reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,201 Bases for jurisdiction over nonresident.

23-36,201. Bases for jurisdiction over nonresident.
(a) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:
(1) The individual is personally served with notice within this state;
(2) the individual submits to the jurisdiction of this state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
(3) the individual resided with the child in this state;
(4) the individual resided in this state and provided prenatal expenses or support for the child;
(5) the child resides in this state as a result of the acts or directives of the individual;
(6) the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse;
(7) the individual asserted parentage of a child in the putative father registry maintained in this state by the secretary of the Kansas department for children and families; or
(8) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.
(b) The bases of personal jurisdiction set forth in subsection (a) or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of K.S.A. 23-36,611, and amendments thereto, are met, or, in the case of a foreign support order, unless the requirements of K.S.A. 23-36,615, and amendments thereto, are met.
History:
L. 1994, ch. 301, § 35; L. 2014, ch. 115, § 44; L. 2015, ch. 64, § 6; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,202 Duration of personal jurisdiction.

23-36,202. Duration of personal jurisdiction.
Personal jurisdiction acquired by a tribunal of this state in a proceeding under this act or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by K.S.A. 23-36,205, 23-36,206 and K.S.A. 23-36,211, and amendments thereto.
History:
L. 1994, ch. 301, § 36; L. 1997, ch. 182, § 33; L. 2015, ch. 64, § 7; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,203 Initiating and responding tribunal of state.

23-36,203. Initiating and responding tribunal of state.
Under this act, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or a foreign country.
History:
L. 1994, ch. 301, § 37; L. 2015, ch. 64, § 8; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,204 Simultaneous proceedings.

23-36,204. Simultaneous proceedings.
(a) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or foreign country only if:
(1) The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;
(2) the contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; 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 or a foreign country if:
(1) The petition or comparable pleading in the other state or foreign country 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 or foreign country is the home state of the child.
History:
L. 1994, ch. 301, § 38; L. 2015, ch. 64, § 9; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,205 Continuing, exclusive jurisdiction to modify child support order.

23-36,205. Continuing, exclusive jurisdiction to modify child support order.
(a) A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and:
(1) At the time of the filing of a request for modification this state is the residence of the obligor, the individual obligee or the child for whose benefit the support order is issued; or
(2) even if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order.
(b) A tribunal of this state that has issued a child support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if:
(1) All of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or
(2) its order is not the controlling order.
(c) If a tribunal of another state has issued a child support order pursuant to the uniform interstate family support act or a law substantially similar to that act which modifies a child support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.
(d) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.
(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.
History:
L. 1994, ch. 301, § 39; L. 1997, ch. 182, § 34; L. 2015, ch. 64, § 10; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,206 Continuing jurisdiction to enforce child support order.

23-36,206. Continuing jurisdiction to enforce child support order.
(a) A tribunal of this state that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce:
(1) The order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the uniform interstate family support act; or
(2) a money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order.
(b) A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.
History:
L. 1994, ch. 301, § 40; L. 1997, ch. 182, § 35; L. 2015, ch. 64, § 11; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,208 Child support orders for two or more obligees.

23-36,208. Child support orders for two or more obligees.
In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this state shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this state.
History:
L. 1994, ch. 301, § 42; L. 2015, ch. 64, § 13; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,209 Credit for payments.

23-36,209. Credit for payments.
A tribunal of this state shall credit amounts collected for a particular period pursuant to any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this state, another state or a foreign country.
History:
L. 1994, ch. 301, § 43; L. 2015, ch. 64, § 14; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,210 Application of act to nonresident subject to personal jurisdiction.

23-36,210. Application of act to nonresident subject to personal jurisdiction.
A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this act, under other law of this state relating to a support order, or recognizing a foreign support order may receive evidence from outside this state pursuant to K.S.A. 23-36,316, and amendments thereto, communicate with a tribunal outside this state pursuant to K.S.A. 23-36,317, and amendments thereto, and obtain discovery through a tribunal outside this state pursuant to K.S.A. 23-36,318, and amendments thereto. In all other respects, parts 3 through 6 of this act do not apply and the tribunal shall apply the procedural and substantive law of this state.
History:
L. 2015, ch. 64, § 15; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,211 Continuing, exclusive jurisdiction to modify spousal support order.

23-36,211. Continuing, exclusive jurisdiction to modify spousal support order.
(a) A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation.
(b) A tribunal of this state may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.
(c) A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support order may serve as:
(1) An initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state; or
(2) a responding tribunal to enforce or modify its own spousal support order.
History:
L. 2015, ch. 64, § 16; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,301 Proceedings under act.

23-36,301. Proceedings under act.
(a) Except as otherwise provided in this act, K.S.A. 23-36,301 through 23-36,319, and amendments thereto, apply to all proceedings under this act.
(b) An individual petitioner or a support enforcement agency may initiate 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 or a foreign country which has or can obtain personal jurisdiction over the respondent.
History:
L. 1994, ch. 301, § 44; L. 1997, ch. 182, § 37; L. 2015, ch. 64, § 17; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,302 Action by minor parent.

23-36,302.
Action by minor parent.
A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child.
History:
L. 1994, ch. 301, § 45; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,303 Application of law of state.

23-36,303. Application of law of state.
Except as otherwise provided in this act, a responding tribunal of this state shall:
(a) Apply the procedural and substantive 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) 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; L. 2015, ch. 64, § 18; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,304 Duties of initiating tribunal.

23-36,304. Duties of initiating tribunal.
(a) Upon the filing of a petition authorized by this act, an initiating tribunal of this state shall forward the petition and its accompanying documents:
(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 requested by the responding tribunal, a tribunal of this state shall issue a certificate or other document and make findings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request the tribunal of this state shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal.
History:
L. 1994, ch. 301, § 47; L. 1997, ch. 182, § 38; L. 2015, ch. 64, § 19; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,305 Duties and powers of responding tribunal.

23-36,305. Duties and powers of responding tribunal.
(a) When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to K.S.A. 23-36,301(b), and amendments thereto, it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.
(b) A responding tribunal of this state, to the extent not prohibited by other law, may do one or more of the following:
(1) Establish or enforce a support order, modify a child support order, determine the controlling support order or determine parentage of a child;
(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, electronic-mail 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 and the respondent and to the initiating tribunal, if any.
(f) If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.
History:
L. 1994, ch. 301, § 48; L. 1997, ch. 182, § 39; L. 2015, ch. 64, § 20; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,306 Inappropriate tribunal.

23-36,306. Inappropriate tribunal.
If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the petitioner where and when the pleading was sent.
History:
L. 1994, ch. 301, § 49; L. 1997, ch. 182, § 40; L. 2015, ch. 64, § 21; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,307 Duties of support enforcement agency.

23-36,307. Duties of support enforcement agency.
(a) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this act.
(b) A support enforcement agency of this state that is providing services to the petitioner shall:
(1) Take all steps necessary to enable an appropriate tribunal of this state, another state or a foreign country 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 notice in a record from an initiating, responding or registering tribunal, send a copy of the notice to the petitioner;
(5) within two days, exclusive of Saturdays, Sundays and legal holidays, after receipt of communication in a record 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) A support enforcement agency of this state that requests registration of a child support order in this state for enforcement or for modification shall make reasonable efforts:
(1) To ensure that the order to be registered is the controlling order; or
(2) if two or more child support orders exist and the identity of the controlling order has not been determined, to ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.
(d) A support enforcement agency of this state that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.
(e) A support enforcement agency of this state shall request a tribunal of this state to issue a child support order and an income withholding order that redirects payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state pursuant to K.S.A. 23-36,319, and amendments thereto.
(f) 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; L. 2010, ch. 11, § 2; L. 2015, ch. 64, § 22; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,308 Duties of attorney general.

23-36,308. Duties of attorney general.
(a) If the attorney general determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the attorney general may order the agency to perform its duties under this act or may provide those services directly to the individual.
(b) The attorney general may determine that a foreign country has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination.
History:
L. 1994, ch. 301, § 51; L. 2015, ch. 64, § 23; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,310 Duties of state information agency.

23-36,310. Duties of state information agency.
(a) The Kansas department for children and families is the state information agency under this act.
(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 names and addresses of tribunals and support enforcement agencies received from other states;
(3) forward to the appropriate tribunal in the county in this state in which the obligee who is an individual 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 another state or a foreign country; 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; L. 2014, ch. 115, § 45; L. 2015, ch. 64, § 24; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,311 Pleadings and accompanying documents.

23-36,311. Pleadings and accompanying documents.
(a) In a proceeding under this act, a petitioner seeking to establish a support order, to determine parentage of a child or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under K.S.A. 23-36,312, and amendments thereto, the petition or accompanying documents must provide, so far as known, the name, residential address and social security numbers of the obligor and the obligee or the parent and alleged parent, and the name, sex, residential address, social security number and date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition must be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent.
(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; L. 2015, ch. 64, § 25; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,312 Nondisclosure of information in exceptional circumstances.

23-36,312. Nondisclosure of information in exceptional circumstances.
If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.
History:
L. 1994, ch. 301, § 55; L. 2015, ch. 64, § 26; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,313 Costs and fees.

23-36,313. Costs and fees.
(a) The petitioner may not be required to pay a filing fee or other costs.
(b) If an obligee prevails, a responding tribunal of this state 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 or foreign country, 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 shall order the payment of costs and reasonable attorney fees if it determines that a hearing was requested primarily for delay. In a proceeding under part 6, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.
History:
L. 1994, ch. 301, § 56; L. 1997, ch. 182, § 43; L. 2015, ch. 64, § 27; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,314 Limited immunity of petitioner.

23-36,314. Limited immunity of petitioner.
(a) Participation by a petitioner in a proceeding under this act before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.
(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; L. 2015, ch. 64, § 28; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,315 Nonparentage as defense.

23-36,315.
Nonparentage as defense.
A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this act.
History:
L. 1994, ch. 301, § 58; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,316 Special rules of evidence and procedure.

23-36,316. Special rules of evidence and procedure.
(a) The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement or modification of a support order or the rendition of a judgment determining parentage of a child.
(b) An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this 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 of a child, 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 outside this state to a tribunal of this state by telephone, telecopier or other electronic means that do not provide an original record 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 shall permit a party or witness residing outside this state to be deposed or to testify under penalty of perjury by telephone, audiovisual means or other electronic means at a designated tribunal or other location. A tribunal of this state shall cooperate with other tribunals 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.
(j) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.
History:
L. 1994, ch. 301, § 59; L. 2015, ch. 64, § 29; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,317 Communications between tribunals.

23-36,317. Communications between tribunals.
A tribunal of this state may communicate with a tribunal outside this state in a record or by telephone, electronic mail or other means, to obtain information concerning the laws, the legal effect of a judgment, decree or order of that tribunal, and the status of a proceeding. A tribunal of this state may furnish similar information by similar means to a tribunal outside this state.
History:
L. 1994, ch. 301, § 60; L. 2015, ch. 64, § 30; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,318 Assistance with discovery.

23-36,318. Assistance with discovery.
A tribunal of this state may:
(a) Request a tribunal outside this state to assist in obtaining discovery; and
(b) upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this state.
History:
L. 1994, ch. 301, § 61; L. 2015, ch. 64, § 31; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,319 Receipt and disbursement of payments.

23-36,319. Receipt and disbursement of payments.
(a) A support enforcement agency or tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received.
(b) If neither the obligor, nor the obligee who is an individual, nor the child resides in this state, upon request from the support enforcement agency of this state or another state, the support enforcement agency of this state or a tribunal of this state shall:
(1) Direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and
(2) issue and send to the obligor's employer a conforming income withholding order or an administrative notice of change of payee, reflecting the redirected payments.
(c) The support enforcement agency of this state receiving redirected payments from another state pursuant to a law similar to subsection (b) shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.
History:
L. 1994, ch. 301, § 62; L. 2015, ch. 64, § 32; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,401 Establishment of support order.

23-36,401. Establishment of support order.
(a) If a support order entitled to recognition under this act has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if:
(1) The individual seeking the order resides outside this state; or
(2) the support enforcement agency seeking the order is located outside this state.
(b) The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:
(1) A presumed father of the child;
(2) petitioning to have his paternity adjudicated;
(3) identified as the father of the child through genetic testing;
(4) an alleged father who has declined to submit to genetic testing;
(5) shown by clear and convincing evidence to be the father of the child;
(6) an acknowledged father as provided by K.S.A. 23-2201 et seq., and amendments thereto;
(7) the mother of the child; or
(8) an individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.
(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. 23-36,305, and amendments thereto.
History:
L. 1994, ch. 301, § 63; L. 1997, ch. 182, § 44; L. 2015, ch. 64, § 33; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,402 Proceeding to determine parentage.

23-36,402. Proceeding to determine parentage.
A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this act or a law or procedure substantially similar to this act.
History:
L. 2015, ch. 64, § 34; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,501 Employer's receipt of income withholding order of another state.

23-36,501. Employer's receipt of income withholding order of another state.
An income withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor's employer under the income withholding act, K.S.A. 23-3101 et seq., and amendments thereto, without first filing a petition or comparable pleading or registering the order with a tribunal of this state.
History:
L. 1994, ch. 301, § 64; L. 1997, ch. 182, § 45; L. 2015, ch. 64, § 35; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,502 Employer's compliance with income withholding order of another state.

23-36,502. Employer's compliance with income withholding order of another state.
(a) Upon receipt of an income withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.
(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. 23-36,503, 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 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 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; L. 2015, ch. 64, § 36; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,503 Employer's compliance with two or more income withholding orders.

23-36,503. Employer's compliance with two or more income withholding orders.
If an obligor's employer receives two or more income withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for two or more child support obligees.
History:
L. 1997, ch. 182, § 47; L. 2015, ch. 64, § 37; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,504 Immunity from civil liability.

23-36,504. Immunity from civil liability.
An employer that complies with an income withholding order issued in another state in accordance with this article is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income.
History:
L. 1997, ch. 182, § 48; L. 2015, ch. 64, § 38; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,505 Penalties for noncompliance.

23-36,505. Penalties for noncompliance.
An employer that willfully fails to comply with an income withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.
History:
L. 1997, ch. 182, § 49; L. 2015, ch. 64, § 39; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,506 Contest by obligor.

23-36,506. Contest by obligor.
(a) An obligor may contest the validity or enforcement of an income withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in part 6 of this act, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state.
(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 relating to the obligor; and
(3) the person designated to receive payments in the income withholding order or, if no person is designated, to the obligee.
History:
L. 1997, ch. 182, § 50; L. 2015, ch. 64, § 40; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,507 Administrative enforcement of orders.

23-36,507. Administrative enforcement of orders.
(a) A party or support enforcement agency seeking to enforce a support order or an income withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this state.
(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; L. 2015, ch. 64, § 41; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,601 Registration of order for enforcement.

23-36,601. Registration of order for enforcement.
A support order or income withholding order issued in another state or a foreign support order may be registered in this state for enforcement.
History:
L. 1994, ch. 301, § 66; L. 2015, ch. 64, § 42; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,602 Procedure to register order for enforcement.

23-36,602. Procedure to register order for enforcement.
(a) Except as otherwise provided in K.S.A. 23-36,706, and amendments thereto, a support order or income withholding order of another state or a foreign support order may be registered in this state by sending the following records to the appropriate tribunal in this state:
(1) A letter of transmittal to the tribunal requesting registration and enforcement;
(2) two copies, including one certified copy, of the order to be registered, including any modification of the order;
(3) a sworn statement by the person requesting 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) except as otherwise provided in K.S.A. 23-36,312, and amendments thereto, the name and address of the obligee and, if applicable, the 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 an order of a tribunal of another state or a foreign support order, 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.
(d) If two or more orders are in effect, the person requesting registration shall:
(1) Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section;
(2) specify the order alleged to be the controlling order, if any; and
(3) specify the amount of consolidated arrears, if any.
(e) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.
History:
L. 1994, ch. 301, § 67; L. 2015, ch. 64, § 43; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,603 Effect of registration for enforcement.

23-36,603. Effect of registration for enforcement.
(a) A support order or income withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state.
(b) A registered support order issued in another state or a foreign country 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 this act, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.
History:
L. 1994, ch. 301, § 68; L. 2015, ch. 64, § 44; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,604 Choice of law.

23-36,604. Choice of law.
(a) Except as otherwise provided in subsection (d), the law of the issuing state or foreign country governs:
(1) The nature, extent, amount and duration of current payments under a registered support order;
(2) the computation and payment of arrearages and accrual of interest on the arrearages under the support order; and
(3) the existence and satisfaction of other obligations under the support order.
(b) In a proceeding for arrears under a registered support order, the statute of limitation of this state, or of the issuing state or foreign country, whichever is longer, applies.
(c) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.
(d) After a tribunal of this or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.
History:
L. 1994, ch. 301, § 69; L. 2015, ch. 64, § 45; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,605 Notice of registration of order.

23-36,605. Notice of registration of order.
(a) When a support order or income withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.
(b) A notice must inform the nonregistering party:
(1) That a registered support 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 notice unless the registered order is under K.S.A. 23-36,707, and amendments thereto;
(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
(4) of the amount of any alleged arrearages.
(c) If the registering party asserts that two or more orders are in effect, a notice must also:
(1) Identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any;
(2) notify the nonregistering party of the right to a determination of which is the controlling order;
(3) state that the procedures provided in subsection (b) apply to the determination of which is the controlling order; and
(4) state that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.
(d) Upon registration of an income withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's employer pursuant to the income withholding act, K.S.A. 23-3101 et seq., and amendments thereto.
History:
L. 1994, ch. 301, § 70; L. 1997, ch. 182, § 51; L. 2015, ch. 64, § 46; July 1.