Section 23-36,704 – Initiation by department for children and families of support proceeding under convention

May 13, 2021 | Family Law, Kansas

(a) In a support proceeding under this part, the department for children and families of this state shall:

(1) Transmit and receive applications; and
(2) initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.
(b) The following support proceedings are available to an obligee under the convention:

(1) Recognition or recognition and enforcement of a foreign support order;
(2) enforcement of a support order issued or recognized in this state;
(3) establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;
(4) establishment of a support order if recognition of a foreign support order is refused under K.S.A. 2020 Supp. 23-36,708(b)(2), (4) or (9), and amendments thereto;
(5) modification of a support order of a tribunal of this state; and
(6) modification of a support order of a tribunal of another state or a foreign country.
(c) The following support proceedings are available under the convention to an obligor against which there is an existing support order:

(1) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state;
(2) modification of a support order of a tribunal of this state; and
(3) modification of a support order of a tribunal of another state or a foreign country.
(d) A tribunal of this state may not require security, bond or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.

K.S.A. 23-36,704

Added by L. 2015, ch. 64,ยง 60, eff. 7/1/2015.