reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,606 Procedure to contest validity or enforcement of registered support order.

23-36,606. Procedure to contest validity or enforcement of registered support order.
(a) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by K.S.A. 23-36,605, and amendments thereto. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to K.S.A. 23-36,607, and amendments thereto.
(b) If the nonregistering party fails to contest the validity or enforcement of the registered support 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 support 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; L. 2015, ch. 64, § 47; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,607 Contest of registration or enforcement.

23-36,607. Contest of registration or enforcement.
(a) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
(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;
(7) the statute of limitations under K.S.A. 23-36,604, and amendments thereto, precludes enforcement of some or all of the alleged arrearages; or
(8) the alleged controlling order is not the controlling order.
(b) If a party presents evidence establishing a full or partial defense under subsection (a), a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support 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 a registered support order, the registering tribunal shall issue an order confirming the order.
History:
L. 1994, ch. 301, § 72; L. 1997, ch. 182, § 53; L. 2015, ch. 64, § 48; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,608 Confirmed order.

23-36,608. Confirmed order.
Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
History:
L. 1994, ch. 301, § 73; L. 2015, ch. 64, § 49; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,609 Procedure to register child support order of another state for modification.

23-36,609. Procedure to register child support order of another state for modification.
A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in K.S.A. 23-36,601 through 23-36,608, and amendments thereto, if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.
History:
L. 1994, ch. 301, § 74; L. 1997, ch. 182, § 54; L. 2015, ch. 64, § 50; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,610 Effect of registration for modification.

23-36,610. Effect of registration for modification.
A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of K.S.A. 23-36,611 or 23-36,613, and amendments thereto, have been met.
History:
L. 1994, ch. 301, § 75; L. 1997, ch. 182, § 55; L. 2015, ch. 64, § 51; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,611 Modification of child support order of another state.

23-36,611. Modification of child support order of another state.
(a) If K.S.A. 23-36,613, and amendments thereto, does not apply, upon petition a tribunal of this state may modify a child support order issued in another state which is registered in this state if, after notice and hearing the tribunal finds that:
(1) The following requirements are met:
(A) Neither the child, nor the obligee who is an individual, nor the obligor resides 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) this state is the state of residence of 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 consents in a record in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction.
(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, including the duration of the obligation of support. 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. 23-36,207, and amendments thereto, establishes the aspects of the support order which are nonmodifiable.
(d) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this state.
(e) On the issuance of an order by a tribunal of this state modifying a child support order issued in another state, the tribunal of this state becomes the tribunal of continuing, exclusive jurisdiction.
(f) Notwithstanding subsections (a) through (e) and K.S.A. 23-36,201(b), and amendments thereto, a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if:
(1) One party resides in another state; and
(2) the other party resides outside the United States.
History:
L. 1994, ch. 301, § 76; L. 1997, ch. 182, § 56; L. 2015, ch. 64, § 52; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,612 Recognition of order modified in another state.

23-36,612. Recognition of order modified in another state.
If a child support order issued by a tribunal of this state is modified by a tribunal of another state which assumed jurisdiction pursuant to the uniform interstate family support act, a tribunal of this state:
(a) May enforce its order that was modified only as to arrears and interest accruing before the modification;
(b) may provide appropriate relief for violations of its order which occurred before the effective date of the modification; and
(c) shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
History:
L. 1994, ch. 301, § 77; L. 2015, ch. 64, § 53; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,613 Jurisdiction to modify child support order of another state when individual parties reside in this state.

23-36,613. Jurisdiction to modify child support order of another state when individual parties reside in this state.
(a) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.
(b) A tribunal of this state exercising jurisdiction under this section shall apply the provisions of parts 1 and 2 of this act, this part and the procedural and substantive law of this state to the proceeding for enforcement or modification. Parts 3, 4, 5, 7 and 8 of this act do not apply.
History:
L. 1997, ch. 182, § 57; L. 2015, ch. 64, § 54; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,614 Notice to issuing tribunal of modification.

23-36,614.
Notice to issuing tribunal of modification.
Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. 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 modified order of the new tribunal having continuing, exclusive jurisdiction.
History:
L. 1997, ch. 182, § 58; July 3.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,615 Jurisdiction to modify child support order of foreign country.

23-36,615. Jurisdiction to modify child support order of foreign country.
(a) Except as otherwise provided in K.S.A. 23-36,711, and amendments thereto, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child support order otherwise required of the individual pursuant to K.S.A. 23-36,611, and amendments thereto, has been given or whether the individual seeking modification is a resident of this state or of the foreign country.
(b) An order issued by a tribunal of this state modifying a foreign child support order pursuant to this section is the controlling order.
History:
L. 2015, ch. 64, § 55; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,616 Procedure to register child support order of foreign country for modification.

23-36,616. Procedure to register child support order of foreign country for modification.
A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the convention may register that order in this state under K.S.A. 23-36,601 through 23-36,608, and amendments thereto, if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification.
History:
L. 2015, ch. 64, § 56; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,701 Definitions.

23-36,701. Definitions.
In this part:
(a) "Application" means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.
(b) "Central authority" means the entity designated by the United States or a foreign country described in K.S.A. 23-36,102(e)(4), and amendments thereto, to perform the functions specified in the convention.
(c) "Convention support order" means a support order of a tribunal of a foreign country described in K.S.A. 23-36,102(e)(4), and amendments thereto.
(d) "Direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor or child residing outside the United States.
(e) "Foreign central authority" means the entity designated by a foreign country described in K.S.A. 23-36,102(e)(4), and amendments thereto, to perform the functions specified in the convention.
(f) "Foreign support agreement":
(1) Means an agreement for support in a record that:
(A) Is enforceable as a support order in the country of origin;
(B) has been:
(i) Formally drawn up or registered as an authentic instrument by a foreign tribunal; or
(ii) authenticated by, or concluded, registered, or filed with a foreign tribunal; and
(C) may be reviewed and modified by a foreign tribunal; and
(2) includes a maintenance arrangement or authentic instrument under the convention.
(g) "United States central authority" means the secretary of the United States department of health and human services.
History:
L. 1994, ch. 301, § 78; L. 2015, ch. 64, § 57; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,702 Applicability.

23-36,702. Applicability.
This part applies only to a support proceeding under the convention. In such a proceeding, if a provision of this part is inconsistent with parts 1 through 6 of this act, this part controls.
History:
L. 2015, ch. 64, § 58; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,703 Relationship of department for children and families to United States central authority.

23-36,703. Relationship of department for children and families to United States central authority.
The department for children and families of this state is recognized as the agency designated by the United States central authority to perform specific functions under the convention.
History:
L. 2015, ch. 64, § 59; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,704 Initiation by department for children and families of support proceeding under convention.

23-36,704. Initiation by department for children and families of support proceeding under convention.
(a) In a support proceeding under this part, the department for children and families of this state shall:
(1) Transmit and receive applications; and
(2) initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.
(b) The following support proceedings are available to an obligee under the convention:
(1) Recognition or recognition and enforcement of a foreign support order;
(2) enforcement of a support order issued or recognized in this state;
(3) establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;
(4) establishment of a support order if recognition of a foreign support order is refused under K.S.A. 23-36,708(b)(2), (4) or (9), and amendments thereto;
(5) modification of a support order of a tribunal of this state; and
(6) modification of a support order of a tribunal of another state or a foreign country.
(c) The following support proceedings are available under the convention to an obligor against which there is an existing support order:
(1) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;
(2) modification of a support order of a tribunal of this state; and
(3) modification of a support order of a tribunal of another state or a foreign country.
(d) A tribunal of this state may not require security, bond or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.
History:
L. 2015, ch. 64, § 60; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,705 Direct request.

23-36,705. Direct request.
(a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.
(b) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, K.S.A. 23-36,706 through 23-36,713, and amendments thereto, apply.
(c) In a direct request for recognition and enforcement of a convention support order or foreign support agreement:
(1) A security, bond or deposit is not required to guarantee the payment of costs and expenses; and
(2) an obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.
(d) A petitioner filing a direct request is not entitled to assistance from the department for children and families.
(e) This part does not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
History:
L. 2015, ch. 64, § 61; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,706 Registration of convention support order.

23-36,706. Registration of convention support order.
(a) Except as otherwise provided in this part, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this state as provided in part 6 of this act.
(b) Notwithstanding K.S.A. 23-36,311 and 23-36,602(a), and amendments thereto, a request for registration of a convention support order must be accompanied by:
(1) A complete text of the support order;
(2) a record stating that the support order is enforceable in the issuing country;
(3) if the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;
(4) a record showing the amount of arrears, if any, and the date the amount was calculated;
(5) a record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and
(6) if necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.
(c) A request for registration of a convention support order may seek recognition and partial enforcement of the order.
(d) A tribunal of this state may vacate the registration of a convention support order without the filing of a contest under K.S.A. 23-36,707, and amendments thereto, only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
(e) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a convention support order.
History:
L. 2015, ch. 64, § 62; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,707 Contest of registered convention support order.

23-36,707. Contest of registered convention support order.
(a) Except as otherwise provided in this part, K.S.A. 23-36,605 through 23-36,608, and amendments thereto, apply to a contest of a registered convention support order.
(b) A party contesting a registered convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration.
(c) If the nonregistering party fails to contest the registered convention support order by the time specified in subsection (b), the order is enforceable.
(d) A contest of a registered convention support order may be based only on grounds set forth in K.S.A. 23-36,708, and amendments thereto. The contesting party bears the burden of proof.
(e) In a contest of a registered convention support order, a tribunal of this state:
(1) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(2) may not review the merits of the order.
(f) A tribunal of this state deciding a contest of a registered convention support order shall promptly notify the parties of its decision.
(g) A challenge or appeal, if any, does not stay the enforcement of a convention support order unless there are exceptional circumstances.
History:
L. 2015, ch. 64, § 63; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,708 Recognition and enforcement of registered convention support order.

23-36,708. Recognition and enforcement of registered convention support order.
(a) Except as otherwise provided in subsection (b), a tribunal of this state shall recognize and enforce a registered convention support order.
(b) The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered convention support order:
(1) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;
(2) the issuing tribunal lacked personal jurisdiction consistent with K.S.A. 23-36,201, and amendments thereto;
(3) the order is not enforceable in the issuing country;
(4) the order was obtained by fraud in connection with a matter of procedure;
(5) a record transmitted in accordance with K.S.A. 23-36,706, and amendments thereto, lacks authenticity or integrity;
(6) a proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed;
(7) the order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this act in this state;
(8) payment, to the extent alleged arrears have been paid in whole or in part;
(9) in a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:
(A) If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or
(B) if the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or
(10) the order was made in violation of K.S.A. 23-36,711, and amendments thereto.
(c) If a tribunal of this state does not recognize a convention support order under subsection (b)(2), (4) or (9):
(1) The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new convention support order; and
(2) the department for children and families shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under K.S.A. 23-36,704, and amendments thereto.
History:
L. 2015, ch. 64, § 64; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,709 Partial enforcement.

23-36,709. Partial enforcement.
If a tribunal of this state does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a convention support order.
History:
L. 2015, ch. 64, § 65; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,710 Foreign support order.

23-36,710. Foreign support order.
(a) Except as otherwise provided in subsections (c) and (d), a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.
(b) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
(1) A complete text of the foreign support agreement; and
(2) a record stating that the foreign support agreement is enforceable as a decision in the issuing country.
(c) A tribunal of this state may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
(d) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds:
(1) Recognition and enforcement of the agreement is manifestly incompatible with public policy;
(2) the agreement was obtained by fraud or falsification;
(3) the agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state or a foreign country if the support order is entitled to recognition and enforcement under this act in this state; or
(4) the record submitted under subsection (b) lacks authenticity or integrity.
(e) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
History:
L. 2015, ch. 64, § 66; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,711 Modification of convention child support order.

23-36,711. Modification of convention child support order.
(a) A tribunal of this state may not modify a convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:
(1) The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
(2) the foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
(b) If a tribunal of this state does not modify a convention child support order because the order is not recognized in this state, K.S.A. 23-36,708(c), and amendments thereto, applies.
History:
L. 2015, ch. 64, § 67; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,712 Personal information; limit on use.

23-36,712. Personal information; limit on use.
Personal information gathered or transmitted under this part may be used only for the purposes for which it was gathered or transmitted.
History:
L. 2015, ch. 64, § 68; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,713 Record in original language; English translation.

23-36,713. Record in original language; English translation.
A record filed with a tribunal of this state under this part must be in the original language and, if not in English, must be accompanied by an English translation.
History:
L. 2015, ch. 64, § 69; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,801 Grounds for rendition.

23-36,801. Grounds for rendition.
(a) For purposes of K.S.A. 23-36,801 and 23-36,802, and amendments thereto, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this act.
(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 of 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; L. 2015, ch. 64, § 70; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,802 Conditions of rendition.

23-36,802. Conditions of rendition.
(a) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this act or that the proceeding would be of no avail.
(b) If, under this act or a law substantially similar to this 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; L. 2015, ch. 64, § 71; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,901 Uniformity of application and construction.

23-36,901. Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
L. 1994, ch. 301, § 81; L. 2015, ch. 64, § 72; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,902 Transitional provision.

23-36,902. Transitional provision.
This act applies to proceedings begun on or after the effective date of this act to establish a support order or determine parentage of a child or to register, recognize, enforce or modify a prior support order, determination or agreement, whenever issued or entered.
History:
L. 1994, ch. 301, § 82; L. 1997, ch. 182, § 60; L. 2015, ch. 64, § 73; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 36 - Family Support Jurisdiction › 23-36,903 Severability clause.

23-36,903.
Severability clause.
If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History:
L. 1994, ch. 301, § 83; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,101 Short title.

23-37,101.
Short title.
(UCCJEA 101). The provisions of K.S.A. 23-37,101 through 23-37,405 may be cited as the uniform child-custody jurisdiction and enforcement act.
History:
L. 2000, ch. 171, § 31; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,103 Proceeding governed by other law.

23-37,103.
Proceeding governed by other law.
(UCCJEA 103). This act does not govern a proceeding pertaining to the authorization of emergency medical care for a child.
History:
L. 2000, ch. 171, § 33; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,104 Application to Indian tribes.

23-37,104.
Application to Indian tribes.
(UCCJEA 104). (a) A child-custody proceeding that pertains to an Indian child as defined in the Indian child welfare act, 25 U.S.C. § 1901 et seq., is not subject to this act to the extent that it is governed by the Indian child welfare act.
(b) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying K.S.A. 23-37,101 through 23-37,210, and amendments thereto.
(c) A child-custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this act must be recognized and enforced under K.S.A. 23-37,301 through 23-37,317, and amendments thereto.
History:
L. 2000, ch. 171, § 34; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,105 International application of act.

23-37,105.
International application of act.
(UCCJEA 105). (a) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying K.S.A. 23-37,101 through 23-37,210, and amendments thereto.
(b) Except as otherwise provided in subsection (c), a child-custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this act must be recognized and enforced under K.S.A. 23-37,301 through 23-37,317, and amendments thereto.
(c) A court of this state need not apply this act if the child custody law of a foreign country violates fundamental principles of human rights.
History:
L. 2000, ch. 171, § 35; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,106 Effect of child-custody determination.

23-37,106.
Effect of child-custody determination.
(UCCJEA 106). A child-custody determination made by a court of this state that had jurisdiction under this act binds all persons who have been served in accordance with the laws of this state or notified in accordance with K.S.A. 23-37,108, and amendments thereto, or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
History:
L. 2000, ch. 171, § 36; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,107 Priority.

23-37,107.
Priority.
(UCCJEA 107). If a question of existence or exercise of jurisdiction under this act is raised in a child-custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.
History:
L. 2000, ch. 171, § 37; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,108 Notice to persons outside state.

23-37,108.
Notice to persons outside state.
(UCCJEA 108). (a) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.
(b) Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made.
(c) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
History:
L. 2000, ch. 171, § 38; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,109 Appearance and limited immunity.

23-37,109.
Appearance and limited immunity.
(UCCJEA 109). (a) A party to a child-custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child-custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding.
(b) A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.
(c) The immunity granted by subsection (a) does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this act committed by an individual while present in this state.
History:
L. 2000, ch. 171, § 39; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,110 Communication between courts.

23-37,110.
Communication between courts.
(UCCJEA 110). (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this act.
(b) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.
(c) Communication between courts on schedules, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication.
(d) Except as otherwise provided in subsection (c), a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record.
(e) For the purposes of this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
History:
L. 2000, ch. 171, § 40; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,111 Taking testimony in another state.

23-37,111.
Taking testimony in another state.
(UCCJEA 111). (a) In addition to other procedures available to a party, a party to a child-custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.
(b) A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
History:
L. 2000, ch. 171, § 41; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,112 Cooperation between courts; preservation of records.

23-37,112.
Cooperation between courts; preservation of records.
(UCCJEA 112). (a) A court of this state may request the appropriate court of another state to:
(1) Hold an evidentiary hearing;
(2) order a person to produce or give evidence pursuant to procedures of that state;
(3) order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;
(4) forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and
(5) order a party to a child-custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.
(b) Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (a).
(c) Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) may be assessed against the parties according to the law of this state.
(d) A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child-custody proceeding until the child attains 18 years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.
History:
L. 2000, ch. 171, § 42; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,201 Initial child-custody jurisdiction.

23-37,201.
Initial child-custody jurisdiction.
(UCCJEA 201). (a) Except as otherwise provided in K.S.A. 23-37,204, and amendments thereto, a court of this state has jurisdiction to make an initial child-custody determination only if:
(1) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;
(2) a court of another state does not have jurisdiction under paragraph (1), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under K.S.A. 23-37,207 or 23-37,208, and amendments thereto, and:
(A) The child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and
(B) substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships;
(3) all courts having jurisdiction under paragraph (1) or (2) have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under K.S.A. 23-37,207 or 23-37,208, and amendments thereto; or
(4) no court of any other state would have jurisdiction under the criteria specified in paragraph (1), (2), or (3).
(b) Subsection (a) is the exclusive jurisdictional basis for making a child-custody determination by a court of this state.
(c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child-custody determination.
History:
L. 2000, ch. 171, § 43; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,202 Exclusive, continuing jurisdiction.

23-37,202.
Exclusive, continuing jurisdiction.
(UCCJEA 202). (a) Except as otherwise provided in K.S.A. 23-37,204, and amendments thereto, a court of this state which has made a child-custody determination consistent with K.S.A. 23-37,201 or 23-37,203, and amendments thereto, has exclusive, continuing jurisdiction over the determination until:
(1) A court of this state determines that neither the child, the child's parents, and any person acting as a parent do not have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships; or
(2) a court of this state or a court of another state determines that the child, the child's parents, and any person acting as a parent do not presently reside in this state.
(b) A court of this state which has made a child-custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under K.S.A. 23-37,201, and amendments thereto.
History:
L. 2000, ch. 171, § 44; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 37 - Uniform Child-custody Jurisdiction And Enforcement Act (uccjea) › 23-37,203 Jurisdiction to modify determination.

23-37,203.
Jurisdiction to modify determination.
(UCCJEA 203). Except as otherwise provided in K.S.A. 23-37,204, and amendments thereto, a court of this state may not modify a child-custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under subsection (a)(1) or (2) of K.S.A. 23-37,201, and amendments thereto, and:
(1) The court of the other state determines it no longer has exclusive, continuing jurisdiction under K.S.A. 23-37,202, and amendments thereto, or that a court of this state would be a more convenient forum under K.S.A. 23-37,207, and amendments thereto; or
(2) a court of this state or a court of the other state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state.
History:
L. 2000, ch. 171, § 45; July 1.