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Child Support Award Vacated by Kansas Court of Appeals for Due Process Violation

July 5, 2016

In Fuller v. Fuller (2016), the Kansas Court of Appeals vacated a child support award from the McPherson, Kansas, District Court Judge after it had determined that the District Court had violated the Mother’s due process rights. The District Court had originally allowed a child support adjustment at the request of the Father without the Mother receiving proper notice of Father’s request. In the Fuller case, Mother requested a modification of child support. At her hearing on this motion to modify, Father requested adjustments of his own. The Court granted Father’s requested child support adjustments. Kansas requires that if a person is requesting a child support adjustment (or is opposing one), they must file a timely Domestic Relations Affidavit and proposed child support worksheet. The purpose of filing these documents is to give notice to the opposing party as to exactly what you are asking a Court to consider. In the Fuller case, Father failed to file the appropriate documents before the hearing and serve them on Mother. For this reason, the Appeals Court vacated the child support adjustment given to Father, and sent it back to the District Court Judge for further proceedings.

Know your rights and responsibilities when you become involved in a child support modification.