Brief⁽¹⁾

H.B. 2626 amends the Divorce Code and the marital property law to do the following:

• A clarifying change would restrict the time frame under which a judge could issue ex parte interlocutory orders. After a final judgement, no order could be issued under the interlocutory statute (K.S.A. 60-1607).



• When an interlocutory order is issued ex parte, the time to hear a motion to vacate or modify the order would be changed from the current ten days to 15 days from the request for a hearing.



• No ex parte order that changes custody of the child from the parent who has had custody of the child could be made unless there is sworn testimony showing extraordinary circumstances exist.



• The marital property law (K.S.A. 23-201) is amended to include professional goodwill.



• The court is authorized, upon motion of either party in a divorce or separate maintenance action, to make available to the party the contested child custody investigation reports, unless the court finds this would be harmful to either party, the child, or other witnesses.

The Senate Committee of the Whole added provisions of S.B. 95 (contested child custody investigation reports) and S.B. 96 (marital property--goodwill).

Background

A conferee appearing in support of the bill included a representative from the Judicial Council Family Law Advisory Committee. There was no opposition expressed.

The fiscal note indicates no measurable fiscal impact.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext-bill.html.