Can a Kansas Divorce Judgment Be Modified?

By Stephanie Reid

Your divorce decree provides a guide for you and your former spouse as you continue with life after divorce. It sets out the amount of child support or alimony owed each month, specific child custody arrangements and property divisions like who gets to keep the house. As the months and years go by, however, it may become necessary to modify some of the original tenets of the divorce decree as each spouse's life changes and evolves. The court will generally award modifications for child support, spousal support, child custody and parenting plans with adequate proof of the need for a change.

Your divorce decree provides a guide for you and your former spouse as you continue with life after divorce. It sets out the amount of child support or alimony owed each month, specific child custody arrangements and property divisions like who gets to keep the house. As the months and years go by, however, it may become necessary to modify some of the original tenets of the divorce decree as each spouse's life changes and evolves. The court will generally award modifications for child support, spousal support, child custody and parenting plans with adequate proof of the need for a change.

Property Division

The most difficult aspect of a divorce decree to modify is the division of marital property. Marital property includes all personal and real property, assets and debts obtained during the marriage. In general, courts will modify a property distribution award only in the event of fraud, mistake, inadvertence, surprise or excusable neglect. The divorce court may also change a property distribution award if a party has discovered new evidence that was not known at the time of the original hearing. In Kansas, the parties have only one year from the entry of the divorce judgment to make a motion for modification citing one of these reasons. Otherwise, property distribution orders are final.

Divorce is never easy, but we can help. Learn More

Parenting Plans

In Kansas, divorcing spouses are required to enter into a parenting plan detailing child custody, expenses and dispute resolution. The plan is reviewed by the judge and, once approved, both parents must follow each requirement; the plan cannot be modified without an investigation by the court into the reason behind the requested change. Before the court will authorize a modification, a substantial and material change affecting the best interests of the child must be shown. Changes can include instability of the living arrangement, substance abuse issues, financial problems, behavioral or medical changes and one parent's interference of the other parent's ability to maintain a beneficial relationship with the child. Parties must submit a motion detailing specific reasons for the requested modification, which can be heard on an emergency basis if necessary. If parents cannot agree to changes on their own, a full hearing will be held, at which time the judge will hear evidence from both parents.

Child Support

Modification of a child support order requires a showing of significant financial changes for either party. If the income of either parent increases or decreases by 10 percent or greater, the court may issue a modification. Other changes include the child entering into a higher age group, emancipation of the child or failure of either parent to abide by the parenting plan. As with all modifications in Kansas, parties seeking to modify child support must submit a motion to the court and list specific facts as to why the court should change the monthly payment amount; parents who cannot agree to a modified amount must attend a hearing on the issue and present evidence as to why the support amount should, or should not, be changed.

Spousal Maintenance

Spousal maintenance, or alimony, is modifiable based on the terms found in the individual divorce decree. There are no set statutory conditions in Kansas requiring a modification of support, so parties are free to come up with modification terms while negotiating the marital settlement agreement. For example, many couples agree that modification will cease upon remarriage or cohabitation of the recipient spouse with an adult of the opposite sex. Under Kansas law, spousal support cannot extend longer than 121 months absent a different agreement by the parties.

Divorce is never easy, but we can help. Learn More
Instructions to Modify a Divorce Decree in Washington

References

Related articles

What to Expect at a Child Support Modification Hearing in California?

A hearing for a modification of child support can be a stressful event, especially if the parties involved do not know what to expect in the courtroom. Much like any California court proceeding, the two opposing parties will be present along with any legal counsel they've hired. A judge will also be present to preside over the hearing and ultimately decide the case.

How Can I Get Alimony Modified in Florida?

Alimony is monetary support one spouse pays to the other after a divorce. In Florida, temporary, or rehabilitative, alimony is paid to provide a spouse with the opportunity to rehabilitate career or work skills. Permanent alimony is paid indefinitely, usually in long marriages where the receiving spouse did not develop work skills during the marriage. Florida courts modify alimony when there has been a substantial change in circumstances.

How to Renegotiate a Divorce in Iowa

Getting divorced can be a major first step toward a new life. As couples move on, conditions may have changed considerably since the marriage dissolved. In Iowa, judges have the power to modify parts of a divorce decree, including alimony, child support and custody, when unanticipated changes have occurred. Understanding which factors the court can consider, as well as what aspects of the divorce decree are generally not capable of modification, will help you if you seek to renegotiate your divorce in Iowa.

Get Divorced Online

Related articles

How to Modify Your Divorce in Oklahoma

When a couple obtains a final divorce decree in Oklahoma, the order includes certain provisions that govern issues like ...

Modified Judgment of Divorce in Michigan

When Michigan courts make decisions in a divorce case, they base those decisions on the facts known at the time of the ...

Divorce & Changes in Circumstance in Massachusetts

Ideally, if a significant change occurs in your life, it will happen while you are in mid-divorce, so your eventual ...

Petition for Alimony Modification

After divorce, life progresses as jobs and promotions are gained and lost, and health declines. Many changes affect ...

Browse by category