In re the Marriage of Funk

107 P.3d 447, 33 Kan. App. 2d 687, 2005 Kan. App. LEXIS 184
CourtCourt of Appeals of Kansas
DecidedMarch 4, 2005
DocketNo. 92,332
StatusPublished

This text of 107 P.3d 447 (In re the Marriage of Funk) is published on Counsel Stack Legal Research, covering Court of Appeals of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Marriage of Funk, 107 P.3d 447, 33 Kan. App. 2d 687, 2005 Kan. App. LEXIS 184 (kanctapp 2005).

Opinion

Caplinger, J.:

Byron Funk appeals from the district court’s decision holding that he was obligated to pay child support, insurance premiums, and uncovered medical expenses through June 2003 despite his child’s attaining the age of 18 in May 2002. We reverse the district court’s holding and find that under the circumstances of this case, the trial court erred in interpreting K.S.A. 2004 Supp. [688]*68860-1610(a)(l) to allow a retroactive grant of child support and insurance payments beyond June 30 of the school year during which the child became 18 years of age.

Byron and Wanda Funk were divorced on September 10, 1997. The final divorce decree mirrored the terms of a negotiated settlement agreement. At the time of their divorce, Byron and Wanda were the parents of two minor children, Clayton and Landon. Wanda was awarded residential custody of the younger of the two children, Landon. Pursuant to the decree, Byron was ordered to pay $700 per month in child support for Landon’s care and support. The divorce decree contained the following language:

“Pursuant to and as required by K.S.A. 2004 Supp. 60-1610 all child support payments shall continue until the child attains the age of 18 years or if said child reaches 18 years of age before completing the child’s high school education, then to continue to June 30 of the school year during which the child became 18 years of age, if the child is still attending high school. Child support shall further terminate upon emancipation of the child by law or further order of this Court.” (Emphasis added.)

Landon turned 18 years old on May 12, 2002, while a junior in high school. At the time of his 18th birthday, Landon was still attending classes for his junior year. Thus, under the parties’ divorce decree, Byron’s support for Landon terminated on June 30, 2002.

Landon graduated from high school in May 2003. Seven months later, in December 2003, counsel for Wanda filed a motion for indirect contempt of court. The motion was set for hearing on Februaiy 18, 2004. At the hearing, the court considered whether Byron was responsible for child support payments, insurance premiums, and medical expenses during Landon’s senior year of high school — after Landon’s 18th birthday, or more specifically, after June 30, 2002, as agreed upon by the parties.

The trial court entered judgment for Wanda on March 16,2004. The court found Byron responsible for child support obligations, insurance premiums, and uncovered medical expenses through June 30, 2003. The trial court also awarded Wanda interest and attorney fees.

[689]*689Byron contends that the trial court’s judgment requiring him to pay child support and other obligations beyond June 30, 2002, was contrary to K.S.A. 2004 Supp. 60-1610 and the original divorce setdement agreement.

K.S.A. 2004 Supp. 60-1610 provides the following:

“(a) Minor children. (1) Child support and education. The court shall make provisions for the support and education of the minor children. . . . Regardless of the type of custodial arrangement ordered by the court, the court may order the child support and education expenses to be paid by either or both parents for any child less than 18 years of age, at which age the support shall terminate unless: (A) The parent or parents agree, by written agreement approved by the court, to pay support beyond the time the child reaches 18 years of age; (B) the child reaches 18 years of age before completing the child’s high school education in which case the support shall not terminate automatically unless otherwise ordered by the court, until June 30 of the school year during which the child became 18 years of age if the child is still attending high school-, or (C) the child is still abona fide high school student after June 30 of the school year during which the child became 18 years of age, in which case the court, on motion, may order support to continue through the school year during which the child becomes 19 years of age so long as the child is a bona fide high school student and the parents jointly participated or knowingly acquiesced in the decision which delayed the child’s completion of high school.” (Emphasis added.) K.S.A. 2004 Supp. 60-1610.

The language of K.S.A. 2004 Supp. 60-1610(a)(l) is clear. Under Kansas law, a parent’s obligation to pay child support terminates when the child reaches age 18 unless one of three exceptions occur. Thus, Byron’s duty to support Landon terminated when Landon turned 18 on May 12, 2002, unless one of the three exceptions applied. We consider the possible application of each of these exceptions below.

KS.A. 2004 Supp. 60-1610(a)(l)(A)

The first exception to the general termination date occurs when the parents of a child agree in a written agreement approved by the court to extend child support beyond a child’s 18th birthday. K.S.A. 2004 Supp. 60-1610(a)(l)(A). Here, Wanda and Byron did agree, as reflected in their divorce decree, to continue child support to June 30 of the school year during which Landon turned 18. While Wanda testified that the parties had reached an agreement [690]*690during mediation whereby Byron agreed to provide support through Landon’s senior year of high school, Wanda conceded that the agreement was not signed by Byron and was never presented to the court for approval. Therefore, while the parties agreed to extend child support to June 30, 2002, they did not agree to extend Byron’s child support obligation through Landon’s senior year, and this exception cannot support the trial court’s ruling.

K.S.A. 2004 Supp. 60-1610(a)(l)(B)

Even if the parties had not agreed to extend support through June 30 of the school year in which Landon turned 18, the second exception to the general rule regarding termination of support would have had the same effect. Under K.S.A. 2004 Supp. 60-1610(a)(1)(B), a parent’s child support obligation will not automatically cease until June 30 of the school year when the child turns 18. K.S.A. 2004 Supp. 60-1610(a)(l)(B). However, the statute automatically terminates the support obligation on June 30 of that year. Thus, K.S.A. 2004 Supp. 60-1610(a)(l)(B) did not provide authority for the trial court’s decision to extend child support through Landon’s senior year.

K S.A. 2004 Supp. 60-1610(a)(1 )(C)

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Related

In re the Marriage of Bunting
912 P.2d 165 (Supreme Court of Kansas, 1996)

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Bluebook (online)
107 P.3d 447, 33 Kan. App. 2d 687, 2005 Kan. App. LEXIS 184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-funk-kanctapp-2005.