In the Matter of the Marriage of KRISTINA BRIN, Appellee, and MARK BRIN, Appellant.
BY THE COURT
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.
district court's use of the Kansas Child Support
Guidelines is mandatory.
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
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
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
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.
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 ...