60-1610.Decree; authorized orders.A decree in an action under this article may include orders on the followingmatters:
(a) Minor children. (1) Child support and education.The court shall make provisions forthe support and education of the minor children. The court may modify or changeany prior order,including any order issued in a title IV-D case, within three years of the dateof the original orderor a modification order, when a material change in circumstances is shown,irrespective of thepresent domicile of the child or the parents. If more than three years haspassed since the date ofthe original order or modification order, a material change in circumstanceneed not be shown. Thecourt may make a modification of child support retroactive to a date at leastone month after thedate that the motion to modify was filed with the court. Any increase insupport ordered effectiveprior to the date the court's judgment is filed shall not become a lien on realproperty pursuant to K.S.A. 60-2202 and amendments thereto. Regardless of thetype of custodial arrangement orderedby the court, the court may order the child support and education expenses tobe paid by either orboth parents for any child less than 18 years of age, at which age the supportshall terminate unless:(A) The parent or parents agree, by written agreement approved by the court, topay supportbeyond the time the child reaches 18 years of age; (B) the child reaches 18years of age beforecompleting the child's high school education in which case the support shallnot terminate automatically, unless otherwise ordered by the court, until June30 of the school year during whichthe child became 18 years of age if the child is still attending high school;or (C) the child is stilla bona fide high school student after June 30 of the school year during whichthe child became 18years of age, in which case the court, on motion, may order support to continuethrough the schoolyear during which the child becomes 19 years of age so long as the child is abona fide high schoolstudent and the parents jointly participated or knowingly acquiesced in thedecision which delayedthe child's completion of high school. The court, in extending support pursuantto subsection(a)(1)(C), may impose such conditions as are appropriate and shall set thechild support utilizingthe guideline table category for 12-year through 18-year old children.Provision for payment ofsupport and educational expenses of a child after reaching 18 years of age ifstill attending highschool shall apply to any child subject to the jurisdiction of the court,including those whosesupport was ordered prior to July 1, 1992. If an agreementapproved by the court prior to July 1, 1992, provides for termination ofsupport before the dateprovided by subsection (a)(1)(C), the court may review and modify suchagreement, and any orderbased on such agreement, to extend the date for termination of support to thedate provided bysubsection (a)(1)(C). For purposes of this section, "bona fide high schoolstudent" means a studentwho is enrolled in full accordance with the policy of the accredited highschool in which thestudent is pursuing a high school diploma or a graduate equivalency diploma(GED). Indetermining the amount to be paid for child support, the court shall considerall relevant factors,without regard to marital misconduct, including the financial resources andneeds of both parents, the financial resources and needs of the child and thephysical and emotional condition of the child.Until a child reaches 18 years of age, the court may set apart any portion ofproperty of either thehusband or wife, or both, that seems necessary and proper for the support ofthe child.Except for good cause shown, every order requiring payment of child supportunder this sectionshall require that the support be paid through the central unit forcollection and disbursement of support paymentsdesignated pursuant to K.S.A. 23-4,118, and amendments thereto. A writtenagreement betweenthe parties to make direct child support payments to the obligee and not paythrough the centralunit shall constitute good cause, unless the court finds the agreement is notin the best interest ofthe child or children. The obligor shall file such written agreement with thecourt. The obligor shallmaintain written evidence of the payment of the support obligation and, atleast annually, shallprovide such evidence to the court and the obligee. If the divorce decree ofthe parties provides foran abatement of child support during any period provided in such decree, thechild support suchnonresidential parent owes for such period shall abate during such period oftime, except that ifthe residential parent shows that the criteria for the abatement has not beensatisfied there shall notbe an abatement of such child support.
(2) Child custody and residency. (A) Changes incustody. Subject to the provisions of theuniform child custody jurisdiction and enforcement act (K.S.A. 38-1336 through38-1377, andamendments thereto), the court may change or modify any prior order of custody,residency,visitation and parenting time, when a material change of circumstances isshown, but no ex parteorder shall have the effect of changing residency of a minor child from theparent who has had thesole de facto residency of the child to the other parent unless there is sworntestimony to supporta showing of extraordinary circumstances. If an interlocutory order is issuedex parte, the courtshall hear a motion to vacate or modify the order within 15 days of the datethat a party requestsa hearing whether to vacate or modify the order.
(B) Examination of parties. The court may order physical or mentalexaminations of theparties if requested pursuant to K.S.A. 60-235 and amendments thereto.
(3) Child custody or residency criteria. The court shall determinecustody or residency ofa child in accordance with the best interests of the child.
(A) If the parties have entered into a parenting plan, it shall be presumedthat theagreement is in the best interests of the child. This presumption may beovercome and the courtmay make a different order if the court makes specific findings of fact statingwhy the agreedparenting plan is not in the best interests of the child.
(B) In determining the issue of child custody, residency and parenting time,the court shallconsider all relevant factors, including but not limited to:
(i) The length of time that the child has been under the actual care andcontrol of anyperson other than a parent and the circumstances relating thereto;
(ii) the desires of the child's parents as to custody or residency;
(iii) the desires of the child as to the child's custody or residency;
(iv) the interaction and interrelationship of the child with parents,siblings and any otherperson who may significantly affect the child's best interests;
(v) the child's adjustment to the child's home, school and community;
(vi) the willingness and ability of each parent to respect and appreciate thebond betweenthe child and the other parent and to allow for a continuing relationshipbetween the child and theother parent;
(vii) evidence of spousal abuse;
(viii) whether a parent is subject to the registrationrequirements of the Kansas offender registration act, K.S.A. 22-4901, et seq.,and amendments thereto, or any similar act in any other state, or undermilitary orfederal law;
(ix) whether a parent has been convicted of abuse of a child, K.S.A. 21-3609,and amendments thereto;
(x) whether a parent is residing with an individual who issubject to registration requirements of the Kansas offender registration act,K.S.A. 22-4901, et seq., and amendments thereto, or any similar act in anyother state, or under military or federal law; and
(xi) whether a parent is residing with an individual who has been convictedof abuse of a child, K.S.A. 21-3609, and amendments thereto.
(C) Neither parent shall be considered to have a vested interest inthe custody orresidency ofany child as against the other parent, regardless of the age of the child, andthere shall be nopresumption that it is in the best interests of any infant or young child togive custody or residencyto the mother.
(D) There shall be a rebuttable presumption that it is not in the bestinterest of the child to have custody or residency granted to a parent who:
(i) Is residing with an individual who is subject toregistration requirements of the Kansas offender registration act, K.S.A.22-4901, et seq., and amendments thereto, or any similar act in any otherstate,or under military or federal law; or
(ii) is residing with an individual who has been convicted of abuse of achild, K.S.A. 21-3609, and amendments thereto.
(4) Types of legal custodial arrangements. Subject to theprovisions of this article, thecourt may make any order relating to custodial arrangements which is in thebest interests of thechild. The order shall provide one of the following legal custody arrangements,in the order ofpreference:(A) Joint legal custody. The court may order the joint legalcustody of a child with bothparties. In that event, the parties shall have equal rights to make decisionsin the best interests ofthe child.
(B) Sole legal custody. The court may order the sole legal custodyof a child with one of the parties when the court finds that it is not in thebest interests of the childthat both of the partieshave equal rights to make decisions pertaining to the child. If the court doesnot order joint legalcustody, the court shall include on the record specific findings of fact uponwhich the order for solelegal custody is based. The award of sole legal custody to one parent shall notdeprive the otherparent of access to information regarding the child unless the court shall soorder, stating thereasons for that determination.
(5) Types of residential arrangements. After making adetermination of the legal custodialarrangements, the court shall determine the residency of the child from thefollowing options,which arrangement the court must find to be in the best interest of the child.The parties shallsubmit to the court either an agreed parenting plan or, in the case of dispute,proposed parentingplans for the court's consideration. Such options are:
(A) Residency. The court may order a residential arrangement inwhich the child resideswith one or both parents on a basis consistent with the best interests of thechild.
(B) Divided residency. In an exceptional case, the court may ordera residentialarrangement in which one or more children reside with each parent and haveparenting time withthe other.
(C) Nonparental residency. If during the proceedings the courtdetermines that there isprobable cause to believe that the child is a child in need of care as definedby subsections (d)(1), (d)(2), (d)(3) or (d)(11) ofK.S.A. 2009 Supp.38-2202,and amendments thereto, or that neither parent isfit to have residency,the court may award temporary residency of the child to a grandparent, aunt,uncle or adult sibling,or, another person or agency if the court findsby written order that: (i) (a) The child is likely to sustain harm if notimmediately removed from the home;
(b) allowing the child to remain in home is contrary to the welfare of thechild; or
(c) immediate placement of the child is in the best interest of the child;and
(ii) reasonable efforts have been made to maintain the family unit andprevent the unnecessary removal of the child from the child's home or that anemergency exists which threatens the safety to the child. In making such aresidency order, the courtshall give preference, tothe extent that the court finds it is in the best interests of the child, firstto awarding such residencyto a relative of the child by blood, marriage or adoption and second toawarding such residency toanother person with whom the child has close emotional ties. The court may maketemporaryorders for care, support, education and visitation that it considersappropriate. Temporary residencyorders are to be entered in lieu of temporary orders provided for in K.S.A.2009 Supp. 38-2243 and 38-2244,and amendments thereto, and shall remain in effect until there is a finaldetermination under the revisedKansas code for care of children. An award of temporary residency under thisparagraph shall not terminate parental rights nor give the court the authorityto consent to the adoption of the child.When the court enters orders awarding temporary residency of the child to anagency or a personother than the parent, the court shall refer a transcript of the proceedings tothe county or districtattorney. The county or district attorney shall file a petition as provided inK.S.A. 2009 Supp.38-2234, andamendments thereto, and may request termination of parental rightspursuant toK.S.A. 2009 Supp.38-2266,and amendments thereto. The costs of the proceedings shall be paid from thegeneral fund of thecounty. When a final determination is made that the child is not a child inneed of care, the countyor district attorney shall notify the court in writing and the court, after ahearing, shall enterappropriate custody orders pursuant to this section. If the same judge presidesover bothproceedings, the notice is not required. Any disposition pursuant to therevised Kansas code for care ofchildren shall be binding and shall supersede any order under this section.
(6) Child health insurance coverage. The court may order thateach parent execute any and all documents, including any releases, necessary sothat both parents may obtain information from and to communicate with anyhealth insurance provider regarding the health insurance coverage provided bysuch health insurance provider to the child. The provisions of this paragraphshall apply irrespective of which parent owns, subscribes or pays for suchhealth insurance coverage.
(b) Financial matters. (1) Division of property. Thedecree shall divide the real andpersonal property of the parties, including any retirement and pension plans,whether owned byeither spouse prior to marriage, acquired by either spouse in the spouse's ownright after marriageor acquired by the spouses' joint efforts, by: (A) A division of the propertyin kind; (B) awardingthe property or part of the property to one of the spouses and requiring theother to pay a just andproper sum; or (C) ordering a sale of the property, under conditions prescribedby the court, anddividing the proceeds of the sale. Upon request, the trial court shall set avaluation date to be usedfor all assets at trial, which may be the date of separation, filing or trialas the facts andcircumstances of the case may dictate. The trial court may consider evidenceregarding changesin value of various assets before and after the valuation date in making thedivision of property.In dividing defined-contribution types of retirement and pension plans, thecourt shall allocateprofits and losses on the nonparticipant's portion until date of distributionto that nonparticipant.In making the division of property the court shall consider the age of theparties; the duration ofthe marriage; the property owned by the parties; their present and futureearning capacities; thetime, source and manner of acquisition of property; family ties andobligations; the allowance ofmaintenance or lack thereof; dissipation of assets; the tax consequences of theproperty divisionupon the respective economic circumstances of the parties; and such otherfactors as the courtconsiders necessary to make a just and reasonable division of property. Thedecree shall provide for any changes in beneficiary designation on: (A) Anyinsurance or annuity policy that is ownedby the parties, or in the case of group life insurance policies, under whicheither of the parties isa covered person; (B) any trust instrument under which one party is the grantoror holds a powerof appointment over part or all of the trust assets, that may be exercised infavor of either party;or (C) any transfer on death or payable on death account under which one orboth of the parties areowners or beneficiaries. Nothing in this section shall relieve the parties ofthe obligation toeffectuate any change in beneficiary designation by the filing of such changewith the insurer orissuer in accordance with the terms of such policy.
(2) Maintenance. The decree may award to either party an allowancefor future supportdenominated as maintenance, in an amount the court finds to be fair, just andequitable under allof the circumstances. The decree may make the future payments modifiable orterminable undercircumstances prescribed in the decree. The court may make a modification ofmaintenanceretroactive to a date at least one month after the date that the motion tomodify was filed with thecourt. In any event, the court may not award maintenance for a period of timein excess of 121months. If the original court decree reserves the power of the court to hearsubsequent motions forreinstatement of maintenance and such a motion is filed prior to the expirationof the stated periodof time for maintenance payments, the court shall have jurisdiction to hear amotion by therecipient of the maintenance to reinstate the maintenance payments. Upon motionand hearing, thecourt may reinstate the payments in whole or in part for a period of time,conditioned upon anymodifying or terminating circumstances prescribed by the court, but thereinstatement shall belimited to a period of time not exceeding 121 months. The recipient may filesubsequent motionsfor reinstatement of maintenance prior to the expiration of subsequent periodsof time formaintenance payments to be made, but no single period of reinstatement orderedby the court mayexceed 121 months. Maintenance may be in a lump sum, in periodic payments, on apercentageof earnings or on any other basis. At any time, on a hearing with reasonablenotice to the partyaffected, the court may modify the amounts or other conditions for the paymentof any portion ofthe maintenance originally awarded that has not already become due, but nomodification shall bemade without the consent of the party liable for the maintenance, if it has theeffect of increasingor accelerating the liability for the unpaid maintenance beyond what wasprescribed in the original decree. Except for good cause shown, every orderrequiring payment of maintenance under thissection shall require that the maintenance be paid through the central unitfor collection and disbursement of supportpayments designated pursuant to K.S.A. 23-4,118, and amendments thereto. Awritten agreementbetween the parties to make direct maintenance payments to the obligee and notpay through thecentral unit shall constitute good cause. If child support and maintenancepayments are both madeto an obligee by the same obligor, and if the court has made a determinationconcerning the mannerof payment of child support, then maintenance payments shall be paid in thesame manner.
(3) Separation agreement. If the parties have entered into aseparation agreement whichthe court finds to be valid, just and equitable, the agreement shall beincorporated in the decree.A separation agreement may include provisions relating to a parenting plan. Theprovisions of theagreement on all matters settled by it shall be confirmed in the decree exceptthat any provisionsrelating to the legal custody, residency, visitation parenting time, support oreducation of the minorchildren shall be subject to the control of the court in accordance with allother provisions of thisarticle. Matters settled by an agreement incorporated in the decree, other thanmatters pertainingto the legal custody, residency, visitation, parenting time, support oreducation of the minorchildren, shall not be subject to subsequent modification by the court except:(A) As prescribedby the agreement or (B) as subsequently consented to by the parties.
(4) Costs and fees. Costs and attorney fees may be awarded toeither party as justice andequity require. The court may order that the amount be paid directly to theattorney, who mayenforce the order in the attorney's name in the same case.
(c) Miscellaneous matters. (1) Restoration of name.Upon the request of a spouse, the courtshall order the restoration of that spouse's maiden or former name.Thecourt shall have jurisdiction to restore the spouse's maiden or former name ator after the time the decree of divorce becomes final. The judicialcouncil shall develop a form which is simple, concise and direct for use withthis paragraph.
(2) Effective date as to remarriage. Any marriage contracted by aparty, within or outsidethis state, with any other person before a judgment of divorce becomes finalshall be voidable untilthe decree of divorce becomes final. An agreement which waives the right ofappeal from thegranting of the divorce and which is incorporated into the decree or signed bythe parties and filedin the case shall be effective to shorten the period of time during which theremarriage is voidable.
60-1610.Decree; authorized orders.A decree in an action under this article may include orders on the followingmatters:
(a) Minor children. (1) Child support and education.The court shall make provisions forthe support and education of the minor children. The court may modify or changeany prior order,including any order issued in a title IV-D case, within three years of the dateof the original orderor a modification order, when a material change in circumstances is shown,irrespective of thepresent domicile of the child or the parents. If more than three years haspassed since the date ofthe original order or modification order, a material change in circumstanceneed not be shown. Thecourt may make a modification of child support retroactive to a date at leastone month after thedate that the motion to modify was filed with the court. Any increase insupport ordered effectiveprior to the date the court's judgment is filed shall not become a lien on realproperty pursuant to K.S.A. 60-2202 and amendments thereto. Regardless of thetype of custodial arrangement orderedby the court, the court may order the child support and education expenses tobe paid by either orboth parents for any child less than 18 years of age, at which age the supportshall terminate unless:(A) The parent or parents agree, by written agreement approved by the court, topay supportbeyond the time the child reaches 18 years of age; (B) the child reaches 18years of age beforecompleting the child's high school education in which case the support shallnot terminate automatically, unless otherwise ordered by the court, until June30 of the school year during whichthe child became 18 years of age if the child is still attending high school;or (C) the child is stilla bona fide high school student after June 30 of the school year during whichthe child became 18years of age, in which case the court, on motion, may order support to continuethrough the schoolyear during which the child becomes 19 years of age so long as the child is abona fide high schoolstudent and the parents jointly participated or knowingly acquiesced in thedecision which delayedthe child's completion of high school. The court, in extending support pursuantto subsection(a)(1)(C), may impose such conditions as are appropriate and shall set thechild support utilizingthe guideline table category for 12-year through 18-year old children.Provision for payment ofsupport and educational expenses of a child after reaching 18 years of age ifstill attending highschool shall apply to any child subject to the jurisdiction of the court,including those whosesupport was ordered prior to July 1, 1992. If an agreementapproved by the court prior to July 1, 1992, provides for termination ofsupport before the dateprovided by subsection (a)(1)(C), the court may review and modify suchagreement, and any orderbased on such agreement, to extend the date for termination of support to thedate provided bysubsection (a)(1)(C). For purposes of this section, "bona fide high schoolstudent" means a studentwho is enrolled in full accordance with the policy of the accredited highschool in which thestudent is pursuing a high school diploma or a graduate equivalency diploma(GED). Indetermining the amount to be paid for child support, the court shall considerall relevant factors,without regard to marital misconduct, including the financial resources andneeds of both parents, the financial resources and needs of the child and thephysical and emotional condition of the child.Until a child reaches 18 years of age, the court may set apart any portion ofproperty of either thehusband or wife, or both, that seems necessary and proper for the support ofthe child.Except for good cause shown, every order requiring payment of child supportunder this sectionshall require that the support be paid through the central unit forcollection and disbursement of support paymentsdesignated pursuant to K.S.A. 23-4,118, and amendments thereto. A writtenagreement betweenthe parties to make direct child support payments to the obligee and not paythrough the centralunit shall constitute good cause, unless the court finds the agreement is notin the best interest ofthe child or children. The obligor shall file such written agreement with thecourt. The obligor shallmaintain written evidence of the payment of the support obligation and, atleast annually, shallprovide such evidence to the court and the obligee. If the divorce decree ofthe parties provides foran abatement of child support during any period provided in such decree, thechild support suchnonresidential parent owes for such period shall abate during such period oftime, except that ifthe residential parent shows that the criteria for the abatement has not beensatisfied there shall notbe an abatement of such child support.
(2) Child custody and residency. (A) Changes incustody. Subject to the provisions of theuniform child custody jurisdiction and enforcement act (K.S.A. 38-1336 through38-1377, andamendments thereto), the court may change or modify any prior order of custody,residency,visitation and parenting time, when a material change of circumstances isshown, but no ex parteorder shall have the effect of changing residency of a minor child from theparent who has had thesole de facto residency of the child to the other parent unless there is sworntestimony to supporta showing of extraordinary circumstances. If an interlocutory order is issuedex parte, the courtshall hear a motion to vacate or modify the order within 15 days of the datethat a party requestsa hearing whether to vacate or modify the order.
(B) Examination of parties. The court may order physical or mentalexaminations of theparties if requested pursuant to K.S.A. 60-235 and amendments thereto.
(3) Child custody or residency criteria. The court shall determinecustody or residency ofa child in accordance with the best interests of the child.
(A) If the parties have entered into a parenting plan, it shall be presumedthat theagreement is in the best interests of the child. This presumption may beovercome and the courtmay make a different order if the court makes specific findings of fact statingwhy the agreedparenting plan is not in the best interests of the child.
(B) In determining the issue of child custody, residency and parenting time,the court shallconsider all relevant factors, including but not limited to:
(i) The length of time that the child has been under the actual care andcontrol of anyperson other than a parent and the circumstances relating thereto;
(ii) the desires of the child's parents as to custody or residency;
(iii) the desires of the child as to the child's custody or residency;
(iv) the interaction and interrelationship of the child with parents,siblings and any otherperson who may significantly affect the child's best interests;
(v) the child's adjustment to the child's home, school and community;
(vi) the willingness and ability of each parent to respect and appreciate thebond betweenthe child and the other parent and to allow for a continuing relationshipbetween the child and theother parent;
(vii) evidence of spousal abuse;
(viii) whether a parent is subject to the registrationrequirements of the Kansas offender registration act, K.S.A. 22-4901, et seq.,and amendments thereto, or any similar act in any other state, or undermilitary orfederal law;
(ix) whether a parent has been convicted of abuse of a child, K.S.A. 21-3609,and amendments thereto;
(x) whether a parent is residing with an individual who issubject to registration requirements of the Kansas offender registration act,K.S.A. 22-4901, et seq., and amendments thereto, or any similar act in anyother state, or under military or federal law; and
(xi) whether a parent is residing with an individual who has been convictedof abuse of a child, K.S.A. 21-3609, and amendments thereto.
(C) Neither parent shall be considered to have a vested interest inthe custody orresidency ofany child as against the other parent, regardless of the age of the child, andthere shall be nopresumption that it is in the best interests of any infant or young child togive custody or residencyto the mother.
(D) There shall be a rebuttable presumption that it is not in the bestinterest of the child to have custody or residency granted to a parent who:
(i) Is residing with an individual who is subject toregistration requirements of the Kansas offender registration act, K.S.A.22-4901, et seq., and amendments thereto, or any similar act in any otherstate,or under military or federal law; or
(ii) is residing with an individual who has been convicted of abuse of achild, K.S.A. 21-3609, and amendments thereto.
(4) Types of legal custodial arrangements. Subject to theprovisions of this article, thecourt may make any order relating to custodial arrangements which is in thebest interests of thechild. The order shall provide one of the following legal custody arrangements,in the order ofpreference:(A) Joint legal custody. The court may order the joint legalcustody of a child with bothparties. In that event, the parties shall have equal rights to make decisionsin the best interests ofthe child.
(B) Sole legal custody. The court may order the sole legal custodyof a child with one of the parties when the court finds that it is not in thebest interests of the childthat both of the partieshave equal rights to make decisions pertaining to the child. If the court doesnot order joint legalcustody, the court shall include on the record specific findings of fact uponwhich the order for solelegal custody is based. The award of sole legal custody to one parent shall notdeprive the otherparent of access to information regarding the child unless the court shall soorder, stating thereasons for that determination.
(5) Types of residential arrangements. After making adetermination of the legal custodialarrangements, the court shall determine the residency of the child from thefollowing options,which arrangement the court must find to be in the best interest of the child.The parties shallsubmit to the court either an agreed parenting plan or, in the case of dispute,proposed parentingplans for the court's consideration. Such options are:
(A) Residency. The court may order a residential arrangement inwhich the child resideswith one or both parents on a basis consistent with the best interests of thechild.
(B) Divided residency. In an exceptional case, the court may ordera residentialarrangement in which one or more children reside with each parent and haveparenting time withthe other.
(C) Nonparental residency. If during the proceedings the courtdetermines that there isprobable cause to believe that the child is a child in need of care as definedby subsections (d)(1), (d)(2), (d)(3) or (d)(11) ofK.S.A. 2009 Supp.38-2202,and amendments thereto, or that neither parent isfit to have residency,the court may award temporary residency of the child to a grandparent, aunt,uncle or adult sibling,or, another person or agency if the court findsby written order that: (i) (a) The child is likely to sustain harm if notimmediately removed from the home;
(b) allowing the child to remain in home is contrary to the welfare of thechild; or
(c) immediate placement of the child is in the best interest of the child;and
(ii) reasonable efforts have been made to maintain the family unit andprevent the unnecessary removal of the child from the child's home or that anemergency exists which threatens the safety to the child. In making such aresidency order, the courtshall give preference, tothe extent that the court finds it is in the best interests of the child, firstto awarding such residencyto a relative of the child by blood, marriage or adoption and second toawarding such residency toanother person with whom the child has close emotional ties. The court may maketemporaryorders for care, support, education and visitation that it considersappropriate. Temporary residencyorders are to be entered in lieu of temporary orders provided for in K.S.A.2009 Supp. 38-2243 and 38-2244,and amendments thereto, and shall remain in effect until there is a finaldetermination under the revisedKansas code for care of children. An award of temporary residency under thisparagraph shall not terminate parental rights nor give the court the authorityto consent to the adoption of the child.When the court enters orders awarding temporary residency of the child to anagency or a personother than the parent, the court shall refer a transcript of the proceedings tothe county or districtattorney. The county or district attorney shall file a petition as provided inK.S.A. 2009 Supp.38-2234, andamendments thereto, and may request termination of parental rightspursuant toK.S.A. 2009 Supp.38-2266,and amendments thereto. The costs of the proceedings shall be paid from thegeneral fund of thecounty. When a final determination is made that the child is not a child inneed of care, the countyor district attorney shall notify the court in writing and the court, after ahearing, shall enterappropriate custody orders pursuant to this section. If the same judge presidesover bothproceedings, the notice is not required. Any disposition pursuant to therevised Kansas code for care ofchildren shall be binding and shall supersede any order under this section.
(6) Child health insurance coverage. The court may order thateach parent execute any and all documents, including any releases, necessary sothat both parents may obtain information from and to communicate with anyhealth insurance provider regarding the health insurance coverage provided bysuch health insurance provider to the child. The provisions of this paragraphshall apply irrespective of which parent owns, subscribes or pays for suchhealth insurance coverage.
(b) Financial matters. (1) Division of property. Thedecree shall divide the real andpersonal property of the parties, including any retirement and pension plans,whether owned byeither spouse prior to marriage, acquired by either spouse in the spouse's ownright after marriageor acquired by the spouses' joint efforts, by: (A) A division of the propertyin kind; (B) awardingthe property or part of the property to one of the spouses and requiring theother to pay a just andproper sum; or (C) ordering a sale of the property, under conditions prescribedby the court, anddividing the proceeds of the sale. Upon request, the trial court shall set avaluation date to be usedfor all assets at trial, which may be the date of separation, filing or trialas the facts andcircumstances of the case may dictate. The trial court may consider evidenceregarding changesin value of various assets before and after the valuation date in making thedivision of property.In dividing defined-contribution types of retirement and pension plans, thecourt shall allocateprofits and losses on the nonparticipant's portion until date of distributionto that nonparticipant.In making the division of property the court shall consider the age of theparties; the duration ofthe marriage; the property owned by the parties; their present and futureearning capacities; thetime, source and manner of acquisition of property; family ties andobligations; the allowance ofmaintenance or lack thereof; dissipation of assets; the tax consequences of theproperty divisionupon the respective economic circumstances of the parties; and such otherfactors as the courtconsiders necessary to make a just and reasonable division of property. Thedecree shall provide for any changes in beneficiary designation on: (A) Anyinsurance or annuity policy that is ownedby the parties, or in the case of group life insurance policies, under whicheither of the parties isa covered person; (B) any trust instrument under which one party is the grantoror holds a powerof appointment over part or all of the trust assets, that may be exercised infavor of either party;or (C) any transfer on death or payable on death account under which one orboth of the parties areowners or beneficiaries. Nothing in this section shall relieve the parties ofthe obligation toeffectuate any change in beneficiary designation by the filing of such changewith the insurer orissuer in accordance with the terms of such policy.
(2) Maintenance. The decree may award to either party an allowancefor future supportdenominated as maintenance, in an amount the court finds to be fair, just andequitable under allof the circumstances. The decree may make the future payments modifiable orterminable undercircumstances prescribed in the decree. The court may make a modification ofmaintenanceretroactive to a date at least one month after the date that the motion tomodify was filed with thecourt. In any event, the court may not award maintenance for a period of timein excess of 121months. If the original court decree reserves the power of the court to hearsubsequent motions forreinstatement of maintenance and such a motion is filed prior to the expirationof the stated periodof time for maintenance payments, the court shall have jurisdiction to hear amotion by therecipient of the maintenance to reinstate the maintenance payments. Upon motionand hearing, thecourt may reinstate the payments in whole or in part for a period of time,conditioned upon anymodifying or terminating circumstances prescribed by the court, but thereinstatement shall belimited to a period of time not exceeding 121 months. The recipient may filesubsequent motionsfor reinstatement of maintenance prior to the expiration of subsequent periodsof time formaintenance payments to be made, but no single period of reinstatement orderedby the court mayexceed 121 months. Maintenance may be in a lump sum, in periodic payments, on apercentageof earnings or on any other basis. At any time, on a hearing with reasonablenotice to the partyaffected, the court may modify the amounts or other conditions for the paymentof any portion ofthe maintenance originally awarded that has not already become due, but nomodification shall bemade without the consent of the party liable for the maintenance, if it has theeffect of increasingor accelerating the liability for the unpaid maintenance beyond what wasprescribed in the original decree. Except for good cause shown, every orderrequiring payment of maintenance under thissection shall require that the maintenance be paid through the central unitfor collection and disbursement of supportpayments designated pursuant to K.S.A. 23-4,118, and amendments thereto. Awritten agreementbetween the parties to make direct maintenance payments to the obligee and notpay through thecentral unit shall constitute good cause. If child support and maintenancepayments are both madeto an obligee by the same obligor, and if the court has made a determinationconcerning the mannerof payment of child support, then maintenance payments shall be paid in thesame manner.
(3) Separation agreement. If the parties have entered into aseparation agreement whichthe court finds to be valid, just and equitable, the agreement shall beincorporated in the decree.A separation agreement may include provisions relating to a parenting plan. Theprovisions of theagreement on all matters settled by it shall be confirmed in the decree exceptthat any provisionsrelating to the legal custody, residency, visitation parenting time, support oreducation of the minorchildren shall be subject to the control of the court in accordance with allother provisions of thisarticle. Matters settled by an agreement incorporated in the decree, other thanmatters pertainingto the legal custody, residency, visitation, parenting time, support oreducation of the minorchildren, shall not be subject to subsequent modification by the court except:(A) As prescribedby the agreement or (B) as subsequently consented to by the parties.
(4) Costs and fees. Costs and attorney fees may be awarded toeither party as justice andequity require. The court may order that the amount be paid directly to theattorney, who mayenforce the order in the attorney's name in the same case.
(c) Miscellaneous matters. (1) Restoration of name.Upon the request of a spouse, the courtshall order the restoration of that spouse's maiden or former name.Thecourt shall have jurisdiction to restore the spouse's maiden or former name ator after the time the decree of divorce becomes final. The judicialcouncil shall develop a form which is simple, concise and direct for use withthis paragraph.
(2) Effective date as to remarriage. Any marriage contracted by aparty, within or outsidethis state, with any other person before a judgment of divorce becomes finalshall be voidable untilthe decree of divorce becomes final. An agreement which waives the right ofappeal from thegranting of the divorce and which is incorporated into the decree or signed bythe parties and filedin the case shall be effective to shorten the period of time during which theremarriage is voidable.
60-1610.Decree; authorized orders.A decree in an action under this article may include orders on the followingmatters:
(a) Minor children. (1) Child support and education.The court shall make provisions forthe support and education of the minor children. The court may modify or changeany prior order,including any order issued in a title IV-D case, within three years of the dateof the original orderor a modification order, when a material change in circumstances is shown,irrespective of thepresent domicile of the child or the parents. If more than three years haspassed since the date ofthe original order or modification order, a material change in circumstanceneed not be shown. Thecourt may make a modification of child support retroactive to a date at leastone month after thedate that the motion to modify was filed with the court. Any increase insupport ordered effectiveprior to the date the court's judgment is filed shall not become a lien on realproperty pursuant to K.S.A. 60-2202 and amendments thereto. Regardless of thetype of custodial arrangement orderedby the court, the court may order the child support and education expenses tobe paid by either orboth parents for any child less than 18 years of age, at which age the supportshall terminate unless:(A) The parent or parents agree, by written agreement approved by the court, topay supportbeyond the time the child reaches 18 years of age; (B) the child reaches 18years of age beforecompleting the child's high school education in which case the support shallnot terminate automatically, unless otherwise ordered by the court, until June30 of the school year during whichthe child became 18 years of age if the child is still attending high school;or (C) the child is stilla bona fide high school student after June 30 of the school year during whichthe child became 18years of age, in which case the court, on motion, may order support to continuethrough the schoolyear during which the child becomes 19 years of age so long as the child is abona fide high schoolstudent and the parents jointly participated or knowingly acquiesced in thedecision which delayedthe child's completion of high school. The court, in extending support pursuantto subsection(a)(1)(C), may impose such conditions as are appropriate and shall set thechild support utilizingthe guideline table category for 12-year through 18-year old children.Provision for payment ofsupport and educational expenses of a child after reaching 18 years of age ifstill attending highschool shall apply to any child subject to the jurisdiction of the court,including those whosesupport was ordered prior to July 1, 1992. If an agreementapproved by the court prior to July 1, 1992, provides for termination ofsupport before the dateprovided by subsection (a)(1)(C), the court may review and modify suchagreement, and any orderbased on such agreement, to extend the date for termination of support to thedate provided bysubsection (a)(1)(C). For purposes of this section, "bona fide high schoolstudent" means a studentwho is enrolled in full accordance with the policy of the accredited highschool in which thestudent is pursuing a high school diploma or a graduate equivalency diploma(GED). Indetermining the amount to be paid for child support, the court shall considerall relevant factors,without regard to marital misconduct, including the financial resources andneeds of both parents, the financial resources and needs of the child and thephysical and emotional condition of the child.Until a child reaches 18 years of age, the court may set apart any portion ofproperty of either thehusband or wife, or both, that seems necessary and proper for the support ofthe child.Except for good cause shown, every order requiring payment of child supportunder this sectionshall require that the support be paid through the central unit forcollection and disbursement of support paymentsdesignated pursuant to K.S.A. 23-4,118, and amendments thereto. A writtenagreement betweenthe parties to make direct child support payments to the obligee and not paythrough the centralunit shall constitute good cause, unless the court finds the agreement is notin the best interest ofthe child or children. The obligor shall file such written agreement with thecourt. The obligor shallmaintain written evidence of the payment of the support obligation and, atleast annually, shallprovide such evidence to the court and the obligee. If the divorce decree ofthe parties provides foran abatement of child support during any period provided in such decree, thechild support suchnonresidential parent owes for such period shall abate during such period oftime, except that ifthe residential parent shows that the criteria for the abatement has not beensatisfied there shall notbe an abatement of such child support.
(2) Child custody and residency. (A) Changes incustody. Subject to the provisions of theuniform child custody jurisdiction and enforcement act (K.S.A. 38-1336 through38-1377, andamendments thereto), the court may change or modify any prior order of custody,residency,visitation and parenting time, when a material change of circumstances isshown, but no ex parteorder shall have the effect of changing residency of a minor child from theparent who has had thesole de facto residency of the child to the other parent unless there is sworntestimony to supporta showing of extraordinary circumstances. If an interlocutory order is issuedex parte, the courtshall hear a motion to vacate or modify the order within 15 days of the datethat a party requestsa hearing whether to vacate or modify the order.
(B) Examination of parties. The court may order physical or mentalexaminations of theparties if requested pursuant to K.S.A. 60-235 and amendments thereto.
(3) Child custody or residency criteria. The court shall determinecustody or residency ofa child in accordance with the best interests of the child.
(A) If the parties have entered into a parenting plan, it shall be presumedthat theagreement is in the best interests of the child. This presumption may beovercome and the courtmay make a different order if the court makes specific findings of fact statingwhy the agreedparenting plan is not in the best interests of the child.
(B) In determining the issue of child custody, residency and parenting time,the court shallconsider all relevant factors, including but not limited to:
(i) The length of time that the child has been under the actual care andcontrol of anyperson other than a parent and the circumstances relating thereto;
(ii) the desires of the child's parents as to custody or residency;
(iii) the desires of the child as to the child's custody or residency;
(iv) the interaction and interrelationship of the child with parents,siblings and any otherperson who may significantly affect the child's best interests;
(v) the child's adjustment to the child's home, school and community;
(vi) the willingness and ability of each parent to respect and appreciate thebond betweenthe child and the other parent and to allow for a continuing relationshipbetween the child and theother parent;
(vii) evidence of spousal abuse;
(viii) whether a parent is subject to the registrationrequirements of the Kansas offender registration act, K.S.A. 22-4901, et seq.,and amendments thereto, or any similar act in any other state, or undermilitary orfederal law;
(ix) whether a parent has been convicted of abuse of a child, K.S.A. 21-3609,and amendments thereto;
(x) whether a parent is residing with an individual who issubject to registration requirements of the Kansas offender registration act,K.S.A. 22-4901, et seq., and amendments thereto, or any similar act in anyother state, or under military or federal law; and
(xi) whether a parent is residing with an individual who has been convictedof abuse of a child, K.S.A. 21-3609, and amendments thereto.
(C) Neither parent shall be considered to have a vested interest inthe custody orresidency ofany child as against the other parent, regardless of the age of the child, andthere shall be nopresumption that it is in the best interests of any infant or young child togive custody or residencyto the mother.
(D) There shall be a rebuttable presumption that it is not in the bestinterest of the child to have custody or residency granted to a parent who:
(i) Is residing with an individual who is subject toregistration requirements of the Kansas offender registration act, K.S.A.22-4901, et seq., and amendments thereto, or any similar act in any otherstate,or under military or federal law; or
(ii) is residing with an individual who has been convicted of abuse of achild, K.S.A. 21-3609, and amendments thereto.
(4) Types of legal custodial arrangements. Subject to theprovisions of this article, thecourt may make any order relating to custodial arrangements which is in thebest interests of thechild. The order shall provide one of the following legal custody arrangements,in the order ofpreference:(A) Joint legal custody. The court may order the joint legalcustody of a child with bothparties. In that event, the parties shall have equal rights to make decisionsin the best interests ofthe child.
(B) Sole legal custody. The court may order the sole legal custodyof a child with one of the parties when the court finds that it is not in thebest interests of the childthat both of the partieshave equal rights to make decisions pertaining to the child. If the court doesnot order joint legalcustody, the court shall include on the record specific findings of fact uponwhich the order for solelegal custody is based. The award of sole legal custody to one parent shall notdeprive the otherparent of access to information regarding the child unless the court shall soorder, stating thereasons for that determination.
(5) Types of residential arrangements. After making adetermination of the legal custodialarrangements, the court shall determine the residency of the child from thefollowing options,which arrangement the court must find to be in the best interest of the child.The parties shallsubmit to the court either an agreed parenting plan or, in the case of dispute,proposed parentingplans for the court's consideration. Such options are:
(A) Residency. The court may order a residential arrangement inwhich the child resideswith one or both parents on a basis consistent with the best interests of thechild.
(B) Divided residency. In an exceptional case, the court may ordera residentialarrangement in which one or more children reside with each parent and haveparenting time withthe other.
(C) Nonparental residency. If during the proceedings the courtdetermines that there isprobable cause to believe that the child is a child in need of care as definedby subsections (d)(1), (d)(2), (d)(3) or (d)(11) ofK.S.A. 2009 Supp.38-2202,and amendments thereto, or that neither parent isfit to have residency,the court may award temporary residency of the child to a grandparent, aunt,uncle or adult sibling,or, another person or agency if the court findsby written order that: (i) (a) The child is likely to sustain harm if notimmediately removed from the home;
(b) allowing the child to remain in home is contrary to the welfare of thechild; or
(c) immediate placement of the child is in the best interest of the child;and
(ii) reasonable efforts have been made to maintain the family unit andprevent the unnecessary removal of the child from the child's home or that anemergency exists which threatens the safety to the child. In making such aresidency order, the courtshall give preference, tothe extent that the court finds it is in the best interests of the child, firstto awarding such residencyto a relative of the child by blood, marriage or adoption and second toawarding such residency toanother person with whom the child has close emotional ties. The court may maketemporaryorders for care, support, education and visitation that it considersappropriate. Temporary residencyorders are to be entered in lieu of temporary orders provided for in K.S.A.2009 Supp. 38-2243 and 38-2244,and amendments thereto, and shall remain in effect until there is a finaldetermination under the revisedKansas code for care of children. An award of temporary residency under thisparagraph shall not terminate parental rights nor give the court the authorityto consent to the adoption of the child.When the court enters orders awarding temporary residency of the child to anagency or a personother than the parent, the court shall refer a transcript of the proceedings tothe county or districtattorney. The county or district attorney shall file a petition as provided inK.S.A. 2009 Supp.38-2234, andamendments thereto, and may request termination of parental rightspursuant toK.S.A. 2009 Supp.38-2266,and amendments thereto. The costs of the proceedings shall be paid from thegeneral fund of thecounty. When a final determination is made that the child is not a child inneed of care, the countyor district attorney shall notify the court in writing and the court, after ahearing, shall enterappropriate custody orders pursuant to this section. If the same judge presidesover bothproceedings, the notice is not required. Any disposition pursuant to therevised Kansas code for care ofchildren shall be binding and shall supersede any order under this section.
(6) Child health insurance coverage. The court may order thateach parent execute any and all documents, including any releases, necessary sothat both parents may obtain information from and to communicate with anyhealth insurance provider regarding the health insurance coverage provided bysuch health insurance provider to the child. The provisions of this paragraphshall apply irrespective of which parent owns, subscribes or pays for suchhealth insurance coverage.
(b) Financial matters. (1) Division of property. Thedecree shall divide the real andpersonal property of the parties, including any retirement and pension plans,whether owned byeither spouse prior to marriage, acquired by either spouse in the spouse's ownright after marriageor acquired by the spouses' joint efforts, by: (A) A division of the propertyin kind; (B) awardingthe property or part of the property to one of the spouses and requiring theother to pay a just andproper sum; or (C) ordering a sale of the property, under conditions prescribedby the court, anddividing the proceeds of the sale. Upon request, the trial court shall set avaluation date to be usedfor all assets at trial, which may be the date of separation, filing or trialas the facts andcircumstances of the case may dictate. The trial court may consider evidenceregarding changesin value of various assets before and after the valuation date in making thedivision of property.In dividing defined-contribution types of retirement and pension plans, thecourt shall allocateprofits and losses on the nonparticipant's portion until date of distributionto that nonparticipant.In making the division of property the court shall consider the age of theparties; the duration ofthe marriage; the property owned by the parties; their present and futureearning capacities; thetime, source and manner of acquisition of property; family ties andobligations; the allowance ofmaintenance or lack thereof; dissipation of assets; the tax consequences of theproperty divisionupon the respective economic circumstances of the parties; and such otherfactors as the courtconsiders necessary to make a just and reasonable division of property. Thedecree shall provide for any changes in beneficiary designation on: (A) Anyinsurance or annuity policy that is ownedby the parties, or in the case of group life insurance policies, under whicheither of the parties isa covered person; (B) any trust instrument under which one party is the grantoror holds a powerof appointment over part or all of the trust assets, that may be exercised infavor of either party;or (C) any transfer on death or payable on death account under which one orboth of the parties areowners or beneficiaries. Nothing in this section shall relieve the parties ofthe obligation toeffectuate any change in beneficiary designation by the filing of such changewith the insurer orissuer in accordance with the terms of such policy.
(2) Maintenance. The decree may award to either party an allowancefor future supportdenominated as maintenance, in an amount the court finds to be fair, just andequitable under allof the circumstances. The decree may make the future payments modifiable orterminable undercircumstances prescribed in the decree. The court may make a modification ofmaintenanceretroactive to a date at least one month after the date that the motion tomodify was filed with thecourt. In any event, the court may not award maintenance for a period of timein excess of 121months. If the original court decree reserves the power of the court to hearsubsequent motions forreinstatement of maintenance and such a motion is filed prior to the expirationof the stated periodof time for maintenance payments, the court shall have jurisdiction to hear amotion by therecipient of the maintenance to reinstate the maintenance payments. Upon motionand hearing, thecourt may reinstate the payments in whole or in part for a period of time,conditioned upon anymodifying or terminating circumstances prescribed by the court, but thereinstatement shall belimited to a period of time not exceeding 121 months. The recipient may filesubsequent motionsfor reinstatement of maintenance prior to the expiration of subsequent periodsof time formaintenance payments to be made, but no single period of reinstatement orderedby the court mayexceed 121 months. Maintenance may be in a lump sum, in periodic payments, on apercentageof earnings or on any other basis. At any time, on a hearing with reasonablenotice to the partyaffected, the court may modify the amounts or other conditions for the paymentof any portion ofthe maintenance originally awarded that has not already become due, but nomodification shall bemade without the consent of the party liable for the maintenance, if it has theeffect of increasingor accelerating the liability for the unpaid maintenance beyond what wasprescribed in the original decree. Except for good cause shown, every orderrequiring payment of maintenance under thissection shall require that the maintenance be paid through the central unitfor collection and disbursement of supportpayments designated pursuant to K.S.A. 23-4,118, and amendments thereto. Awritten agreementbetween the parties to make direct maintenance payments to the obligee and notpay through thecentral unit shall constitute good cause. If child support and maintenancepayments are both madeto an obligee by the same obligor, and if the court has made a determinationconcerning the mannerof payment of child support, then maintenance payments shall be paid in thesame manner.
(3) Separation agreement. If the parties have entered into aseparation agreement whichthe court finds to be valid, just and equitable, the agreement shall beincorporated in the decree.A separation agreement may include provisions relating to a parenting plan. Theprovisions of theagreement on all matters settled by it shall be confirmed in the decree exceptthat any provisionsrelating to the legal custody, residency, visitation parenting time, support oreducation of the minorchildren shall be subject to the control of the court in accordance with allother provisions of thisarticle. Matters settled by an agreement incorporated in the decree, other thanmatters pertainingto the legal custody, residency, visitation, parenting time, support oreducation of the minorchildren, shall not be subject to subsequent modification by the court except:(A) As prescribedby the agreement or (B) as subsequently consented to by the parties.
(4) Costs and fees. Costs and attorney fees may be awarded toeither party as justice andequity require. The court may order that the amount be paid directly to theattorney, who mayenforce the order in the attorney's name in the same case.
(c) Miscellaneous matters. (1) Restoration of name.Upon the request of a spouse, the courtshall order the restoration of that spouse's maiden or former name.Thecourt shall have jurisdiction to restore the spouse's maiden or former name ator after the time the decree of divorce becomes final. The judicialcouncil shall develop a form which is simple, concise and direct for use withthis paragraph.
(2) Effective date as to remarriage. Any marriage contracted by aparty, within or outsidethis state, with any other person before a judgment of divorce becomes finalshall be voidable untilthe decree of divorce becomes final. An agreement which waives the right ofappeal from thegranting of the divorce and which is incorporated into the decree or signed bythe parties and filedin the case shall be effective to shorten the period of time during which theremarriage is voidable.
