ArrearsMaster: What is the “Correct” Interest Rate for Kansas?

In a recent Court of Appeals decision, the Court affirmed the decision of a Johnson County District Judge in assessing interest at 10% of the total support arrears. Some practitioners have interpreted the appellate court’s decision as indicating that only the 10% rate is “correct” and the other provisions of KSA 16-204 are no longer applicable to support arrears.

Read carefully, however, the decision is not quite so broad. For one thing, the district court ruled that the arrears creditor (the wife) did not meet her burden of proof in asserting a different calculation of the interest due. The trial court also applied the 10% interest as a flat percentage assessment, not a “per annum” rate. Finally, the appellate court made no ruling regarding the application of the annual  “interest on judgments” rate (which fluctuates from July 1 to July 1), merely finding no abuse of discretion on the part of the trial court (which had actually awarded the Wife a higher dollar amount of interest than she had requested!!).

Bradley Software’s Arrears Master®, of course, makes it simple to apply the statutory annual interest on judgments rate,  a user selected rate, or even a “zero” rate.  You can even import data from the Kansas Payment Center, and avoid time-consuming keyboarding of payments and dates.

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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