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Martin v. Phillips

Court of Appeals of Kansas

April 10, 2015

KIMBRA (PHILLIPS) MARTIN, Appellee,
v.
DANIEL PHILLIPS, Appellant

Appeal from Johnson District Court; CHRISTINA DUNN GYLLENBORG, judge.

SYLLABUS

BY THE COURT

1. The Uniform Interstate Family Support Act (UIFSA) applies generally to interstate efforts to enforce support orders. Under UIFSA, support orders include not only the underlying child or spousal support but also related items such as health-care expenses ordered reimbursed, attorney fees, and interest on sums otherwise owed.

2. Under UIFSA, in a court proceeding for arrearages, the forum court considers whether to apply the statute of limitations of the forum state or of the state that issued the support order. The court must apply the longer of the limitation periods.

3. A proceeding seeking the collection of any overdue amounts that are owed under a support order as defined in UIFSA is a proceeding for arrearages in which the forum court must apply the longer statute of limitations of the forum state or the issuing state.

Allison Kort and Scott H. Kreamer, of Hubbard, Ruzicka, Kreamer & Kincaid L.C., of Olathe, for appellant.

Kimbra L. Martin, appellee, Pro se.

Before HILL, P.J., GREEN and LEBEN, JJ.

OPINION

Page 1034

Leben, J.:

Daniel Phillips appeals the district court's enforcement of child-support orders against him based on a claim that the orders arose out of Washington state and that the claims should no longer be collectible under a 10-year Washington limitation period. But the applicable statute in both Kansas and Washington provides that in an interstate proceeding for arrearages--or overdue payments-- [51 Kan.App.2d 394] the longer limitation period between the forum state (here, Kansas) and the other state shall apply. The district court properly found that this was a proceeding for arrearages and applied the longer Kansas limitation period. We therefore affirm the district court's judgment.

Factual and Procedural Background

The parties were divorced in 1989 in Johnson County, Kansas, but their litigation has taken them to the state courts of Kansas, Missouri, and Washington, as well as to federal court. Four years ago, our court appropriately described the history of this case as " long and tortuous." In re Marriage of Phillips, 238 P.3d 763, 2010 WL 3731572, at *1 (Kan. App. 2010) (unpublished opinion), rev. denied291 Kan. 912 (2011). We ...


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