(Download) "In re Marriage of Larson" by Supreme Court of Kansas # Book PDF Kindle ePub Free
eBook details
- Title: In re Marriage of Larson
- Author : Supreme Court of Kansas
- Release Date : January 21, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The opinion of the court was delivered by This is a first impression case requiring us to construe K.S.A. 60-260(b). The specific question is whether a motion to modify a divorce decree was untimely because the motion was not filed within a ""reasonable time,"" although it was filed within one year of the decree. The parties' written property settlement agreement was incorporated into the decree. The trial court denied the motion to modify. In a 2-1 decision, the Court of Appeals affirmed. 19 Kan. App. 2d 986, 880 P.2d 1279 (1994). We granted the ex-husband's petition for review. We agree with the Court of Appeals' interpretation of K.S.A. 60-260(b). A motion to modify under K.S.A. 60-260(b)(1), (2), and (3) must be filed within a reasonable time and not more than one year after the judgment, order, or proceeding sought to be modified was entered. We find no abuse of discretion and affirm. Facts Craig and Marla Larson were divorced on January 9, 1992. The divorce decree incorporated their ""Property Settlement Agreement"" (Agreement), which determined rights of maintenance (alimony), child support, and custody of their four children, in addition to dividing their property. Under the agreement, Craig agreed to pay Marla $1,900 per month until June 2006 for maintenance, child support, and property settlement, besides periodic lump sum payments. (The total of all payments would be about $370,000 over 15 years.) Under the Agreement, Craig retained the one-half ownership interest in a cattle feedlot, Yuma Performance Feeders, Inc. (YPF), that he and Marla had owned jointly. Craig's parents owned the other half.