, compel a person over whom it has jurisdiction to respond to a discovery order issued by a tribunal of another state.
History: L. 1994, ch. 301, § 61; July 1.
History: L. 1994, ch. 301, § 62; July 1.
(1) The individual seeking the order resides in another state; or
(2) the support enforcement agency seeking the order is located in another state.
(b) The tribunal may issue a temporary child support order if:
(1) The respondent has signed a verified statement acknowledging parentage;
(2) the respondent has been determined by or pursuant to law to be the parent; or
(3) there is other clear and convincing evidence that the respondent is the child's parent.
(c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to K.S.A. 23-9,305 and amendments thereto (duties and powers of responding tribunal).
History: L. 1994, ch. 301, § 63; L. 1997, ch. 182, § 44; July 3.
History: L. 1994, ch. 301, § 64; L. 1997, ch. 182, § 45; July 3.
(b) The employer shall treat an income withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this state.
(c) Except as otherwise provided in subsection (d) and K.S.A. 23-9,503 and amendments thereto the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order which specify:
(1) The duration and amount of periodic payments of current child support, stated as a sum certain;
(2) the person or agency designated to receive payments and the address to which the payments are to be forwarded;
(3) medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;
(4) the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and
(5) the amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.
(d) An employer shall comply with the law of the state of the obligor's principal place of employment with that employer for withholding from income with respect to:
(1) The employer's fee for processing an income withholding order;
(2) the maximum amount permitted to be withheld from the obligor's income; and
(3) the times within which the employer must implement the withholding order and forward the child support payment.
History: L. 1997, ch. 182, § 46; July 3.
History: L. 1997, ch. 182, § 47; July 3.
History: L. 1997, ch. 182, § 48; July 3.
History: L. 1997, ch. 182, § 49; July 3.
(b) The obligor shall give notice of the contest to:
(1) A support enforcement agency providing services to the obligee;
(2) each employer that has directly received an income withholding order; and
(3) the person or agency designated to receive payments in the income withholding order or if no person or agency is designated, to the obligee.
History: L. 1997, ch. 182, § 50; July 3.
(b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this act.
History: L. 1994, ch. 301, § 65; July 1.
History: L. 1994, ch. 301, § 66; July 1.
(1) A letter of transmittal to the tribunal requesting registration and enforcement;
(2) two copies, including one certified copy, of all orders to be registered, including any modification of an order;
(3) a sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage;
(4) the name of the obligor and, if known:
(A) The obligor's address and social security number;
(B) the name and address of the obligor's employer and any other source of income of the obligor; and
(C) a description and the location of property of the obligor in this state not exempt from execution; and
(5) the name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted.
(b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information, regardless of their form.
(c) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.
History: L. 1994, ch. 301, § 67; July 1.
(b) A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.
(c) Except as otherwise provided in K.S.A. 23-9,602 through 23-9,612, a tribunal of this state shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction.
History: L. 1994, ch. 301, § 68; July 1.
(b) In a proceeding for arrearages, the statute of limitation under the laws of this state or of the issuing state, whichever is longer, applies.
History: L. 1994, ch. 301, § 69; July 1.
(b) The notice must inform the nonregistering party:
(1) That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state;
(2) that a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after the date of mailing or personal service of the notice;
(3) that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; and
(4) of the amount of any alleged arrearages.
(c) Upon registration of an income withholding order for enforcement, the registering tribunal shall notify the obligor's employer pursuant to the income withholding act, K.S.A. 23-4,105 et seq. and amendments thereto.
History: L. 1994, ch. 301, § 70; L. 1997, ch. 182, § 51; July 3.
(b) If the nonregistering party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law.
(c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time and place of the hearing.
History: L. 1994, ch. 301, § 71; L. 1997, ch. 182, § 52; July 3.
(1) The issuing tribunal lacked personal jurisdiction over the contesting party;
(2) the order was obtained by fraud;
(3) the order has been vacated, suspended or modified by a later order;
(4) the issuing tribunal has stayed the order pending appeal;
(5) there is a defense under the law of this state to the remedy sought;
(6) full or partial payment has been made; or
(7) the statute of limitations under K.S.A. 23-9,604 and amendments thereto (choice of law) precludes enforcement of some or all of the arrearages.
(b) If a party presents evidence establishing a full or partial defense under subsection (a), a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered order may be enforced by all remedies available under the law of this state.
(c) If the contesting party does not establish a defense under subsection (a) to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order.
History: L. 1994, ch. 301, § 72; L. 1997, ch. 182, § 53; July 3.
History: L. 1994, ch. 301, § 73; July 1.
History: L. 1994, ch. 301, § 74; L. 1997, ch. 182, § 54; July 3.
History: L. 1994, ch. 301, § 75; L. 1997, ch. 182, § 55; July 3.
(1) The following requirements are met:
(A) The child, the individual obligee and the obligor do not reside in the issuing state;
(B) a petitioner who is a nonresident of this state seeks modification; and
(C) the respondent is subject to the personal jurisdiction of the tribunal of this state; or
(2) the child, or a party who is an individual, is subject to the personal jurisdiction of the tribunal of this state and all of the parties who are individuals have filed written consents in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction over the order. However, if the issuing state is a foreign jurisdiction that has not enacted a law or established procedures substantially similar to the procedures under this act, the consent otherwise required of an individual residing in this state is not required for the tribunal of this state to assume jurisdiction to modify the child support order.
(b) Modification of a registered child support order is subject to the same requirements, procedures and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.
(c) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state. If two or more tribunals have issued child support orders for the same obligor and child, the order that controls and must be so recognized under K.S.A. 23-9,207 and amendments thereto establishes the aspects of the support order which are nonmodifiable.
(d) On issuance of an order modifying a child support order issued in another state, a tribunal of this state becomes the tribunal of continuing, exclusive jurisdiction.
History: L. 1994, ch. 301, § 76; L. 1997, ch. 182, § 56; July 3.
(a) Enforce the order that was modified only as to amounts accruing before the modification;
(b) enforce only nonmodifiable aspects of that order;
(c) provide other appropriate relief only for violations of that order which occurred before the effective date of the modification; and
(d) recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
History: L. 1994, ch. 301, § 77; July 1.
(b) A tribunal of this state exercising jurisdiction under this section shall apply the provisions of K.S.A. 23-4,106, 23-4,107, 23-9,101, 23-9,102, 23-9,103, 23-9,201 through 23-9,209, 23-9,601 through 23-9,611 and amendments thereto, and the procedural and substantive law of this state to the proceeding for enforcement or modification. K.S.A. 23-9,301 et seq., 23-9,401, 23-9,501, 23-9,502, 23-9,701 and 23-9,801, 23-9,802 and amendments thereto do not apply.
History: L. 1997, ch. 182, § 57; July 3.
History: L. 1997, ch. 182, § 58; July 3.
(b) In a proceeding to determine parentage, a responding tribunal of this state shall apply the Kansas parentage act, K.S.A. 38-1110 et seq. and amendments thereto, and the rules of this state on choice of law.
History: L. 1994, ch. 301, § 78; July 1.
(b) The governor of this state may:
(1) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee; or
(2) on the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.
(c) A provision for extradition of individuals not inconsistent with this act applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.
History: L. 1994, ch. 301, § 79; L. 1997, ch. 182, § 59; July 3.
(b) If, under this act or a law substantially similar to this act, the uniform reciprocal enforcement of support act, or the revised uniform reciprocal enforcement of support act, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.
History: L. 1994, ch. 301, § 80; July 1.
History: L. 1994, ch. 301, § 81; July 1.
History: L. 1994, ch. 301, § 82; L. 1997, ch. 182, § 60; July 3.
History: L. 1994, ch. 301, § 83; July 1.