Application of KSA 16-204(e)(3) Statutory 10% Interest to Maintenance Arrears Affirmed

The Kansas Court of Appeals, in a non-published decision issued March 26, 2010, affirmed the ruling of Judge David W. Hauber, Division 7, Johnson County District Court assessing interest of $493 on a maintenance arrearage of $4,933. Noteworthy are the facts that 1) the trial judge had rejected Wife’s calculation of interest as “not correct” and 2) the rate applied was a flat 10%, not 10% per annum (or an equivalent monthly rate over the months the arrears were outstanding). Interesting as well is the fact that the Wife had only sought an interest award of $199.89!  In re Marriage of Lee-Guiher-White, 227 P.3d 1010(Kan.App.2010, No. 102,167)

About Brad Short

CEO : Bradley Software; Of Counsel at Short, Borth & Thilges, Attorneys at Law, LLC, Overland Park, Kansas. Born Birmingham, Alabama, December 27, 1941; admitted to bar,1966, Kansas and U.S. District Court, District of Kansas; 1975, U.S. Court of Appeals, Tenth Circuit; 1976, U.S. Supreme Court. Education: University of Colorado (B.A., 1963; J.D., 1966). Contributing Author, Practitioner's Guide to Kansas Family Law, Kansas Bar Association, 1997. Listed in: The Best Lawyers in America, Family Law, every year from 1987 through 2013. Member, Technology Advisory Committee, Kansas Judicial Council, 1991-1998. Member: Bourbon County, 1966-1977 (President, 1970-1971), Johnson County (Member: Ethics and Grievance Committee, 1984-1998; Family Law Bench/Bar Committee, 1984-), Kansas and American (Vice-Chair, Solo Practitioners and Small Firms Committee, Economics of Law Practice Section, 1984-1985) Bar Associations; Kansas Trial Lawyers Association, 1974-1984 (State Treasurer, 1975-76; Member, Board of Governors, 1974-1984). Fellow, American Academy of Matrimonial Lawyers, 1994-2013 . Practice areas: Family Law.
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