Chalmers v. Burrough (Kansas 2020)

No. 121, 108 Kan. Ct. App. 2020)
July 2020

A parent must substantially comply with the requirements in the Uniform Interstate Family Support Act (UIFSA) to register an out-of-state order for enforcement and modification. The father filed to register and modify a Florida child support order in Kansas. The father didn’t attach a copy of the Florida order, which was required in the statute. The mother didn’t file an answer within the required 20 days. The trial court registered and modified the order. The mother moved to dismiss the case, arguing the registration didn’t comply with the statutory requirements, which meant the trial court had no subject matter jurisdiction. The district court granted her motion. The father appealed. He argued the mother didn’t timely raise her objection. The court of appeals affirmed the order. The court of appeals found that the mother challenged the court’s subject matter jurisdiction, a challenge which could be raised at any time. The time limits attached to the defenses against registration in UIFSA didn’t apply. The father argued that his motion contained enough information to substantially comply with the UIFSA registration requirements. The appellate court found that attaching the order to be registered was a critical component of registration.