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In re Marriage of Brin

Court of Appeals of Kansas

October 21, 2016

In the Matter of the Marriage of KRISTINA BRIN, Appellee, and MARK BRIN, Appellant.

         SYLLABUS BY THE COURT

         1.

         An appellate court reviews a district court's child support order for any abuse of discretion. In considering whether the district court's factual findings are supported by substantial evidence and are sufficient to support the district court's legal conclusions, an appellate court does not reweigh conflicting evidence, pass on the credibility of witnesses, or redetermine factual questions. To the contrary, the appellate court views the facts in the light favoring the prevailing party in the district court. But the interpretation and application of the Kansas Child Support Guidelines are matters over which an appellate court's review is unlimited.

         2.

         The district court's use of the Kansas Child Support Guidelines is mandatory.

         3.

         When parents share the children's time equally or nearly equally, under § III.B.7 of the Kansas Child Support Guidelines (2015 Kan. Ct. R. Annot. 117), the district court has discretion to use either the shared expense formula or the equal parenting time formula in calculating child support.

         4.

         Under the facts presented, the district court did not err in including the children's nonwaking hours in determining whether their parents had equal or nearly equal parenting time.

         5.

         In order to make an adjustment of a parent's child support obligation under § IV.E.2 of the Kansas Child Support Guidelines (2015 Kan. Ct. R. Annot. 126), the district court uses either the actual cost adjustment or the time formula adjustment.

         6.

         To make a child support adjustment based on actual costs under the Kansas Child Support Guidelines § IV.E.2.a. (2015 Kan. Ct. R. Annot. 127), the district court considers (1) the fixed obligations of the parent having primary residency that are attributable to the child and any savings because of the time spent with the nonprimary residency parent, and (2) the increased cost of additional parenting time to the parent having nonprimary residency.

         7.

         When using the time formula for granting an adjustment to a parent's child support obligation under the Kansas Child Support Guidelines § IV.E.2.b. (2015 Kan. Ct. R. Annot. 127), the district court considers the amount of time the nonprimary residency parent spends with the children rather than specific expenses incurred. Use of the Guidelines' time formula adjustment is discretionary, but under § IV.E.2.b. of the Guidelines (2015 Kan. Ct. R. Annot. 127) the district court shall determine whether ...


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