Title: Kansas: In the Matter of the Marriage of Vance Edward White, Appellant, and Christine White, Appelle. BY: Dawn S.

Link for opinion:  http://www.lexisnexis.com.proxy.msbcollege.edu/hottopics/lnacademic/

The Kansas Court of Appeals held in In the Matter of the Marriage of Vance Edward White, Appellant, and Christine White, Appelle, 255 p.3d 51; 2011 Kan. App. Unpub. LEXIS 500 that the district court was not required to find a material change of circumstances before modifying Vance’s child support obligation and reversed and remanded for a correct calculation of Vance’s child support obligation.

In October 2007 Vance filed for divorce from Christine White.  The district court entered a divorce decree on February 28, 2008 which included a marital settlement agreement and permanent parenting plan.  The parties agreed to share custody and expenses for their two daughters, and Christine agreed to pay Vance $333 per month in child support.

In July 2009, a hearing was held to determine if the parties’ children should reside primarily with Christine, based on Vance’s current living situation.  Vance didn’t attend the hearing.  Christine testified that Vance was an alcoholic and an obsessive hoarder who lived in a studio-type motel room with just one bed.  The court then entered a order that designated Christine as the permanent primary custodian of their children and removed her monthly child support obligation and added that Vance was ordered to pay $105 per month in child support.

In February 2010 Christine filed a motion to modify the child support.  Christine claimed that Vance was working as a contract attorney defending criminals in Bourbon County, Kansas.  The hearing officer then modified Vance’s child support to $345 a month.

In June 2010 the district held an evidentiary hearing to revisit the modification of child support.  It was found that with other expenses for the children, including health and dental insurance and work related childcare costs, the district court ordered Vance to pay $358 per month in child support.

Labels for the post:child support, child custody, parenting, modified, domestic relations, settlement agreement