Printable Format23-36,604. Choice of law. (a) Except as otherwise provided in subsection (d), the law of the issuing state or foreign country governs:
(1) The nature, extent, amount and duration of current payments under a registered support order;
(2) the computation and payment of arrearages and accrual of interest on the arrearages under the support order; and
(3) the existence and satisfaction of other obligations under the support order.
(b) In a proceeding for arrears under a registered support order, the statute of limitation of this state, or of the issuing state or foreign country, whichever is longer, applies.
(c) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this state.
(d) After a tribunal of this or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.
History: L. 1994, ch. 301, § 69; L. 2015, ch. 64, § 45; July 1.
Source or Prior Law:
23-9,604.
CASE ANNOTATIONS
1. Kansas court required to apply Missouri law which provides for child support until age 22 if child is making satisfactory progress in college. In re Marriage of Riggle, 30 Kan. App. 2d 967, 52 P.3d 360 (2002).
2. Oklahoma law to be applied to unsatisfied child support judgment being enforced in Kansas; specific provisions of K.S.A. 23-9,604 control over general dormancy and revivor sections, K.S.A. 60-2403 and 60-2404. Hale v. Hale, 33 Kan. App. 2d 769, 108 P.3d 1012 (2005).
3. Law of the issuing state governs obligations of support and arrearages. In re Marriage of Ormsbee, 39 Kan. App. 2d 715, 718, 720, 721, 723, 186 P.3d 806 (2008).