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Rule 139
Motions, Discovery, Pretrial Procedures, and Related Matters

Applications for Support Orders in Domestic Relations Cases and Motions to Modify Existing Support Orders

(a) Applications for ex parte orders which include requests for temporary support and all motions to modify existing support orders shall be accompanied by a Domestic Relations Affidavit. The form of the affidavit is set forth in the appendix of the Kansas Child Support Guidelines.

(b) A copy of the ex parte order and of the Domestic Relations Affidavit shall be served promptly on the individual to whom it is addressed.

(c) All support payments of child support or alimony, either temporary or permanent, shall be made to the Kansas Payment Center, unless otherwise directed by the court.

(d) No ex parte order for support will be issued without this required affidavit.

(e) Any party challenging a support order of the court or facts contained in the Domestic Relations Affidavit shall file a similar affidavit at the time of filing the party's response, answer, or motion for modification.

(f) A party filing a motion to modify an existing order of support shall serve a copy of the Domestic Relations Affidavit along with the motion on the adverse party. Any person challenging a motion to modify an existing support order or the facts contained in the movant's affidavit shall file and serve a similar affidavit prior to the hearing on the motion to modify.

(g) Where child support is required, a Child Support Worksheet shall accompany the Domestic Relations Affidavit.

[History: Am. effective December 30, 1985; Am. effective April 1, 1990; Am. (c) effective October 7, 2004; Am. (g) effective September 8, 2006.]