Source or prior law:

(a). G.S. 1868, ch. 80, § 645; L. 1909, ch. 182, § 672; R.S. 1923, 60-1510; L. 1953, ch. 278, § 1.

(b). G.S. 1868, ch. 80, § 646; L. 1870, ch. 87, § 27; L. 1889, ch. 107, § 5; L. 1909, ch. 182, § 673; R.S. 1923, 60-1511; L. 1941, ch. 285, § 1.

(c). G.S. 1868, ch. 80, § 646; L. 1870, ch. 87, § 27; L. 1889, ch. 107, § 5; L. 1909, ch. 182, § 673; R.S. 1923, 60-1511; L. 1941, ch. 285, § 1.

(e). G.S. 1868, ch. 80, § 646; L. 1870, ch. 87, § 27; L. 1889, ch. 107, § 5; L. 1909, ch. 182, § 673; R.S. 1923, 60-1511; L. 1941, ch. 285, § 1.

(f). G.S. 1868, ch. 80, § 644; L. 1889, ch. 107, § 4; L. 1905, ch. 331, § 1; L. 1909, ch. 182, § 669; L. 1919, ch. 236, § 1; R.S. 1923, 60-1507.

(g). G.S. 1868, ch. 80, § 647; L. 1881, ch. 126, § 1; L. 1889, ch. 107, §§ 6, 8; L. 1909, ch. 182, §§ 674, 676; R.S. 1923, 60-1512, 60-1514.

Cross References to Related Sections:

Marriage settlements or contracts, see 23-207.

Release of certain liens on real property resulting from judgments or decrees of divorce, see 60-2204.

Law Review and Bar Journal References:

Study data and statistics at the trial court level prior to enactment of present K.S.A. 60-1610, Dan Hopson, Jr., 11 K.L.R. 107 to 155 (1962).

"Highlights of the Kansas Code of Civil Procedure (1963)," Spencer A. Gard, 2 W.L.J. 199, 203 (1962).

"Divorce and Alimony Under the New Code," Dan Hopson, Jr., 12 K.L.R. 27, 29, 37, 40, 45 (1963).

Survey of family law, John Brand, Jr., and Dan Hopson, Jr., 12 K.L.R. 257, 258, 259, 269, 273 (1963).

Paragraph (c) mentioned in discussing continuance of alimony after death, Kent Smith, 4 W.L.J. 305, 306 (1965).

Note on termination of parental rights, James M. Whittier, 14 K.L.R. 117, 118 (1965).

1963-65 survey of family law, John W. Brand, Jr., and Dan Hopson, Jr., 14 K.L.R. 271, 274, 275, 277, 278, 280, 281, 285 (1965).

Paragraph (a) cited in comment on illegitimacy in Kansas, Donald W. Vasos, 14 K.L.R. 473, 487 (1966).

"Federal Tax Aspects of Divorce," Bruce E. Moore, 35 J.B.A.K. 175, 176, 208 (1966).

The divorce law of Oklahoma similar to and based upon subsection (b) with respect to division of "jointly acquired" property, 37 J.B.A.K. 45 (1968).

"Jurisdiction in Kansas Child Custody Cases," Terry L. Kramer, 8 W.L.J. 48, 54, 56, 57, 58 (1968).

Detailed discussion of paragraphs (a), (c), (d), (f) and prior law in family law survey, Harvey S. Berenson, 17 K.L.R. 349, 362, 364, 365, 368, 369, 373, 376, 377, 385, 386 (1969).

When court has jurisdiction over children who are governed by a custody decree of a sister state, J. Stephen Nyswonger, 11 W.L.J. 305, 306 (1972).

Comment on survival of father's duty under child support decree, Gary L. Lane, 12 W.L.J. 92 (1972).

"Financial and Tax Aspects of Divorce and Separation," Robert A. Hollis, 41 J.B.A.K. 357, 388 (1972).

Subsection (c) discussed in comment concerning alimony termination after a voidable marriage. Myron Hausheer, 12 W.L.J. 391 to 395 (1973).

Comment discussing tax aspects of divorce property settlement, 13 W.L.J. 169, 171, 172 (1974).

"Child Custody—Parent v. Third Party in Kansas," Robert W. Green, 13 W.L.J. 228 (1974).

"Federal Income Tax Implications of Divorce," Larry K. Meeker, 14 W.L.J. 219, 220 (1975).

Note concerning effect of statutory change in age of majority upon parents' duty of support, 23 K.L.R. 181 (1974).

"Women Under the Law: The Pedestal or the Cage?" Louise A. Wheeler, 43 J.B.A.K. 25, 59 (1974).

"Effect of Change in Age of Majority upon Parents' Duty of Support," Grant M. Glenn, 23 K.L.R. 181, 182 (1974).

Survey of family law, Merlin Wheeler, 15 W.L.J. 366, 372 (1976).

Community property in common law jurisdiction, John C. Nodgaard and Harold T. Pickler, 16 W.L.J. 77, 97 (1976).

"Procedure and Defenses Under the Kansas Uniform Reciprocal Enforcement of Support Act of 1970," Jack Peggs, 46 J.B.A.K. 233, 237 (1977).

"Taxation: Taxability of Property Transferred Pursuant to Divorce Decree," Janet Amerine, 18 W.L.J. 397 (1979).

"The Best Interests of the Child in Custody Controversies Between Natural Parents: Interpretations and Trends," Edward L. Barker and Cathryn L. Hamman, 18 W.L.J. 482, 484, 489 (1979).

"Recovery of Attorney Fees in Kansas," Mark A. Furney, 18 W.L.J. 535, 546, 549, 561 (1979).

"Survey of Kansas Law: Family Law," Camilla Klein Haviland, 27 K.L.R. 241 (1979).

"Survey of Kansas Law: Taxation," R. Chris Robe, 27 K.L.R. 313, 314, 317 (1979).

Property settlements in divorce and proposed amendments to K.S.A. 23-201, Keith (Casey) D. Cohen, 47 J.B.A.K. 275, 281 (1978).

"Domestic Relations: Kansas Adopts Automatic Reduction of Child Support," Peggy A. McNeive, 19 W.L.J. 175, 179, 180 (1979).

"Domestic Relations: Modification of Future Alimony Payments Due to Changed Circumstances," Carol Gilliam Green, 20 W.L.J. 66 (1980).

"The Tender Years Doctrine in Kansas Child Custody Cases," John C. Peck, 49 J.K.B.A. 23, 28 (1980).

"Open Meetings Profile: The Prosecutor's View," Bradley J. Smoot and Louis M. Clothier, 20 W.L.J. 241, 285 (1981).

"When is 'Alimony' Not Alimony Under Kansas Law," Patrick J. Regan and Philip J. Erbacher, 20 W.L.J. 495 (1981).

"Joint Custody: A Revolution in Child Custody Law?" Marcy A. Gouge, 20 W.L.J. 326, 329, 334, 335, 339, 341, 342 (1981).

"Uniform Reciprocal Enforcement of Support Act," Carl A. Gallagher, 20 W.L.J. 409, 416 (1981).

"Survey of Kansas Law: Family Law," 29 K.L.R. 511, 515, 516, 517, 521 (1981).

"Parental Rights in Child 'Custody' Disputes Involving Third Parties," Robert E. Keeshan, 2 J.K.T.L.A. No. 2, 9, 12 (1978).

"Domestic Relations Obligations in Bankruptcy," Robert E. Keeshan, 2 J.K.T.L.A. No. 7, 13, 14 (1979).

"1979 Family Law Legislation," H. Reed Walker, 3 J.K.T.L.A. No. 4, 20 (1980).

"The Uniform Child custody Jurisdiction Act," Douglas J. Moshier, 2 J.K.T.L.A. No. 5, 19, 20 (1980).

"Joint Custody and Shared Parenting," Thad E. Nugent, 5 J.K.T.L.A. No. 4, 19 (1982).

"Some Thoughts and Approaches to the New Divorce Code," Thad E. Nugent, 6 J.K.T.L.A. No. 4, 21 (1983).

"Where Will All The Children Go: The New Kansas Preference For Joint Custody," Judith E. Pottorff, 32 K.L.R. 215, 218, 228 (1983).

"Barring the Slayer's Bounty: An Analysis of Kansas' Troubled Experience," John F. Kuether, 23 W.L.J. 494, 513 (1984).

"Surrogate Motherhood: Contractual Issues and Remedies Under Legislative Proposals," David K. Martin, 23 W.L.J. 601, 634 (1984).

"Survey of Kansas Law: Juvenile Law," Sheila Reynolds, 32 K.L.R. 371, 376 (1984).

"Congress Tackles Domestic Relations Issues—A Look at the Changes in Divorce Taxation and Child Support Enforcement," Linda D. Elrod, 53 J.K.B.A. 283 (1984).

"Division of Personal Injury Awards in Divorce," Steve Garlow, Vol. VII, No. 4, J.K.T.L.A. 13 (1984).

"Kansas Enacts New Provisions for Child Support Enforcement—Mandatory Wage Withholding," Yvonne C. Anderson, Richard A. Forster, 25 W.L.J. 91, 92, 112 (1985).

"Keeping the Family Out of Court: Court-Ordered Mediation of Custody Disputes Under the Kansas Statutes," Nancy G. Maxwell, 25 W.L.J. 203, 233, 238 (1986).

"Family Law: Professional Degrees in 1986—Family Sacrifice Equals Family Asset," David R. Mitchell, 25 W.L.J. 276, 291, 292, 293 (1986).

"Division of Non-Marital Property Under Kansas Law," Paul D. Sinclair, 55 J.K.B.A. No. 6, 13 (1986).

"Kansas Child Support Guidelines: An Elusive Search for Fairness in Support Orders," Linda Henry Elrod, 27 W.L.J. 104, 107, 113, 141 (1987).

"Divorces in the Military—More Questions Than Answers," Michael Crow, 12 J.K.T.L.A. No. 1, p. 18 (1988).

"Surrogate Mothers in Kansas," Joanne L. Cronrath, 36 K.L.R. 357, 360, 367 (1988).

"Survey of Kansas Law: Family Law," Nancy G. Maxwell, 37 K.L.R. 801, 806 (1989).

"Calculating Future Income: An Approved Approach For Tort Cases and Military Divorces?" Susan Jacobson, J.K.T.L.A., Vol. XII, No. 6, 4, 5 (1989).

"An Alternative for Grandparents Seeking Custody: Proceedings Under Kansas Code for Care of Children," Michael W. Laster, J.K.T.L.A., Vol. XIII, No. 5, 20, 21 (1990).

"Child Support Judgments in Domestic Matters: Modification of Judgments and Calculation of Arrearage," Dennis Molamphy, XIV J.K.T.L.A. No. 2, 9 (1990).

"Bankruptcy and Divorce in Kansas," J. Scott Pohl and C. J. Wahrman, 29 W.L.J. 551, 562, 579, 587 (1990).

"Admissibility of Evidence of Marital Infidelity After Sommers," Michael Laster, Vol. XIV, No. 5, J.K.T.L.A., 23, 24, 25 (1991).

"Family Law: Divorce—Consideration of Fault in Property Division and Maintenance Decisions [In re Marriage of Sommers, 246 Kan. 652, 792 P.2d 1005 (1990)]," Marti Crow, 30 W.L.J. 525, 533, 534, 535, 536 (1991).

"Family Law: An End to the Parental Preference Doctrine in Parent-Nonparent Custody Disputes? [In re Marriage of Criqui, 14 Kan. App. 2d 672, 798 P.2d 69 (1990)]," Karl N. Hesse, 30 W.L.J. 538, 539, 540, 541, 543, 545 (1991).

"The Capricious Operation of the Kansas Elective Share: Feast or Famine for the Surviving Spouse," John W. Kuether and Willard B. Thompson, 61 J.K.B.A. No. 10, 32, 37 (1992).

"Non-Marital Property in Divorce Fact or Fiction?" Michael W. Laster, J.K.T.L.A. Vol. XVII, No. 2, 19, 20 (1993).

"Family Law: Don't Disobey the Parental Preference Doctrine [In re Guardianship of Williams, 869 P.2d 661 (Kan. 1994)]," R. Todd Ehlert, 34 W.L.J. 118, 127, 128 (1994).

"New Spousal Elective-Share Rights: Leveling the Playing Field," Timothy P. O'Sullivan and Joan M. Bowen, 65 J.K.B.A. No. 2, 18, 19, 26 (1996).

"Challenging the Presumption of Paternity," Sheila Reynolds, 65 J.K.B.A. No. 10, 36 (1996).

"Serving the Child's Best Interest in Custody Disputes Between Natural Parents and Nonparents," Robert E. Keeshan, J.K.T.L.A. Vol. XX, No. 4, 10 (1997).

"Title and Related Considerations in Conveying Kansas Water Rights," John C. Peck, 66 J.K.B.A. No. 9, 38 (1997).

"A Kansas Approach to Custodial Parent Move-Away Cases," Steve Leben and Megan Moriarty, 37 W.L.J. 497 (1998).

"May fault be considered in deciding financial issues in divorce cases?" James P. O'Hara, 67 J.K.B.A. No. 5, 28 (1998).

"May fault be considered in deciding financial issues in divorce cases?" Steve Leben, 67 J.K.B.A. No. 5, 29 (1998).

"Dissolution of Non-Marital Relationships," Charles F. Harris, J.K.T.L.A. Vol. XXII, No. 2, 18 (1998).

"Some issues concerning the property of married persons in Kansas," John C. Peck, 68 J.K.B.A. No. 8, 18 (1999).

"Summary of Revisions Made to Kansas Domestic Relations Laws by House Substitute for Senate Bill 150," Ronald W. Nelson, 69 J.K.B.A. No. 6, 19 (2000).

"Valuation of Marital Assets," S.W. "Woody" Longan and Patricia Lear-Johnson, J.K.T.L.A. Vol. XXIV, No. 2, 8 (2000).

"Common Law Marriage: Civil Contract or 'Carnal Commerce'," Mary D. Feighny, 70 J.K.B.A. No. 4, 20 (2001).

"2001 Legislative Wrap-Up," Paul T. Davis, 70 J.K.B.A. No. 7, 14 (2001).

"When Does Child Support End?" Douglas C. Cranmer, J.K.T.L.A. Vol. XXVI, No. 2, 12 (2002).

"Special Committee on Judiciary Prepares for 2006 Legislative Session," James W. Clark, 74 J.K.B.A. No. 10, 22 (2005).

"Kansas Relocation Cases: In the Best Interest of the Child," Linda D. Elrod, J.K.T.L.A. Vol. 28, No. 4, 13 (2005).

"ADR Process in Kansas Child Custody Cases," David N. Johnson, 75 J.K.B.A. No. 8, 16 (2006).

"Mine, Yours and Ours: Identifying and Dividing Material Property in an Action for Divorce, Seperate Maintenance or Annulment," Douglas C. Cranmer and Jeffrey N. Lowe, 33 J.K.A.J., No. 5, 17 (2010).

Attorney General's Opinions:

Watershed district act; proposed districts; qualified voters. 88-51.

Noncustodial parent is not authorized to obtain treatment for child or receive confidential information about child from mental health center. 91-93.

Divorce and maintenance; orders; sole custody; treatment of child; confidential information. 92-53.

KPERS; Kansas police and firemen's retirement system; disability benefits; procedures and reports; conservators. 92-128.

Administrative procedures; separation of powers doctrine considered. 97-39.

In joint custody arrangement, either parent may authorize therapy for child without knowledge or consent of other parent. 2005-13.

CASE ANNOTATIONS

Prior law cases, see G.S. 1949, 60-1507, 60-1510 through 60-1512, 60-1514 and the 1961 Supp. thereto.

1. Court of original jurisdiction, where father resides, has jurisdiction to modify child support although mother and child are nonresidents. Talbott v. Talbott, 194 Kan. 178, 179, 398 P.2d 358.

2. Trial court has specific jurisdiction to change order. Henderson v. Henderson, 194 Kan. 456, 458, 399 P.2d 877.

3. No fixed rule for deciding what proportion of the husband's estate should be allowed as alimony. Preston v. Preston, 193 Kan. 379, 382, 394 P.2d 43.

4. Court's discretion in division of property cannot be used arbitrarily. Longo v. Longo, 193 Kan. 386, 392, 395 P.2d 302.

5. Where judgment does not fall under G.S. 1949, 60-3007, trial court without jurisdiction to change order. Henderson v. Henderson, 194 Kan. 456, 458, 399 P.2d 877.

6. Common-law marriage may be consummated after expiration of six month's waiting period following divorce. Burnett v. Burnett, 192 Kan. 247, 387 P.2d 195.

7. Discussed; common-law wife after disability removed held legal widow of decedent under K.S.A. 44-508(j). Gillaspie v. Blair Construction Co., 192 Kan. 455, 458, 459, 460, 388 P.2d 647.

8. Decree awarding custody of children not res judicata. Bergen v. Bergen, 195 Kan. 103, 105, 403 P.2d 125.

9. Jurisdiction no longer dependent on child's domicile alone. Lyerla v. Lyerla, 195 Kan. 259, 262, 403 P.2d 989.

10. Alimony may be granted irrespectively of fault; distinguishing G.S. 1949, 60-1511; alimony award in discretion of court. Zeller v. Zeller, 195 Kan. 452, 458, 459, 407 P.2d 478.

11. Division of property considered; G.S. 1949, 60-1511 distinguished. Zeller v. Zeller, 195 Kan. 452, 459, 407 P.2d 478.

12. Section does not authorize order for support of stepchild by stepfather; G.S. 1961 Supp. 60-1510 considered. Zeller v. Zeller, 195 Kan. 452, 454, 455, 456, 407 P.2d 478.

13. Division of property will not be disturbed on appeal unless there is abuse of discretion. Zeller v. Zeller, 195 Kan. 452, 459, 407 P.2d 478.

14. Jurisdiction of court to consider and give custody of child depends upon domicile of child. Small v. Small, 195 Kan. 531, 535, 407 P.2d 491.

15. Cited in action to set aside property settlement. Cramer v. Wohlgemuth, 195 Kan. 622, 624, 625, 408 P.2d 644.

16. Application and purpose of subsection (b); not in conflict with article 15, section 6 of the Kansas constitution or K.S.A. 23-201; abuse of discretion considered. Harrah v. Harrah, 196 Kan. 142, 143, 144, 145, 146, 147, 409 P.2d 1007.

17. Court having dissolved marriage had duty to provide support for children. Friesen v. Friesen, 196 Kan. 319, 321, 410 P.2d 429.

18. Division of property and alimony rests in discretion of trial court; factors which may be considered in division of property and alimony. Saint v. Saint, 196 Kan. 330, 335, 411 P.2d 683.

19. Alimony awarded at discretion of court; alimony may be awarded irrespective of fault; former statute (G.S. 1949, 60-1511) considered. Moran v. Moran, 196 Kan. 380, 385, 386, 411 P.2d 677.

20. Custody of children; judicial discretion. Moran v. Moran, 196 Kan. 380, 387, 411 P.2d 677.

21. Court providing for support of minor child retains jurisdiction to exclusion of court of coordinate jurisdiction. Wheeler v. Wheeler, 196 Kan. 697, 700, 414 P.2d 1.

22. Property division and alimony award approved notwithstanding parties in equal fault. Clugston v. Clugston, 197 Kan. 180, 182, 183, 415 P.2d 226.

23. District court retains jurisdiction of alimony payments which have not become due. Craig v. Craig, 197 Kan. 345, 348, 416 P.2d 297.

24. District court has wide discretion in allowance of attorney fees; fees held excessive. Craig v. Craig, 197 Kan. 345, 349, 416 P.2d 297.

25. No abuse of discretion in denying rights of visitation. Donaldson v. Donaldson, 198 Kan. 111, 112, 422 P.2d 871.

26. Separation settlement subsequently made a part of divorce decree subject to modification hereunder. Tager v. Tager, 199 Kan. 26, 30, 427 P.2d 484.

27. Allowance of attorney fees for defense against modification of judgment rests in discretion of court. Herzmark v. Herzmark, 199 Kan. 48, 51, 58, 427 P.2d 465.

28. Provision for support and education of minor child and modification thereof rests in discretion of trial court. Herzmark v. Herzmark, 199 Kan. 48, 51, 55, 57, 58, 427 P.2d 465.

29. Future support or alimony may be modified on subsequent order of court; effect of remarriage of recipient; division of property payments should not be included with payments for alimony; alimony defined. Herzmark v. Herzmark, 199 Kan. 48, 51, 52, 54, 427 P.2d 465.

30. Absent manifest abuse of discretion, trial court's judgment in divorce case cannot be disturbed on appeal. Brooker v. Brooker, 199 Kan. 783, 785, 433 P.2d 363.

31. Amount and recipient of allowance of attorney fees within discretion of trial court. Brooker v. Brooker, 199 Kan. 783, 786, 433 P.2d 363.

32. Allowance of fees to wife's attorneys in divorce action rests in discretion of court. Wiles v. Wiles, 200 Kan. 574, 576, 438 P.2d 81.

33. Court may grant custody of a child to third party where one parent consents and other parent found to be unfit pursuant to subsection (a); discussion of the term "unfit." Finney v. Finney, 201 Kan. 263, 265, 440 P.2d 608.

34. Mentioned; custody of children to wife, both parents entitled to divorce. Greene v. Greene, 201 Kan. 701, 704, 443 P.2d 263.

35. Court without power to alter property division previously adjudicated in divorce action. Flannery v. Flannery, 203 Kan. 239, 243, 244, 452 P.2d 846.

36. Under subsection (d), any provision in separation agreement providing for custody, support or education of minor children remains subject to control of district court. Tyler v. Tyler, 203 Kan. 565, 572, 575, 455 P.2d 538.

37. Subsection (f) vests trial court with wide discretion in awarding attorney fees. Tyler v. Tyler, 203 Kan. 565, 574, 575, 455 P.2d 538.

38. Division of property rests in discretion of trial court. Folk v. Folk, 203 Kan. 576, 579, 455 P.2d 487.

39. Subsection (c) sets no fixed rule, but merely requires the allowance be fair, just and equitable in light of the circumstances, and absent manifest abuse, will not be disturbed on appeal. Cool v. Cool, 203 Kan. 749, 753, 754, 457 P.2d 60.

40. Subsection (c) mentioned in upholding use of equitable considerations under K.S.A. 72-6776. Unified School District No. 255 v. Unified School District No. 254, 204 Kan. 282, 288, 463 P.2d 499.

41. District court has continuing jurisdiction to change or modify an order made in a divorce action concerning the custody and support of minor children. Thompson v. Thompson, 205 Kan. 630, 631, 470 P.2d 787.

42. Stepfather has no legal duty under this provision to support a stepchild. Thompson v. Thompson, 205 Kan. 630, 633, 470 P.2d 787.

43. Final judgments for alimony and for child support are distinct and separate judgments; payment of one does not result in payment of the other; district court erred in crediting overpayments of child support to unpaid balance of judgment for alimony. Ediger v. Ediger, 206 Kan. 447, 454, 455, 479 P.2d 823.

44. Subsection (a), paragraph (i) cited; case concerning decree of another state. Perrenoud v. Perrenoud, 206 Kan. 559, 576, 480 P.2d 749.

45. Under subsection (c) an allowance to a divorced wife for future support denominated as alimony may be made terminable upon her death or remarriage. Winn v. Winn, 206 Kan. 737, 482 P.2d 16.

46. Cited; no abuse of discretion. Winn v. Winn, 206 Kan. 737, 739, 740, 742, 482 P.2d 16.

47. Subsections (b) and (f) cited in divorce case concerning denial of alimony. Baumgardner v. Baumgardner, 207 Kan. 66, 69, 70, 483 P.2d 1084.

48. Allowance of attorney fees in divorce action to plaintiff-wife where wife capable of paying such fees upheld. Small v. Small, 207 Kan. 506, 508, 485 P.2d 1365.

49. Subsections (b) and (c) cited in divorce case in upholding division of parties' property. Small v. Small, 207 Kan. 506, 508, 509, 485 P.2d 1365.

50. Cited; inclusion of award of temporary support in the judgment held to be error. Marshall v. Marshall, 208 Kan. 63, 67, 490 P.2d 388.

51. Upon remarriage, right to alimony ceases and burden is upon recipient to prove special circumstances justifying continuance of alimony. Beck v. Beck, 208 Kan. 148, 149, 150, 490 P.2d 628.

52. If jurisdictional requirements are met under the statute, court may entertain custody hearing. Miracle v. Miracle, 208 Kan. 168, 177, 490 P.2d 638.

53. Party accepting benefits of divorce decree by remarrying cannot later attack validity thereof. Justus v. Justus, 208 Kan. 879, 495 P.2d 98.

54. Subsections (b), (c) and (d) cited; controlling in divorce action as to division of property; maintenance, separation agreement. Drummond v. Drummond, 209 Kan. 86, 88, 495 P.2d 994.

55. Subsection (c) cited; alimony award held fair, just and equitable as required by statute. Bailey v. Bailey, 209 Kan. 241, 242, 496 P.2d 1371.

56. Subsection (c) cited; decree altered to increase liability for alimony over that originally ordered; reversed. Miller v. Miller, 209 Kan. 290, 291, 496 P.2d 1343.

57. Subsection (c) cited; court has statutory power to modify amounts or conditions of alimony award. Baird v. Baird, 209 Kan. 604, 606, 607, 608, 498 P.2d 83.

58. Subsection (d) cited; separation agreement provided for modification of decree as provided by statute. Baird v. Baird, 209 Kan. 604, 606, 608, 498 P.2d 83.

59. Controlling; trial court erred in refusing to terminate alimony payments awarded but not due. Wright v. Wright, 209 Kan. 628, 629, 630, 631, 498 P.2d 80.

60. Alimony now obtainable in connection with annulment. Dodd v. Dodd, 210 Kan. 50, 54, 55, 499 P.2d 518.

61. Alimony settled by agreement not subject to modification by court; when. Dodd v. Dodd, 210 Kan. 50, 54, 55, 499 P.2d 518.

62. Provision of statute that alimony may be granted cited as controlling. Childers v. Childers, 210 Kan. 105, 499 P.2d 1062.

63. Subsection (c) authorizes court to modify amounts of alimony originally awarded unless payments have already become due under terms of the judgment. Blair v. Blair, 210 Kan. 156, 157, 499 P.2d 546.

64. Alimony and child support obligations do not survive death of husband absent clear intent in separation agreement. In re Estate of Sweeney, 210 Kan. 216, 217, 222, 223, 224, 225, 229, 499 P.2d 56.

65. Custody decree may be modified when justified; fitness of parent. Irwin v. Irwin, 211 Kan. 1, 6, 505 P.2d 634.

66. Custody awarded to father without determination mother was unfit did not evidence abuse of discretion; welfare of child paramount. Moudy v. Moudy, 211 Kan. 213, 505 P.2d 764.

67. Subsections (a), (c) and (f) applied in upholding allowances for alimony and attorney fees and setting aside custody order and grossly inequitable property division. St. Clair v. St. Clair, 211 Kan. 468, 498, 499, 500, 507 P.2d 206.

68. Subsection (a) construed; district court had power to restore parental rights, while it had jurisdiction over minor children. Bandel v. Pettibone, 211 Kan. 672, 673, 674, 675, 676, 677, 508 P.2d 487.

69. Former section (K.S.A. 60-1510) mentioned; contractual support provisions enforceable as part of judgment. Clark v. Chipman, 212 Kan. 259, 267, 510 P.2d 1257.

70. Installment of lump sum alimony award from separation agreement not cancelled by remarriage in absence of agreement. Cheek v. Kelley, 212 Kan. 820, 512 P.2d 355.

71. Subsection (a) cited; when parent does not desire to retain custody, finding of unfitness not prerequisite to awarding custody to nonparent. Basinger v. Basinger, 213 Kan. 215, 216, 515 P.2d 1102.

72. Subsection (c) cited; sum awarded as alimony not unduly excessive; no abuse of discretion. Gill v. Gill, 213 Kan. 227, 515, P.2d 1080.

73. Subsection (a) contemplates care during minority; legislature may alter minority period; child has no vested right in future child support. Jungjohann v. Jungjohann, 213 Kan. 329, 334, 335, 516 P.2d 904.

74. Public employees retirement system funds due and owing may be reached for member's child support obligations. Mahone v. Mahone, 213 Kan. 346, 349, 517 P.2d 131.

75. Subsection (a) cited; where child support to continue until majority, obligation terminates when child eighteen; exceptions. Rice v. Rice, 213 Kan. 800, 802, 804, 518 P.2d 477.

76. Trial court did not err in rulings and findings in divorce action; no abuse of discretion. McLaren v. McLaren, 214 Kan. 217, 219, 221, 519 P.2d 720.

77. Subsections (b) and (c) construed; modification of alimony upon remarriage; division of property not modifiable. Wallace v. Wallace, 214 Kan. 344, 346, 520 P.2d 1221.

78. Applied, child custody case; jurisdiction of court upheld; no abuse of discretion. Anderson v. Anderson, 214 Kan. 387, 392, 520 P.2d 1239.

79. Referred to in upholding termination of parental rights under K.S.A. 38-824; hearsay evidence harmless. In re Johnson, 214 Kan. 780, 783, 522 P.2d 330.

80. Construed and applied; property division in court decree modified; source of marital property considered. Almquist v. Almquist, 214 Kan. 788, 791, 522 P.2d 383.

81. Division of property without hearing evidence; K.S.A. 60-405 and 60-243 applied; just and reasonable judgment. Salem v. Salem, 214 Kan. 828, 832, 833, 522 P.2d 336.

82. Erroneous statement of law by trial court did not affect validity of judgment otherwise just and reasonable. Salem v. Salem, 214 Kan. 828, 832, 833, 522 P.2d 336.

83. Denial of motion to increase child support and to modify property division decree sustained. Ostrander v. Ostrander, 214 Kan. 859, 522 P.2d 183.

84. Contents noted; finding of incompatibility as divorce grounds upheld; no abuse of discretion. Berry v. Berry, 215 Kan. 47, 53, 523 P.2d 342.

85. Where custody issue between parents, primary question is what best serves interests and welfare of children. Patton v. Patton, 215 Kan. 377, 524 P.2d 709.

86. Subsection (b) construed and applied; factors considered in determining reasonable division of property; no abuse of discretion. LaRue v. LaRue, 216 Kan. 242, 249, 531 P.2d 84.

87. Subsections (b) and (c) applied; right of wife to receive share of property upon divorce; wholly within discretion of trial court. Wiles v. C.I.R., 499 F.2d 255, 256, 257.

88. No abuse of discretion in allowance of attorney's fees; appeal from order granting default judgment. Baker v. Baker, 217 Kan. 319, 321, 537 P.2d 171.

89. No abuse of discretion in awarding custody of child or in rejection of motion for change of such order. Schreiner v. Schreiner, 217 Kan. 337, 537 P.2d 165.

90. Unqualified social security disability payments for benefit of minor children constituted satisfaction for child support obligations. Andler v. Andler, 217 Kan. 538, 538 P.2d 649.

91. Substantial evidence of change of circumstances justifying discontinuance of alimony; statute constitutional. Carlton v. Carlton, 217 Kan. 681, 682, 538 P.2d 727.

92. Paragraph (d) applied; motion to modify or vacate alimony payments made under mutual agreement dismissed. Curtis v. Curtis, 218 Kan. 130, 131, 542 P.2d 330.

93. Separation agreement incorporated in divorce decree became judgment enforceable by garnishment. Fiske v. Fiske, 218 Kan. 132, 134, 542 P.2d 284.

94. Subsection (c) discussed; order modifying alimony award supported by substantial competent evidence. Jarvis v. Jarvis, 218 Kan. 679, 680, 683, 544 P.2d 1384.

95. Subsection (d) applied; settlement agreement not subject to subsequent modification; alimony payments ceased with death of former husband. Kendall v. Kendall, 218 Kan. 713, 718, 545 P.2d 346.

96. Subsection (c) cited; authority for alimony to be based on percentage of earnings. Johnson v. Johnson, 219 Kan. 190, 192, 195, 547 P.2d 360.

97. Divorce granted for incompatibility; division of property and award of alimony upheld. Williams v. Williams, 219 Kan. 303, 305, 548 P.2d 303.

98. Applied; antenuptial agreement encouraged separation or divorce; unenforceable and void. Ranney v. Ranney, 219 Kan. 428, 430, 548 P.2d 734.

99. Decree based on oral agreement not subject to future modification. Rice v. Rice, 219 Kan. 569, 572, 573, 549 P.2d 555.

100. No abuse of discretion in custody award, division of property or refusal of alimony. Parish v. Parish, 220 Kan. 131, 133, 134, 551 P.2d 792.

101. Trial courts' finding of failure to show common law marriage sustained; hearing denied on custody of child. Driscoll v. Driscoll, 220 Kan. 225, 228, 552 P.2d 629.

102. Applied; judgment with respect to child support order remanded with instructions for further determination of facts. Strecker v. Wilkinson, 220 Kan. 292, 295, 552 P.2d 979.

103. Authority of court to consider former wife's action in holding herself out as wife of another although common law marriage not established (dissenting opinion). Fleming v. Fleming, 221 Kan. 290, 295, 559 P.2d 329.

104. Applied; denial of motion to modify alimony award upheld. Spaulding v. Spaulding, 221 Kan. 574, 576, 561 P.2d 420.

105. Fees based on divorce action; not collateral proceedings. Scimeca v. Scimeca, 1 Kan. App. 2d 70, 72, 73, 561 P.2d 904.

106. Fee-simple title not vested in parties in a proceeding for separate maintenance. Linson v. Johnson, Executrix, 1 Kan. App. 2d 155, 157, 159, 160, 563 P.2d 485. Affirmed: 223 Kan. 442, 443, 444, 445, 575 P.2d 504.

107. Section applied; compared to K.S.A. 60-260. Besse v. Besse, 1 Kan. App. 2d 217, 220, 563 P.2d 518.

108. Doctrine of res judicata applied; no distinction between Missouri "irretrievably broken marriage" and "incompatibility," in Kansas. Lillis v. Lillis, 1 Kan. App. 2d 164, 167, 563 P.2d 492.

109. Jurisdiction in rem; no jurisdiction to grant noncustodial parent visitation rights. Lillis v. Lillis,1 Kan. App. 2d 164, 166, 563 P.2d 492.

110. Assertion that agreement releasing parent from contributing to support approved by court invalid represented collateral attack; impermissible. Harder v. Towns, 1 Kan. App. 2d 667, 668, 573 P.2d 625.

111. Court lacked authority to modify separation agreement entered into by parties; no denial of due process. Rasure v. Wright, 1 Kan. App. 2d 699, 700, 701, 702, 573 P.2d 1103.

112. Rights of father of illegitimate child determined; K.S.A. 59-2102 construed and applied; held constitutional. In re Lathrop, 2 Kan. App. 2d 90, 93, 575 P.2d 894.

113. Section misapplied; jurisdiction under K.S.A. 60-308. Varney v. Varney, 222 Kan. 700, 702, 703, 567 P.2d 876.

114. Order allowing attorney fees reversed and remanded for further proceedings. Santee v. North, 223 Kan. 171, 574 P.2d 191.

115. Construed; lack of specificity and clear showing of intent in separate maintenance decree to terminate inheritance property rights. Linson v. Johnson, Executrix, 223 Kan. 442, 443, 444, 445, 575 P.2d 504.

116. Finding change in custody was for best interests of children upheld; no abuse of discretion. Simmons v. Simmons, 223 Kan. 639, 642, 576 P.2d 589.

117. Subsection (a) applied in determining that K.S.A. 38-1106 not violative of equal protection clauses of federal and state constitutions. State, ex rel. Wingard v. Sill, 223 Kan. 661, 662, 663, 665, 576 P.2d 620.

118. Subsection (c) construed; filing of a divorce creates species of co-ownership in property held in name of one spouse. Cady v. Cady, 224 Kan. 339, 581 P.2d 358.

119. Child support for more than one child paid as a fixed sum and court does not specify amount per child, award is divided proportionately. Brady v. Brady, 225 Kan. 485, 489, 490, 491, 494, 592 P.2d 865.

120. Marriage held void; order for continuation of alimony award upheld. Johnston v. Johnston, 3 Kan. App. 2d 208, 592 P.2d 132.

121. District court originally entering child support order under subsection (a) retains exclusive jurisdiction with respect to other courts of coordinate jurisdiction. Nixon v. Nixon, 226 Kan. 218, 220, 221, 596 P.2d 1238.

122. Section not subject to constitutional challenge in habeas corpus action involving child custody. Beebe v. Chavez, 226 Kan. 591, 597, 598, 602 P.2d 1279.

123. Jurisdictional parameters prescribed hereunder do not preclude action against parent for child support based upon common law duty to support a child. Keller v. Guernsey, 227 Kan. 480, 484, 485, 487, 488, 608 P.2d 896.

124. In child custody modification case when allowing attorney fees, trial judge must consider the need of one party, weighed against financial ability of the other to pay; trial court abused its discretion. Dunn v. Dunn, 3 Kan. App. 2d 347, 350, 595 P.2d 349.

125. Division of all property individually or jointly held and award of attorney fees are matters of discretion with trial court. Neis v. Neis, 3 Kan. App. 2d 589, 594, 599 P.2d 305.

126. Court may modify divorce decree and settlement agreement by granting relief from final judgment under K.S.A. 60-260(b). Richardson v. Richardson, 3 Kan. App. 2d 610, 612, 599 P.2d 320.

127. Mentioned; rights of one parent may be severed under juvenile code even though both parents of deprived child are living. In re Wheeler, 3 Kan. App. 2d 701, 601 P.2d 15.

128. Subsection (a) cited; right of action for reimbursement from noncontributing parent belongs to the parent who provided the support, not to the adult child. Stapel v. Stapel, 4 Kan. App. 2d 19, 20, 601 P.2d 1176.

129. Subsection (d) construed; modification of alimony payments by increasing them, but not above the amount set in original decree, authorized by statute. Carlson v. Carlson, 4 Kan. App. 2d 63, 64, 67, 602 P.2d 549.

130. Subsections (d) and (e) cited; matters settled by a contractual separation agreement not modifiable except as the agreement provides or parties thereto consent. Alley v. Alley, 4 Kan. App. 2d 109, 110, 111, 603 P.2d 215.

131. Cited in discussing the different purposes of this section and K.S.A. 23-201. Wachholz v. Wachholz, 4 Kan. App. 2d 161, 162, 164, 603 P.2d 647.

132. If separation agreement is not just and equitable as required by subsection (e), court is free to reject or adjust the agreement before final judgment is entered, merging agreement with decree. Lewis v. Lewis, 4 Kan. App. 2d 165, 166, 167, 603 P.2d 650.

133. Balance of lump sum alimony award payable in installments which became due before remarriage of recipient not subject to modification or termination. Grundy v. Grundy, 4 Kan. App. 2d 302, 304, 605 P.2d 162.

134. In separate maintenance suit, claim for support or alimony cannot be sought after death of one of parties; duty to support ends with death. Davis v. Nelson, 227 Kan. 789, 793, 610 P.2d 587.

135. Fitness of parent not an issue in determining whether the parent's consent to adoption is required. In re Adoption of Wilson, 227 Kan. 803, 806, 610 P.2d 598.

136. California court had continuing jurisdiction over custody matter involving minor children. Johnson v. Melback, 5 Kan. App. 2d 69, 72, 612 P.2d 188.

137. Spouse entitled to equitable portion of all property owned by parties; error to limit award to increase in value of property during marriage. Smith v. Smith, 5 Kan. App. 2d 117, 119, 120, 612 P.2d 1257.

138. Child custody; jurisdiction of court in subsequent action; application of K.S.A. 38-1303 and this section considered; exercise of jurisdiction under inconvenient forum provisions of K.S.A. 38-1307 discretionary. Larsen v. Larsen, 5 Kan. App. 2d 284, 286, 293, 294, 615 P.2d 806.

139. Post-divorce agreement increasing alimony beyond that in decree upheld; duress by threats re visitation privileges discussed. Libel v. Libel, 5 Kan. App. 2d 367, 368, 616 P.2d 306.

140. Trial court did not err in reopening earlier default proceeding; change of circumstance rule must yield to best interest of child guideline. Hill v. Hill, 228 Kan. 680, 620 P.2d 1114.

141. Court may modify alimony award at any time, even if appeal pending. Martin v. Martin, 5 Kan. App. 2d 670, 672, 677, 623 P.2d 527.

142. Subsection (b)(1) does not abolish tender years doctrine; court not prohibited from considering benefits of maternal care in awarding custody. Grubbs v. Grubbs, 5 Kan. App. 2d 694, 695, 696, 623 P.2d 546.

143. Statute one exception to general rule that attorney fees depend upon contract of employment. Quesenbury v. Wichita Coca Cola Bottling Co., 229 Kan. 501, 502, 625 P.2d 1129.

144. Restoration of the wife's maiden or former name, upon her request, is mandatory. May v. May, 6 Kan. App. 2d 24, 25, 626 P.2d 801.

145. Considered in construing amendments to K.S.A. 23-201; property subject to division in divorce proceeding. Redmond v. Redmond, 229 Kan. 565, 629 P.2d 142 (1981).

146. Separation agreement in contemplation of divorce; death of husband prevented divorce but contract was executed and property divided; contract valid without court's approval. In re Estate of Loughmiller, 229 Kan. 584, 591, 592, 629 P.2d 156 (1981).

147. Court may reduce child support payments when it has jurisdiction over parties and subject matter. Dipman v. Dipman, 6 Kan. App. 2d 844, 845, 635 P.2d 1279 (1981).

148. Decree awarding child custody res judicata as to facts existing at time; court may, at later date, enter order which could have been made at initial hearing. Rosenberg v. Rosenberg, 6 Kan. App. 2d 882, 883, 884, 636 P.2d 200 (1981).

149. In divorce action, agreement by one party to pay debts constitutes judgment in favor of the other party. Long v. Brooks, 6 Kan. App. 2d 963, 965, 636 P.2d 242 (1981).

150. Decision of Brady v. Brady (225 Kan. 485, 491, 592 P.2d 865) extended to terminate obligation of child support on adoption. Kraus v. Kraus, 6 Kan. App. 2d 979, 981, 637 P.2d 429 (1981).

151. Cited in holding one spouse may not sue the other for torts occurring during marriage. Guffy v. Guffy, 230 Kan. 89, 95, 631 P.2d 646 (1981).

152. Unconstitutional to allow award of child custody to nonparents unless parents found unfit. Sheppard v. Sheppard, 230 Kan. 146, 147, 148, 149, 153, 154, 155, 630 P.2d 1121 (1981).

153. Trial court abused discretion finding the parties' settlement agreement valid, just and equitable; wife produced evidence of pressure. Cook v. Cook, 7 Kan. App. 2d 179, 183, 184, 185, 638 P.2d 980 (1982).

154. Severance of parental rights invalid; lack of adequate notice and relief granted by default not requested in pleadings. Sweetser v. Sweetser, 7 Kan. App. 2d 463, 465, 466, 643 P.2d 1150 (1982).

155. Allowance of costs, attorney fees or other expenses incurred on appeal is within the exclusive jurisdiction of state appellate court. Olsen v. Olsen, 7 Kan. App. 2d 472, 473, 474, 643 P.2d 1153 (1982).

156. Emancipation of a minor and commitment of a child as ward of state are not sufficient to justify automatic termination of obligation of support by parents. Patrzykont v. Patrzykont, 7 Kan. App. 2d 533, 534, 536, 644 P.2d 1009 (1982).

157. Federal law precludes division of military retirement pay in property settlement. Gronquist v. Gronquist, 7 Kan. App. 2d 583, 584, 585, 644 P.2d 916 (1982).

158. Examination made by judge of property settlement held not to be abuse of discretion. Cook v. Cook, 231 Kan. 391, 393, 646 P.2d 464 (1982).

159. Discretion vested in district court in determining division of property, alimony and attorney fees; "good will" value not subject to division; judgment form corrected by journal entry; time for appeal. Powell v. Powell, 231 Kan. 456, 459, 460, 463, 464, 465, 648 P.2d 218 (1982).

160. Court under duty to divide marital property in a just and reasonable manner; case remanded to consider tax consequences of award. Bohl v. Bohl, 232 Kan. 557, 561, 657 P.2d 1106 (1983).

161. Award to debtor's ex-wife of attorney fees in divorce dischargeable; held not alimony or maintenance. In Re King, 15 B.R. 127, 129 (1981).

162. Judgment for attorney fees payable by debtor to wife's attorney was nondischargeable as support. In re Cowley, 35 B.R. 520, 521, 524 (1983).

163. Judgment for attorney fees where wife in financial need was nondischargeable as support. In re Benz, 36 B.R. 491, 494 (1983).

164. Divorce decree created lien on marital property awarded to defendant and later claimed as homestead. Bohl v. Bohl, 234 Kan. 227, 231, 670 P.2d 1344 (1983).

165. Division of property not arbitrary, fanciful or unreasonable; no showing tax consequences ignored. Reich v. Reich, 235 Kan. 339, 341, 343, 680 P.2d 545 (1984).

166. Division of property; military retirement pay considered. Grant v. Grant, 9 Kan. App. 2d 671, 672, 677, 685 P.2d 327 (1984).

167. Where decree provides unallocated sum (family support and alimony) by agreement, amount not reduced when one child reaches majority. Carey v. Carey, 9 Kan. App. 2d 779, 781, 689 P.2d 917 (1984).

168. Court not asked to find parent unfit under (a) (4) (D) but only probable cause to believe so; order appealable. Tindell v. Tindell, 10 Kan. App. 2d 34, 35, 36, 690 P.2d 965 (1984).

169. Settlement agreement incorporated into decree retains effect as contract; may be sued upon separately. Oehme v. Oehme, 10 Kan. App. 2d 73, 75, 691 P.2d 1325 (1984).

170. Relief available under K.S.A. 60-260(b) where facts existing at time of decree would have created different result if known by court. In re Marriage of Hunt, 10 Kan. App. 2d 254, 259, 697 P.2d 80 (1985).

171. Recovery of support under K.S.A. 39-718a and 39-755 constitutional; absent parent may assert defenses before judgment. State ex rel. Secretary of SRS v. Castro, 235 Kan. 704, 713, 714, 684 P.2d 379 (1984).

172. Paragraph (a)(1) contemplates use of funds for support rather than reimbursement for past deficiencies. Dallas v. Dallas, 236 Kan. 92, 95, 689 P.2d 787 (1984).

173. Cited in holding trial court had not abused discretion in refusing to award alimony; property division thoroughly examined. Clark v. Clark, 236 Kan. 703, 709, 696 P.2d 1386 (1985).

174. No longer necessary to demonstrate change in circumstances for child support award when issue not previously litigated. Stovall v. Stovall, 10 Kan. App. 2d 521, 522, 707 P.2d 1082 (1985).

175. Cited; in view of state concern for welfare of children, legitimate public interest in parent's psychiatric history exists. Werner v. Kliewer, 238 Kan. 289, 296, 710 P.2d 1250 (1985).

176. Cited; unwed parent has same custody rights as any other parent; best interests of child still controlling issue. LaGrone v. LaGrone, 238 Kan. 630, 633, 713 P.2d 474 (1986).

177. Cited in holding K.S.A. 23-106 permits either parent, noncustodial or custodial, to give consent to minor child's marriage. Yoder v. Yoder, 11 Kan. App. 2d 330, 333, 721 P.2d 294 (1986).

178. Cited; K.S.A. 20-1204a may be used to enforce past-due court-ordered child support installments after children reach majority. Crumpacker v. Crumpacker, 239 Kan. 183, 185, 718 P.2d 295 (1986).

179. Property settlement agreement in decree not modified where extramarital cohabitation not precluded; forced sale of home not authorized. In re Marriage of Arndt, 239 Kan. 355, 357, 719 P.2d 1236 (1986).

180. Until division parties' property not subject to lien or execution on judgment obtained against one spouse during pendency of divorce action. In re Marriage of Smith, 241 Kan. 249, 251, 252, 255, 256, 737 P.2d 469 (1987).

181. Legislature intended 1982 amendment to operate prospectively. Lambright v. Lambright, 12 Kan. App. 2d 211, 740 P.2d 92 (1987).

182. Cited; relationship between URESA child support order (K.S.A. 23-451 et seq.) and prior divorce decree child support award examined. Wornkey v. Wornkey, 12 Kan. App. 2d 506, 510, 749 P.2d 1045 (1988).

183. Cited; authority to establish child support despite payment incorporated in decree not allocating between alimony and child support examined. Beard v. Beard, 12 Kan. App. 2d 540, 750 P.2d 1059 (1988).

184. Court lacks jurisdiction to modify alimony in separation agreement incorporated in decree except as agreement provides or parties' consent. Bair v. Bair, 242 Kan. 629, 634, 750 P.2d 994 (1988).

185. Section (b)(4) does not authorize court to enter judgment for costs and attorney fees against attorney's client. In re Marriage of Marks, 13 Kan. App. 2d 1, 3, 758 P.2d 257 (1988).

186. Cited; evidence justifying a finding of material change in circumstances examined. In re Marriage of Talkington, 13 Kan. App. 2d 89, 93, 762 P.2d 843 (1988).

187. Support orders before July 1, 1986, automatically extended while child in school until June 1 of school year the child reaches 18 years of age. Hill v. Hill, 13 Kan. App. 2d 107, 109, 763 P.2d 640 (1988).

188. Assets arising from personal injury settlement are subject to division in divorce case. In re Marriage of Powell, 13 Kan. App. 2d 174, 180, 766 P.2d 827 (1989).

189. Where divorce decree ineffective because of death of party before journal entry filed also renders ineffective agreement incorporated therein. In re Marriage of Wilson, 13 Kan. App. 2d 291, 294, 768 P.2d 835 (1989).

190. Nonavoidance of former spouse's lien acquired in divorce decree examined. In re Maus, 48 B.R. 948, 951 (1985).

191. Common-law and statutory duty to support, subject matter jurisdiction, comity, full faith and credit examined. Boyce v. Boyce, 13 Kan. App. 2d 585, 773 P.2d 688 (1989).

192. Statute inapplicable to actions filed pursuant to Kansas parentage act (K.S.A. 38-1110 et seq.). State ex rel. Dix v. Plank, 14 Kan. App. 2d 12, 13, 780 P.2d 171 (1989).

193. Where child support extends by agreement beyond majority, trial court has no jurisdiction to modify after age 18 years. Morrison v. Morrison, 14 Kan. App. 2d 56, 60, 61, 781 P.2d 745 (1989).

194. Evidence of conduct prior to divorce, confidential communications outweighed by childrens' best interests in visitation proceedings examined. In re Marriage of Kiister, 245 Kan. 199, 202, 777 P.2d 272 (1989).

195. Equitable lien, nondischargeable in bankruptcy, imposed where homestead was source of funds for property settlement. In re Borman, 886 F.2d 273 (1989).

196. Parent transferring legal custody of child cannot reclaim custody absent showing it will materially promote the child's welfare. In re Marriage of Cirqui, 14 Kan. App. 2d 672, 675, 798 P.2d 69 (1990).

197. Retirement benefits from U.S. Postal Service construed as marital property (K.S.A. 23-201) to be considered in property award. In re Marriage of Sommers, 246 Kan. 652, 658, 792 P.2d 1005 (1990).

198. Trial court has no authority to award past support nor enforce army regulation by order in divorce proceeding. In re Marriage of Brown, 247 Kan. 152, 795 P.2d 375 (1990).

199. Change of beneficiary of life insurance policy prohibited by restraining order issued after petition for divorce. Willoughby v. Willoughby, 758 F. Supp. 646, 648, 649 (1990).

200. Cited by dissent in disputing majority ruling re K.S.A. 40-256 for attorney fees for appellate work be decided by trial court. Evans v. Provident Life & Accident Ins. Co., 249 Kan. 248, 269, 815 P.2d 550 (1991).

201. Cited in holding that while division of lump-sum social security disability award prohibited in property settlement, value may be considered. In re Marriage of Knipp, 15 Kan. App. 2d 494, 496, 809 P.2d 562 (1991).

202. Proper procedure for attorney who has obtained judgment for attorney fees against the opposing party in a divorce action examined. In re Marriage of Nice, 15 Kan. App. 2d 717, 815 P.2d 124 (1991).

203. Ample authority from legislative grant of power to award child care costs notwithstanding provisions of the guidelines. In re Marriage of McNeely, 15 Kan. App. 2d 762, 768, 815 P.2d 1125 (1991).

204. Court did not abuse its discretion as to future earning capacity. In re Marriage of Sadecki, 250 Kan. 5, 7, 13, 825 P.2d 108 (1992).

205. Child support provisions included in property or settlement agreement not binding; facts justifying modification examined. In re Marriage of Soden, 251 Kan. 225, 238, 834 P.2d 358 (1992).

206. Historical form of "doctrine of necessaries," while unconstitutional, expanded to apply to husbands and wives equally. St. Francis Regional Med. Center, Inc. v. Bowles, 251 Kan. 334, 339, 836 P.2d 1123 (1992).

207. Cited in holding trial court's journal entry constituted consent decree between parties and was final order even though jurisdiction retained. Steele v. Guardianship & Conservatorship of Crist, 251 Kan. 712, 720, 840 P.2d 1107 (1992).

208. Consideration of maintenance allowed prior to property division, municipal pension is marital property. In re Marriage of Sedbrook, 16 Kan. App. 2d 668, 671, 675, 676, 681, 682, 685, 827 P.2d 1222 (1992).

209. Spousal maintenance exceeding 121 months void as a matter of law; no acquiescence in void judgment; postdivorce modifications examined. In re Marriage of Cline, 17 Kan. App. 2d 230, 234, 235, 840 P.2d 1198 (1992).

210. Absent supreme court guidelines, trial court may refuse to restore nonmarital property or credit gifts acquired during marriage. In re Marriage of Schwien, 17 Kan. App. 2d 498, 504, 505, 839 P.2d 541 (1992).

211. Failure to provide for termination of maintenance in decree not error; petition filing date is valuation date under facts. In re Marriage of Cray, 18 Kan. App. 2d 15, 17, 19, 29, 30, 846 P.2d 944 (1993).

212. Whether section specifies a particular date for valuation of marital assets for division of property purposes examined. In re Marriage of Cray, 254 Kan. 376, 380, 381, 383, 384, 867 P.2d 291 (1994).

213. Whether parental preference doctrine applies to parent transferring legal custody of child wanting to reclaim custody examined. In re Guardianship of Williams, 254 Kan. 814, 820, 869 P.2d 661 (1994).

214. Whether court was unreasonable to disabled spouse when it divided marital property evenly between spouses examined. In re Marriage of Callaghan, 19 Kan. App. 2d 335, 339, 869 P.2d 240 (1994).

215. Whether sua sponte custody change without specific finding of change of circumstances error; procedures for ex parte discussions between court and child discussed. Dickison v. Dickison, 19 Kan. App. 2d 633, 638, 874 P.2d 695 (1994).

216. Whether obligor's voluntary termination to accept lower paid employment is material change of circumstance for computing child support examined. In re Marriage of Case, 19 Kan. App. 2d 883, 889, 879 P.2d 632 (1994).

217. Whether the UCCJA (K.S.A. 38-1301 et seq.) is applicable to an initial determination of child custody in divorce proceeding under section examined. In re Marriage of Harris, 20 Kan. App. 2d 50, 52, 883 P.2d 785 (1994).

218. Whether court abused discretion by awarding wife half of the value of husband's life estate in property examined. In re Marriage of Wade, 20 Kan. App. 2d 159, 167, 884 P.2d 736 (1994).

219. Whether municipal judge has authority to order defendant to reimburse city for appointed counsel examined. City of Dodge City v. Anderson, 20 Kan. App. 2d 272, 274, 886 P.2d 901 (1994).

220. Whether an award of maintenance may be modified only upon a finding of changed circumstances examined. In re Marriage of Vargas, 20 Kan. App. 2d 480, 485, 891 P.2d 462 (1994).

221. Whether compensating lien granted to former husband in homestead could be avoided pursuant to bankruptcy lien avoidance provision examined. In re Hilt, 175 B.R. 747, 749 (1994).

222. Whether lien could attach where taxpayer had no rights to marital property when IRS made assessment examined. Gardner v. U.S., 34 F.3d 985, 987 (1994).

223. Noted in discussion of circumstances under which motion to modify maintenance agreement may be granted. In re Marriage of Larson, 257 Kan. 456, 466, 894 P.2d 809 (1995).

224. When maintenance payments automatically cease upon payee's remarriage discussed. In re Marriage of Quint, 258 Kan. 666, 667, 669, 907 P.2d 818 (1995).

225. Standard of review for contested educational placement of minor child where joint custody order in effect discussed. In re Marriage of Debenham, 21 Kan. App. 2d 121, 122, 896 P.2d 1098 (1995).

226. When joinder of a third-party nonparent is required under the uniform child custody jurisdiction act (K.S.A. 38-1301 et seq.) examined. In re Marriage of Osborne, 21 Kan. App. 2d 374, 378, 901 P.2d 12 (1995).

227. Trial court has authority to continue child support through school year during which child becomes 19. In re Marriage of Bunting, 259 Kan. 404, 409, 912 P.2d 165 (1996).

228. Trial court's increase of maintenance pursuant to automatic escalator clause upheld. In re Marriage of Monslow, 259 Kan. 412, 413, 416, 427, 912 P.2d 735 (1996).

229. Use of automatic escalator clause in awarding maintenance is not statutorily prohibited; patent qualifies as marital property. In re Marriage of Monslow, 21 Kan. App. 2d 386, 387, 900 P.2d 249 (1995).

230. Trial court may not create a new child support obligation pursuant to subparagraph (a)(1)(C). In re Marriage of Bunting, 21 Kan. App. 2d 450, 451, 900 P.2d 862 (1995).

231. Trial court ruling that wife's employment a significant change in circumstances for maintenance purposes not an abuse of discretion. In re Marriage of Hedrick, 21 Kan. App. 2d 964, 968, 911 P.2d 192 (1996).

232. Trial court did not abuse discretion by changing residental custody because mother's smoking harmed childrens' health. In re Marriage of Aubuchon, 22 Kan. App. 2d 181, 182, 913 P.2d 221 (1996).

233. Trial court ruling that substantial disparity in income was not a sufficient reason for attorney fees award upheld. In re Marriage of Patterson, 22 Kan. App. 2d 522, 531, 920 P.2d 450 (1996).

234. Revivor (K.S.A. 60-2404) allowing recovery of back payments of child support for child past age of majority would contravene subsection (a)(1); trial court may not modify separation agreement except as stated therein; disallowing modification under K.S.A. 60-260 (b)(5) not abuse of discretion. In re Marriage of Jones, 22 Kan. App. 2d 753, 761, 763, 921 P.2d 839 (1996).

235. District court has authority to order sale of homestead to satisfy joint marital debts. In re Marriage of Beardslee, 22 Kan. App. 2d 787, 792, 922 P.2d 1128 (1996).

236. Provisions relating to custody of children apply to original divorce proceedings as well as subsequent proceedings on custody. In re Marriage of Burbank, 23 Kan. App. 2d 602, 932 P.2d 466 (1997).

237. Abuse of discretion found where court failed to terminate maintenance payments upon remarriage of former spouse. In re Marriage of Bowers, 23 Kan. App. 2d 641, 644, 933 P.2d 176 (1997).

238. Plaintiff seeking damages for lack of emotional support from father while plaintiff a minor failed to state claim. Holden v. Holden, 957 F. Supp. 1204, 1206 (1997).

239. Divorce action abates at time of death of either spouse. Wear v. Mizell, 263 Kan. 175, 180, 184, 946 P.2d 1363 (1997).

240. Trial court has jurisdiction to change child's name; change to father's surname solely for convention is error. In re Marriage of Killman, 23 Kan. App. 2d 975, 939 P.2d 970 (1997).

241. Separation agreement precluded modification regarding pet visitation; failure to demonstrate right to relief under K.S.A. 60-260(b); attorney fees proper. In re Marriage of Bleich, 23 Kan. App. 2d 982, 986, 939 P.2d 966 (1997).

242. Denial of request for child support affirmed; appellant failed to designate sufficient record containing parties' financial information establishing error. Barnett v. Barnett, 24 Kan. App. 2d 342, 354, 945 P.2d 870 (1997).

243. Trial court lacks jurisdiction or statutory authority to change last name of child of the marriage in divorce action. In re Marriage of Killman, 264 Kan. 33, 34, 41, 955 P.2d 1228 (1998).

244. Record contained sufficient material evidence supporting material change of circumstances and in child's best interest for custody change. In reMarriage of Whipp, 265 Kan. 500, 502, 962 P.2d 1058 (1998).

245. Incarceration in correctional facility not legal justification for suspension or modification of child support obligation under guidelines. Rupp v. Grubb, 265 Kan. 711, 712, 962 P.2d 1074 (1998); In re Marriage of Thurmond, 265 Kan. 715, 962 P.2d 1064 (1998).

246. Trial court did not abuse discretion in divorce property division; dissipation of assets construed. In re Marriage of Rodriguez, 266 Kan. 347, 349, 969 P.2d 880 (1998).

247. Trial court lacks authority to change child's name on birth certificate without both parents' consent. Denk v. Taylor, 25 Kan. App. 2d 172, 174, 958 P.2d 1172 (1998).

248. Garnishment is a special and extraordinary remedy and is exclusive to all other provisions of code of civil procedure; attorney fees may be awarded under K.S.A. 60-721 but attorney fees awarded under K.S.A. 60-1610 not recoverable under K.S.A. 60-721. Vanover v. Vanover 26 Kan. App. 2d 186, 191, 987 P.2d 1105 (1999).

249. Property settlement will not be changed although wife's share of ex-spouse's military retirement pay was reduced to zero when retirement pay was converted to disability benefits; federal law prohibits state courts from treating disability benefits as marital property. In re Marriage of Pierce, 26 Kan. App. 2d 236, 239, 982 P.2d 995 (1999).

250. Marriage of 16 year old child does not as a matter of law emancipate child; public policy provides for support of child until 18 years of age; father must request modification or termination of support. In re Marriage of Schoby, 26 Kan. App. 2d 317, 319, 982 P.2d 406 (1999).

251. Court may not modify separation agreement concerning which party claims dependent tax deduction. In re Marriage of Roth, 26 Kan. App. 2d 365, 367, 987 P.2d 1134 (1999).

252. Residential parent's failure or refusal to correct significant problem in child's life can constitute change in circumstances. In re Marriage of Cobb, 26 Kan. App. 2d 388, 389, 988 P.2d 272 (1999).

253. Trial court award reinstating spousal maintenance upon former spouse's death upheld. In re Estate of Dahlstorm, 26 Kan. App. 2d 664, 667, 992 P.2d 1256 (1999).

254. Trial court refusal to consider fault in division of property and award of spousal maintenance upheld. In re Marriage of Cohee, 26 Kan. App. 2d 756, 759, 994 P.2d 663 (1999).

255. Parties may not privately agree to reduction of child support payments; marriage of 16-year old child does not necessarily terminate obligation to pay child support where mother continues to support child, even though property settlement provides for payment of child support until child reaches 18 years of age, marries or is legally emancipated. In re Marriage of Schoby, 269 Kan. 114, 4 P.3d 604 (2000).

256. Division of property held just and reasonable. In re Marriage of Roth, 28 Kan. App. 2d 45, 11 P.3d 514 (2000).

257. Provision for imputed income of 40 hours work per week at minimum federal wage, as contained in child support guidelines, has no application to parent with recent salaried position working over 40 hours per week income can be imputed at earlier salaried level. In re Marriage of Hoffman, 28 Kan. App. 2d 156, 12 P.3d 905 (2000).

258. Trial court's decision that no material change in circumstances to modify New Mexico custody agreement affirmed. Johnson v. Stephenson, 28 Kan. App. 2d 275, 15 P.3d 359 (2000).

259. Payor spouse may not prorate payment due on first of month for month in which payee spouse remarries and loses entitlement to maintenance payments. Saroff v. Haun, 28 Kan. App. 2d 471, 17 P.3d 943 (2001).

260. Lacking personal jurisdiction over respondent, court can determine only status of parties and division of marital property within Kansas. In re Marriage of Salas, 28 Kan. App. 2d 553, 19 P.3d 184 (2001).

261. Extracurricular activities engaged in by normal, healthy children are not considered "special needs". In re Marriage of Ronen, 29 Kan. App. 2d 443, 26 P.3d 1287 (2001).

262. Mother's acceptance for three years of child support paid by father raises laches as bar to any claim for arrearages. In re Marriage of Burton, 29 Kan. App. 2d 449, 28 P.3d 427 (2001).

263. Child support ceases, for 18 year old, on June 30 after completion of high school. In re Marriage of Kasper, 29 Kan. App. 2d 461, 27 P.3d 948 (2001).

264. Father held to have acquiesced in mother's decision to delay schooling for a year thereby causing father to pay child support past the child's 18 th birthday. Kleinsorge v. Kleinsorge, 29 Kan. App. 2d 519, 28 P.3d 434 (2001).

265. Court has no continuing jurisdiction to change division of property in divorce decree; motion filed 46 months after decree was entered is not a reasonable time under K.S.A. 60-260. In re Marriage of Boldridge, 29 Kan. App. 2d 581, 29 P.3d 454 (2001).

266. Court may consider one party's receipt of federal VA disability benefits in considering amount of maintenance to be paid to spouse. In re Marriage of Bahr, 29 Kan. App. 2d 846, 32 P.3d 1212 (2001).

267. May apply shared custody provisions of child support guidelines without contravening section. In re Marriage of Karst, 29 Kan. App. 2d 1000, 34 P.3d 1131 (2001).

268. Parental preference doctrine should control over best interests of child in custody dispute between natural parent and third-party nonparent. State ex rel Secretary of SRS v. Clubb, 30 Kan. App. 2d 1, 39 P.3d 80 (2001).

269. Father not required to pay child support for June for child who graduated from high school May 29 as child is not "still attending high school." In re Marriage of Sell, 31 Kan. App. 2d 164, 61 P.3d 739 (2003).

270. Payments to respondent from subchapter S corporations to pay respondent's share of federal income taxes due not income for purposes of Kansas child support guidelines. In re Marriage of Brand, 273 Kan. 346, 44 P.3d 321 (2002).

271. Parental preference doctrine does not apply in custody contest between natural parents; father's residential custody remains while he serves one year in Korea and children are with stepmother. In re Marriage of Rayman, 273 Kan. 996, 47 P.3d 413 (2002).

272. Trial court erred in imputing minimum wage to voluntarily unemployed medical doctor. In re Marriage of McCollum, 30 Kan. App. 2d 651, 45 P.3d 398 (2002).

273. No authority to increase noncustodial parent's child support payment because parent did not exercise visitation right. Barnett v. Cusimano, 30 Kan. App. 2d 680, 46 P.3d 568 (2002).

274. $2,000 per month maintenance continued; ex wife found not to be cohabitating with high school sweetheart. In re Marriage of Kopac, 30 Kan. App. 2d 735, 47 P.3d 425 (2002).

275. Parties cannot agree to alter amount of child support payment; motion to modify must be filed. In re Marriage of Steven, 30 Kan. App. 2d 794, 48 P.3d 1284 (2002).

276. Abuse of discretion to require parent seeking modification of child support and custody to prove material change of circumstances when no hearing had ever been held on issue of child support and custody. In re Marriage of Jennings, 30 Kan. App. 2d 860, 50 P.3d 506 (2002).

277. After divorce, wife refused to provide items of personal property belonging to husband; held in indirect contempt by trial court; appeal held frivolous; attorney fees assessed by both courts. In re Marriage of Brotherton, 30 Kan. App. 2d 1298, 59 P.3d 1025 (2002).

278. Under child support guidelines, one-child worksheet to be used for one child, two-child worksheet for other two children. In re Marriage of Wagner (f/k/a Gurtner), 31 Kan. App. 2d 613, 69 P.3d 633 (2003).

279. Court's order for husband's insurance policy on his mother to be partially distributed to ex-wife held to be against public policy and is abuse of discretion. In re Marriage of Day, 31 Kan. App. 2d 746, 74 P.3d 46 (2003).

280. Kansas court maintained jurisdiction to determine child support arrearages; judgment had not become dormant. Summitt v. Summitt, 31 Kan. App. 2d 812, 74 P.3d 584 (2003).

281. Lease agreement does not shield couple from argument they were not cohabitating. In re Marriage of Kuzanek, 32 Kan. App. 2d 329, 82 P.3d 528 (2004).

282. Trial court's award of primary residential custody of 12 year old boy to father affirmed. Talbot v. Pearson, 32 Kan. App. 2d 336, 82 P.3d 854 (2004).

283. For child support purposes, self-employment gross income may be reduced by reasonable business expenses but not by federal income tax due. In re Marriage of Unruh, 32 Kan. App. 2d 770, 88 P.3d 1241 (2003).

284. Second wife not third-party beneficiary of agreement between deceased husband and ex-wife regarding survivor benefits to be received by ex-wife. In re Marriage of Shevling v. Shevling, 278 Kan. 356, 97 P.3d 1036 (2004).

285. Exceptional case requirement satisfied as court separates siblings to place son with father. In re Marriage of Williams, 32 Kan. App. 2d 842, 90 P.3d 365 (2004).

286. Changes in insurance policy beneficiaries must be specified in decree of divorce; language that each party retains his or her insurance policies insufficient to change beneficiary. Cincinnati Life Ins. Co. v. Palmer, 32 Kan. App. 2d 1060, 94 P.3d 729 (2004).

287. Trial court may not order nonparty attorney to pay attorney fees of party in divorce proceeding. In re Marriage of Adugna, 32 Kan. App. 2d 1095, 95 P.3d 646 (2004).

288. Social Security benefits received by children may be applied as credit against child support obligations. In re Marriage of Martin, 32 Kan. App. 2d 1141, 95 P.3d 130 (2004).

289. No error in trial court's refusal to require 12 year old girl to testify as to which parent she preferred as parent for primary residence. In re Marriage of Allen, 33 Kan. App. 2d 109, 97 P.3d 1060 (2004).

290. June 30 date for termination of child support applies only if there is no agreement or court order terminating earlier support. In re Marriage of VanBuren, 33 Kan. App. 2d 178, 102 P.3d 486 (2004).

291. Ex-wife found not to be cohabitating with renter of basement of home. In re Marriage of Kuzanek, 279 Kan. 156, 105 P.3d 1253 (2005).

292. Spousal maintenance subject to modification but not termination during time period set for payment. In re Marriage of Harbutz, 279 Kan. 359, 109 P.3d 1191 (2005).

293. Motion seeking extension of child support through school year in which child becomes 19 years of age must be filed while child is still a high school student. In re Marriage of Funk, 33 Kan. App. 2d 687, 107 P.3d 447 (2005).

294. When parents have agreed upon a parenting plan, trial court not required to specifically consider factors named in subsection (a)(3)(B). Sparks v. Sparks, 34 Kan. App. 2d 499, 120 P.3d 376 (2005).

295. Court has power to modify court-ordered maintenance; maintenance provided in separation agreement not subject to court modification except as provided in agreement or consent of parties. In re Marriage of Ehinger, 34 Kan. App. 2d 583, 121 P.3d 467 (2005).

296. Provision in separation agreement providing for venue in particular county as to litigation concerning parties minor child is not enforceable. In re Marriage of Yount & Hulse, 34 Kan. App. 2d 660, 122 P.3d 1175 (2005).

297. One-half of appellant's military retired pay designated as spousal maintenance but under 10 U.S.C. 1408 income withholding order should not have been filed; appellant to make payments directly to ex-wife. In re Marriage of Gurganus, 34 Kan. App. 2d 713, 124 P.3d 92 (2005).

298. Parent may waive parental preference rights. In re Marriage of Nelson, 34 Kan. App. 2d 879, 125 P.3d 1081 (2006).

299. Minor child does not have standing to file a motion to modify visitation or parenting time. In re Marriage of Osborn, 35 Kan. App. 2d 853, 857, 135 P.3d 199 (2006).

300. District court abused its discretion by reserving jurisdiction to consider at some future date division of a nonexistent retirement plan. In re Marriage of Crane, 36 Kan. App. 2d 677, 683, 143 P.3d 87 (2006).

301. Marital estate to be divided in divorce proceeding to determine debtor's share of marital estate in bankruptcy. In Re Gabel, 353 B.R. 295, 299 (Bkrtcy D. Kan. 2006).

302. The court resolves disputes on child's education in a manner that is in the child's best interests, without regard to conflicting religious preferences. Yordy v. Osterman, 37 Kan. App. 2d 132, 134, 149 P.3d 874 (2007).

303. Trial court may modify maintenance payments; attempts to make nonmodifiable is contrary to statute and case law. In re Marriage of Evans, 37 Kan. App. 2d 803, 805, 806, 157 P.3d 666 (2007).

304. Statute allows approval of a separation agreement only if court finds it valid, just and equitable. In re Marriage of Takusagawa, 38 Kan. App. 2d 401, 166 P.3d 440 (2007).

305. At time of divorce filing each spouse becomes owner of an undetermined interest in marital estate. In re Wright, 371 B.R. 472, 477 (2007).

306. Mentioned in comparing court approvals under this section and approvals under K.S.A. 40-3410. Resolution Oversight Corp. v. Kansas Health Care Stabilization Fund, 38 Kan. App. 2d 899, 908, 175 P.3d 268 (2008).

307. District court did not err by termination of shared residency order for failure to comply with order. In re Marriage of Atchison, 38 Kan. App. 2d 1081, 1084, 176 P.3d 965 (2008).

308. Cited; no Kansas statute sets retroactivity limitation on determining arrearage when child turns 18 years of age. In re Marriage of VanderVoort, 39 Kan. App. 2d 724, 728, 730, 731, 185 P.3d 289 (2008).

309. Cited; K.S.A. 60-1620 movant bears burden to establish material change in circumstances; removing child from Kansas, sanctions discussed. In re Marriage of Grippin, 39 Kan. App. 2d 1029, 1031, 1034, 186 P.3d 852 (2008).

310. Kansas law no longer imposes a duty upon parents to provide support for an adult incompetent child. In re Marriage of Risley, 41 Kan. App. 2d 294, 201 P.3d 770 (2009).

311. Parent without primary residency to have benefit of multiple-family application when increase in child support sought. In re Marriage of Winsky, 42 Kan. App. 2d 69, 208 P.3d 355 (2009).

312. Award of attorney fees discussed and upheld. State ex rel. SRS v. Cleland, 42 Kan. App. 2d 482, 213 P.3d 1091 (2009).

313. District court's determination on child custody, maintenance, division of property and attorney fees upheld. In re Marriage of Vandenberg, 43 Kan. App. 2d 697, 229 P.3d 1187 (2010).

314. No child support award for child's education past majority. In re Marriage of Wilson, 43 Kan. App. 2d 258, 223 P.3d 815 (2010).

315. Parent's religious beliefs should not be used to deny parent custody of child except when religious belief might cause actual harm to child. Harrison v. Tauheed, 44 Kan. App. 2d 235, 235 P.3d 547 (2010).

316. Husband ordered to cooperate with wife in obtaining life insurance on him. In re Marriage of Hall, 43 Kan. App. 2d 392, 225 P.3d 764 (2010).

317. Court's authority to modify child support retroactive to one month after filing of the motion upheld. In re Marriage of Jones, 45 Kan. App. 2d 854, 268 P.3d 494 (2010).

318. Escalator clause in setting a maintenance is permissible. In re Marriage of Strieby, 45 Kan. App. 2d 953, 255 P.3d 34 (2011).

319. Post marital agreement enforceable as long as the agreement is not contrary to public policy. In re Marriage of Traster, 48 Kan. App. 2d 356, 291 P.3d 494 (2012).

320. An oral separation agreement merges into a written journal entry and decree of divorce. In re Estate of McLeish, 49 Kan. App. 2d 246, 307 P.3d 221 (2013).

321. "Separation agreement" as used in K.S.A. 60-1610(b)(3) is interpreted to include all agreements, entered during marriage, that provide for a spouse's property rights in the event of divorce or separation, regardless of whether parties' intended to remain married at time of execution. In re Marriage of Traster, 301 Kan. 88, 103, 339 P.3d 778 (2014).

This website has moved to KSRevisor.gov