Kansas Courts

District Court Rules Supreme/Appellate Court Rules Judicial Discipline Attorney Discipline Case Cover Sheets Child Support Guidelines Small Claims Information Open Records Procedures Code of Judicial Conduct Rules of Professional Conduct

Rules Adopted by the Supreme Court

Rules Relating to District Courts

Rule 164
Trials and Related Matters

Required Factual Statements in Divorce, Annulment, and Separate Maintenance Cases

(a) In divorce, annulment, and separate maintenance cases, a Domestic Relations Affidavit as set forth in the appendix of the Kansas Child Support Guidelines shall be prepared by counsel and furnished to the court.

(b) In contested cases, the affidavits shall be exchanged by counsel before trial.

(c) Subsections (a) and (b) above apply to pro se litigants.

Case Annotations
1. Separation agreement in contemplation of divorce; proceedings interrupted by death of husband; agreement valid though not approved by court. In re Estate of Loughmiller, 229 Kan. 584, 591, 629 P.2d 156 (1981).
2. Compliance with rule not jurisdictional; no factual statement furnished to court; waiver by court permitted. Cook v. Cook, 231 Kan. 391, 392, 395, 646 P.2d 464 (1982).
3. Appellant's failure to file Rule 164 statement noted in appeal of modification of property division after K.S.A. 60-260(b)(2) new trial. Court finds evidence otherwise discoverable but upholds new trial under 260(b)(6). In re Marriage of Thomas, 16 Kan. App. 2d 518, 825 P.2d 1163 (1992).
4. Domestic relations affidavit must be filed in divorce cases. In re Marriage of Kirk, 24 Kan. App. 2d 31, 941 P.2d 385 (1997).

[History: Am effective December 30, 1985; Am. effective November 17, 1987; Am. effective April 1, 1990; Am.(c) effective September 8, 2006.]