TEMPORARY SUPPORT ORDERS SUBJECT TO MODIFICATION LIMITS!!

In a decision issued on October 26, 2012, (In re Marriage of Brown, http://www.kscourts.org/Cases-and-opinions/opinions/SupCt/2012/20121026/103758.pdf) the Kansas Supreme Court reversed a policy established more than 50 years earlier which permitted a trial court to modify (or even vacate) amounts due under temporary support orders at any time up to the entry of the final decree of divorce whether paid or not (see Edwards v Edwards, 182 Kan. 737, Syl. ¶2, 324 P.2d 150 (1958). Under the Edwards doctrine, any unpaid temporary support had to be reduced to a judgment at the time of the final decree. Otherwise, the unpaid amounts were lost.

In its Brown decision, the Court held that the provision in K.S.A. 60-1610(a)(1) {now K.S.A. 23-3005} limiting retroactivity of support modification orders applied to all support orders, including “interlocutory” (pre-decree) orders for support.  Therefore, no support modification order can be effective earlier than a date at least one month after the date that a motion to modify the support order was filed; as a corollary, any modification order not preceded by a motion to modify can only operate prospectively. Marriage of Schoby, 269 Kan.114 Syl, ¶ 1, 4 P.3 604 (2000).

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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