Session of 1998
                   
HOUSE BILL No. 2652
         
By Representative O'Neal
         
1-20
            9             AN ACT concerning children; relating to paternity and visitation rights;
10             amending K.S.A. 1997 Supp. 38-1121 and repealing the existing
11             section.
12            
13       Be it enacted by the Legislature of the State of Kansas:
14           New Section 1. (a) If the secretary of social and rehabilitation serv-
15       ices provides title IV-D child support enforcement services to assist in
16       the establishment of paternity pursuant to K.S.A. 39-753, and amend-
17       ments thereto, and the Kansas parentage act, and paternity is established,
18       the father may request visitation rights be issued by the court pursuant
19       to K.S.A. 38-1121, and amendments thereto.
20           (b) Except as provided is subsection (b) of K.S.A. 39-759, and amend-
21       ments thereto, nothing in this section shall prohibit the secretary of social
22       and rehabilitation services from releasing or disclosing information to fa-
23       cilitate such visitation rights.
24           Sec. 2. K.S.A. 1997 Supp. 38-1121 is hereby amended to read as
25       follows: 38-1121. (a) The judgment or order of the court determining the
26       existence or nonexistence of the parent and child relationship is deter-
27       minative for all purposes, but if any person necessary to determine the
28       existence of a father and child relationship for all purposes has not been
29       joined as a party, a determination of the paternity of the child shall have
30       only the force and effect of a finding of fact necessary to determine a
31       duty of support.
32           (b) If the judgment or order of the court is at variance with the child's
33       birth certificate, the court shall order that a new birth certificate be is-
34       sued, but only if any man named as the father on the birth certificate is
35       a party to the action.
36           (c) Upon adjudging that a party is the parent of a minor child, the
37       court shall make provision for support and education of the child includ-
38       ing the necessary medical expenses incident to the birth of the child. The
39       court may order the support and education expenses to be paid by either
40       or both parents for the minor child. When the child reaches 18 years of
41       age, the support shall terminate unless: (1) The parent or parents agree,
42       by written agreement approved by the court, to pay support beyond that
43       time; (2) the child reaches 18 years of age before completing the child's

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  1       high school education in which case the support shall not automatically
  2       terminate, unless otherwise ordered by the court, until June 30 of the
  3       school year during which the child became 18 years of age if the child is
  4       still attending high school; or (3) the child is still a bona fide high school
  5       student after June 30 of the school year during which the child became
  6       18 years of age, in which case the court, on motion, may order support
  7       to continue through the school year during which the child becomes 19
  8       years of age so long as the child is a bona fide high school student and
  9       the parents jointly participated or knowingly acquiesced in the decision
10       which delayed the child's completion of high school. The court, in ex-
11       tending support pursuant to subsection (c)(3), may impose such condi-
12       tions as are appropriate and shall set the child support utilizing the guide-
13       line table category for 16-year through 18-year old children. Provision for
14       payment of support and educational expenses of a child after reaching 18
15       years of age if still attending high school shall apply to any child subject
16       to the jurisdiction of the court, including those whose support was or-
17       dered prior to July 1, 1992. If an agreement approved by the court prior
18       to July 1, 1988, provides for termination of support before the date pro-
19       vided by subsection (c)(2), the court may review and modify such agree-
20       ment, and any order based on such agreement, to extend the date for
21       termination of support to the date provided by subsection (c)(2). If an
22       agreement approved by the court prior to July 1, 1992, provides for ter-
23       mination of support before the date provided by subsection (c)(3), the
24       court may review and modify such agreement, and any order based on
25       such agreement, to extend the date for termination of support to the date
26       provided by subsection (c)(3). For purposes of this section, ``bona fide
27       high school student'' means a student who is enrolled in full accordance
28       with the policy of the accredited high school in which the student is
29       pursuing a high school diploma or a graduate equivalency diploma
30       (GED). The judgment shall specify the terms of payment and shall re-
31       quire payment to be made through the clerk of the district court or the
32       court trustee except for good cause shown. The judgment may require
33       the party to provide a bond with sureties to secure payment. The court
34       may at any time during the minority of the child modify or change the
35       order of support, including any order issued in a title IV-D case, within
36       three years of the date of the original order or a modification order, as
37       required by the best interest of the child. If more than three years has
38       passed since the date of the original order or modification order, a re-
39       quirement that such order is in the best interest of the child need not be
40       shown. The court may make a modification of support retroactive to a
41       date at least one month after the date that the motion to modify was filed
42       with the court. Any increase in support ordered effective prior to the date
43       the court's judgment is filed shall not become a lien on real property

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  1       pursuant to K.S.A. 60-2202, and amendments thereto.
  2           (d) If both parents are parties to the action, the court shall enter such
  3       orders regarding custody and visitation as the court considers to be in the
  4       best interest of the child.
  5           (e) In entering an original order for support of a child under this
  6       section, the court may award an additional judgment to reimburse the
  7       expenses of support and education of the child from the date of birth to
  8       the date the order is entered. If the determination of paternity is based
  9       upon a presumption arising under K.S.A. 38-1114 and amendments
10       thereto, the court shall award an additional judgment to reimburse all or
11       part of the expenses of support and education of the child from at least
12       the date the presumption first arose to the date the order is entered,
13       except that no additional judgment need be awarded for amounts accrued
14       under a previous order for the child's support.
15           (f) In determining the amount to be paid by a parent for support of
16       the child and the period during which the duty of support is owed, a court
17       enforcing the obligation of support shall consider all relevant facts in-
18       cluding, but not limited to, the following:
19           (1) The needs of the child.
20           (2) The standards of living and circumstances of the parents.
21           (3) The relative financial means of the parents.
22           (4) The earning ability of the parents.
23           (5) The need and capacity of the child for education.
24           (6) The age of the child.
25           (7) The financial resources and the earning ability of the child.
26           (8) The responsibility of the parents for the support of others.
27           (9) The value of services contributed by the custodial parent.
28           (g) The provisions of K.S.A. 23-4,107, and amendments thereto, shall
29       apply to all orders of support issued under this section.
30           (h) An order granting visitation rights pursuant to this section may
31       be enforced in accordance with K.S.A. 23-701, and amendments thereto.
32           (i) The court may issue an order granting visitation rights to a man
33       who has been established as the father of a child pursuant to a title IV-D
34       child support enforcement case.
35           Sec. 3. K.S.A. 1997 Supp. 38-1121 is hereby repealed.
36           Sec. 4. This act shall take effect and be in force from and after its
37       publication in the statute book.
38