In re Marriage of Myers (Kansas 2002)

56 P.3d 1286, 30 Kan.App.2d 1223 (Kan.App. 2002)
November 2002

When both parties to a divorce and the subject child or children have moved out of Kansas, Kansas loses continuing, exclusive jurisdiction to modify a child support order under K.S.A.2001 Supp. 23-9,205(a)(1). The nonresident parties cannot re-bestow subject matter jurisdiction on the Kansas court by filing written consents under K.S.A.2001 Supp. 23-9,205(a)(2). Such a method is available to place jurisdiction only in another state. In the absence of a petition to transfer the case under K.S.A.2001 Supp. 23-9,301(a), a Kansas district court that has lost continuing, exclusive jurisdiction under K.S.A.2001 Supp. 23-9,205(a)(1), cannot hear and decide a motion to modify child support.

In re Marriage of Myers.pdf