38-1121.Judgment or order.(a) The judgment or order of the court determining theexistence or nonexistence of theparent and child relationship is determinative for all purposes, but if anyperson necessary todetermine the existence of a father and child relationship for all purposes hasnot been joined asa party, a determination of the paternity of the child shall have only theforce and effect of a findingof fact necessary to determine a duty of support.
(b) If the judgment or order of the court is at variance with the child'sbirth certificate, thecourt shall order that a new birth certificate be issued, but only if any mannamed as the father onthe birth certificate is a party to the action.
(c) Upon adjudging that a party is the parent of a minor child, the courtshall makeprovision for support and education of the child including the necessarymedical expenses incidentto the birth of the child. The court may order the support and educationexpenses to be paid byeither or both parents for the minor child. When the child reaches 18 years ofage, the support shallterminate unless: (1) The parent or parents agree, by written agreementapproved by the court, topay support beyond that time; (2) the child reaches 18 years of age beforecompleting the child'shigh school education in which case the support shall not automaticallyterminate, unless otherwiseordered by the court, until June 30 of the school year during which the childbecame 18 years ofage if the child is still attending high school; or (3) the child is still abona fide high school studentafter June 30 of the school year during which the child became 18 years of age,in which case the court, on motion, may order support to continue through theschool year during which the childbecomes 19 years of age so long as the child is a bona fide high school studentand the parentsjointly participated or knowingly acquiesced in the decision which delayed thechild's completionof high school. The court, in extending support pursuant to subsection (c)(3),may impose suchconditions as are appropriate and shall set the child support utilizing theguideline table categoryfor 16-year through 18-year old children. Provision for payment of support andeducationalexpenses of a child after reaching 18 years of age if still attending highschool shall apply to anychild subject to the jurisdiction of the court, including those whose supportwas ordered prior toJuly 1, 1992. If an agreement approved by the court prior to July 1, 1988, provides for terminationof support before the date provided by subsection (c)(2), the court may reviewand modify suchagreement, and any order based on such agreement, to extend the date fortermination of supportto the date provided by subsection (c)(2). If an agreement approved by thecourt prior to July 1,1992, provides for termination of support before the date provided bysubsection (c)(3), the courtmay review and modify such agreement, and any order based on such agreement, toextend the datefor termination of support to the date provided by subsection (c)(3). Forpurposes of this section,"bona fide high school student" means a student who is enrolled in fullaccordance with the policyof the accredited high school in which the student is pursuing a high schooldiploma or a graduateequivalency diploma (GED). The judgment may require the party to provide a bondwith sureties to secure payment. Thecourt may at any time during the minority of the child modify or change theorder of support,including any order issued in a title IV-D case, within three years of the dateof the original orderor a modification order, as required by the best interest of the child. If morethan three years haspassed since the date of the original order or modification order, arequirement that such order isin the best interest of the child need not be shown. The court may make amodification of supportretroactive to a date at least one month after the date that the motion tomodify was filed with thecourt. Any increase in support ordered effective prior to the date the court'sjudgment is filed shallnot become a lien on real property pursuant to K.S.A. 60-2202, and amendmentsthereto.
(d) If both parents are parties to the action, the court shall enter suchorders regarding custody, residency and parenting time as the court considersto be in the best interest of thechild.
If the parties have an agreed parenting plan it shall be presumed the agreedparenting planis in the best interest of the child. This presumption may be overcome and thecourt may make adifferent order if the court makes specific findings of fact stating why theagreed parenting planis not in the best interest of the child. If the parties are not in agreementon a parenting plan, eachparty shall submit a proposed parenting plan to the court for consideration atsuch time before thefinal hearing as may be directed by the court.
(e) In entering an original order for support of a child under this section,the court mayaward an additional judgment to reimburse the expenses of support and educationof the child fromthe date of birth to the date the order is entered. If the determination ofpaternity is based upon apresumption arising under K.S.A. 38-1114 and amendments thereto, the courtshall award anadditional judgment to reimburse all or part of the expenses of support andeducation of the childfrom at least the date the presumption first arose to the date the order isentered, except that noadditional judgment need be awarded for amounts accrued under a previous orderfor the child'ssupport.
(f) In determining the amount to be ordered in payment and duration of suchpayments,a court enforcing the obligation of support shall consider all relevant factsincluding, but notlimited to, the following:
(1) The needs of the child.
(2) The standards of living and circumstances of the parents.
(3) The relative financial means of the parents.
(4) The earning ability of the parents.
(5) The need and capacity of the child for education.
(6) The age of the child.
(7) The financial resources and the earning ability of the child.
(8) The responsibility of the parents for the support of others.
(9) The value of services contributed by both parents.
(g) The provisions of K.S.A. 23-4,107, and amendments thereto, shall apply toall ordersof support issued under this section.
(h) An order granting parenting time pursuant to this section may be enforcedinaccordance with K.S.A. 23-701, and amendments thereto, or under the uniformchild custodyjurisdiction and enforcement act.
38-1121.Judgment or order.(a) The judgment or order of the court determining theexistence or nonexistence of theparent and child relationship is determinative for all purposes, but if anyperson necessary todetermine the existence of a father and child relationship for all purposes hasnot been joined asa party, a determination of the paternity of the child shall have only theforce and effect of a findingof fact necessary to determine a duty of support.
(b) If the judgment or order of the court is at variance with the child'sbirth certificate, thecourt shall order that a new birth certificate be issued, but only if any mannamed as the father onthe birth certificate is a party to the action.
(c) Upon adjudging that a party is the parent of a minor child, the courtshall makeprovision for support and education of the child including the necessarymedical expenses incidentto the birth of the child. The court may order the support and educationexpenses to be paid byeither or both parents for the minor child. When the child reaches 18 years ofage, the support shallterminate unless: (1) The parent or parents agree, by written agreementapproved by the court, topay support beyond that time; (2) the child reaches 18 years of age beforecompleting the child'shigh school education in which case the support shall not automaticallyterminate, unless otherwiseordered by the court, until June 30 of the school year during which the childbecame 18 years ofage if the child is still attending high school; or (3) the child is still abona fide high school studentafter June 30 of the school year during which the child became 18 years of age,in which case the court, on motion, may order support to continue through theschool year during which the childbecomes 19 years of age so long as the child is a bona fide high school studentand the parentsjointly participated or knowingly acquiesced in the decision which delayed thechild's completionof high school. The court, in extending support pursuant to subsection (c)(3),may impose suchconditions as are appropriate and shall set the child support utilizing theguideline table categoryfor 16-year through 18-year old children. Provision for payment of support andeducationalexpenses of a child after reaching 18 years of age if still attending highschool shall apply to anychild subject to the jurisdiction of the court, including those whose supportwas ordered prior toJuly 1, 1992. If an agreement approved by the court prior to July 1, 1988, provides for terminationof support before the date provided by subsection (c)(2), the court may reviewand modify suchagreement, and any order based on such agreement, to extend the date fortermination of supportto the date provided by subsection (c)(2). If an agreement approved by thecourt prior to July 1,1992, provides for termination of support before the date provided bysubsection (c)(3), the courtmay review and modify such agreement, and any order based on such agreement, toextend the datefor termination of support to the date provided by subsection (c)(3). Forpurposes of this section,"bona fide high school student" means a student who is enrolled in fullaccordance with the policyof the accredited high school in which the student is pursuing a high schooldiploma or a graduateequivalency diploma (GED). The judgment may require the party to provide a bondwith sureties to secure payment. Thecourt may at any time during the minority of the child modify or change theorder of support,including any order issued in a title IV-D case, within three years of the dateof the original orderor a modification order, as required by the best interest of the child. If morethan three years haspassed since the date of the original order or modification order, arequirement that such order isin the best interest of the child need not be shown. The court may make amodification of supportretroactive to a date at least one month after the date that the motion tomodify was filed with thecourt. Any increase in support ordered effective prior to the date the court'sjudgment is filed shallnot become a lien on real property pursuant to K.S.A. 60-2202, and amendmentsthereto.
(d) If both parents are parties to the action, the court shall enter suchorders regarding custody, residency and parenting time as the court considersto be in the best interest of thechild.
If the parties have an agreed parenting plan it shall be presumed the agreedparenting planis in the best interest of the child. This presumption may be overcome and thecourt may make adifferent order if the court makes specific findings of fact stating why theagreed parenting planis not in the best interest of the child. If the parties are not in agreementon a parenting plan, eachparty shall submit a proposed parenting plan to the court for consideration atsuch time before thefinal hearing as may be directed by the court.
(e) In entering an original order for support of a child under this section,the court mayaward an additional judgment to reimburse the expenses of support and educationof the child fromthe date of birth to the date the order is entered. If the determination ofpaternity is based upon apresumption arising under K.S.A. 38-1114 and amendments thereto, the courtshall award anadditional judgment to reimburse all or part of the expenses of support andeducation of the childfrom at least the date the presumption first arose to the date the order isentered, except that noadditional judgment need be awarded for amounts accrued under a previous orderfor the child'ssupport.
(f) In determining the amount to be ordered in payment and duration of suchpayments,a court enforcing the obligation of support shall consider all relevant factsincluding, but notlimited to, the following:
(1) The needs of the child.
(2) The standards of living and circumstances of the parents.
(3) The relative financial means of the parents.
(4) The earning ability of the parents.
(5) The need and capacity of the child for education.
(6) The age of the child.
(7) The financial resources and the earning ability of the child.
(8) The responsibility of the parents for the support of others.
(9) The value of services contributed by both parents.
(g) The provisions of K.S.A. 23-4,107, and amendments thereto, shall apply toall ordersof support issued under this section.
(h) An order granting parenting time pursuant to this section may be enforcedinaccordance with K.S.A. 23-701, and amendments thereto, or under the uniformchild custodyjurisdiction and enforcement act.
38-1121.Judgment or order.(a) The judgment or order of the court determining theexistence or nonexistence of theparent and child relationship is determinative for all purposes, but if anyperson necessary todetermine the existence of a father and child relationship for all purposes hasnot been joined asa party, a determination of the paternity of the child shall have only theforce and effect of a findingof fact necessary to determine a duty of support.
(b) If the judgment or order of the court is at variance with the child'sbirth certificate, thecourt shall order that a new birth certificate be issued, but only if any mannamed as the father onthe birth certificate is a party to the action.
(c) Upon adjudging that a party is the parent of a minor child, the courtshall makeprovision for support and education of the child including the necessarymedical expenses incidentto the birth of the child. The court may order the support and educationexpenses to be paid byeither or both parents for the minor child. When the child reaches 18 years ofage, the support shallterminate unless: (1) The parent or parents agree, by written agreementapproved by the court, topay support beyond that time; (2) the child reaches 18 years of age beforecompleting the child'shigh school education in which case the support shall not automaticallyterminate, unless otherwiseordered by the court, until June 30 of the school year during which the childbecame 18 years ofage if the child is still attending high school; or (3) the child is still abona fide high school studentafter June 30 of the school year during which the child became 18 years of age,in which case the court, on motion, may order support to continue through theschool year during which the childbecomes 19 years of age so long as the child is a bona fide high school studentand the parentsjointly participated or knowingly acquiesced in the decision which delayed thechild's completionof high school. The court, in extending support pursuant to subsection (c)(3),may impose suchconditions as are appropriate and shall set the child support utilizing theguideline table categoryfor 16-year through 18-year old children. Provision for payment of support andeducationalexpenses of a child after reaching 18 years of age if still attending highschool shall apply to anychild subject to the jurisdiction of the court, including those whose supportwas ordered prior toJuly 1, 1992. If an agreement approved by the court prior to July 1, 1988, provides for terminationof support before the date provided by subsection (c)(2), the court may reviewand modify suchagreement, and any order based on such agreement, to extend the date fortermination of supportto the date provided by subsection (c)(2). If an agreement approved by thecourt prior to July 1,1992, provides for termination of support before the date provided bysubsection (c)(3), the courtmay review and modify such agreement, and any order based on such agreement, toextend the datefor termination of support to the date provided by subsection (c)(3). Forpurposes of this section,"bona fide high school student" means a student who is enrolled in fullaccordance with the policyof the accredited high school in which the student is pursuing a high schooldiploma or a graduateequivalency diploma (GED). The judgment may require the party to provide a bondwith sureties to secure payment. Thecourt may at any time during the minority of the child modify or change theorder of support,including any order issued in a title IV-D case, within three years of the dateof the original orderor a modification order, as required by the best interest of the child. If morethan three years haspassed since the date of the original order or modification order, arequirement that such order isin the best interest of the child need not be shown. The court may make amodification of supportretroactive to a date at least one month after the date that the motion tomodify was filed with thecourt. Any increase in support ordered effective prior to the date the court'sjudgment is filed shallnot become a lien on real property pursuant to K.S.A. 60-2202, and amendmentsthereto.
(d) If both parents are parties to the action, the court shall enter suchorders regarding custody, residency and parenting time as the court considersto be in the best interest of thechild.
If the parties have an agreed parenting plan it shall be presumed the agreedparenting planis in the best interest of the child. This presumption may be overcome and thecourt may make adifferent order if the court makes specific findings of fact stating why theagreed parenting planis not in the best interest of the child. If the parties are not in agreementon a parenting plan, eachparty shall submit a proposed parenting plan to the court for consideration atsuch time before thefinal hearing as may be directed by the court.
(e) In entering an original order for support of a child under this section,the court mayaward an additional judgment to reimburse the expenses of support and educationof the child fromthe date of birth to the date the order is entered. If the determination ofpaternity is based upon apresumption arising under K.S.A. 38-1114 and amendments thereto, the courtshall award anadditional judgment to reimburse all or part of the expenses of support andeducation of the childfrom at least the date the presumption first arose to the date the order isentered, except that noadditional judgment need be awarded for amounts accrued under a previous orderfor the child'ssupport.
(f) In determining the amount to be ordered in payment and duration of suchpayments,a court enforcing the obligation of support shall consider all relevant factsincluding, but notlimited to, the following:
(1) The needs of the child.
(2) The standards of living and circumstances of the parents.
(3) The relative financial means of the parents.
(4) The earning ability of the parents.
(5) The need and capacity of the child for education.
(6) The age of the child.
(7) The financial resources and the earning ability of the child.
(8) The responsibility of the parents for the support of others.
(9) The value of services contributed by both parents.
(g) The provisions of K.S.A. 23-4,107, and amendments thereto, shall apply toall ordersof support issued under this section.
(h) An order granting parenting time pursuant to this section may be enforcedinaccordance with K.S.A. 23-701, and amendments thereto, or under the uniformchild custodyjurisdiction and enforcement act.
