House Substitute for Substitute for SENATE BILL No. 232
AN ACT concerning children and families; relating to orders of child support; providing
for child support for unborn children from the date of conception; amending K.S.A.
20-165, 23-2205 and 23-3001 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 20-165 is hereby amended to read as follows:
20-165. (a) The supreme court shall adopt rules establishing guidelines
for the amount of child support to be ordered in any action in this state
including, but not limited to, K.S.A. 39-755 and K.S.A. 23-2215, and
amendments thereto, article 30 of chapter 23 of the Kansas Statutes
Annotated, and amendments thereto, and K.S.A. 23-2711, and
amendments thereto.
(b) In adopting such rules, the court shall consider all relevant
factors, including, but not limited to:
(1) The needs of the child;
(2) the standards of living and circumstances of the parents;
(3) the relative financial means of the parents;
(4) the earning ability of the parents;
(5) the need and capacity of the child for education;
(6) the age of the child;
(7) the financial resources and earning ability of the child;
(8) the responsibility of the parents for the support of others; and
(9) the value of services contributed by both parents; and
(10) the direct medical and pregnancy-related expenses of the
mother if the child is an unborn child.
(c) The maximum amount of child support to be ordered for the
support of an unborn child shall not exceed the direct medical and
pregnancy-related expenses of the mother of the unborn child.
Pregnancy-related expenses shall not include any costs related to an
elective abortion.
(d) The amount of child support determined pursuant to
subsection (b)(10) shall be calculated from the date of conception of
such unborn child. Interest shall accrue for any such amount of child
support at the statutory rate provided under K.S.A. 16-204, and
amendments thereto, and shall continue to accrue until the payment of
such child support is no longer in arrearage.
(e) As used in this section:
(1) "Elective abortion" means an abortion for any reason other
than to prevent the death of the mother upon whom the abortion is
performed, except that an abortion may not be deemed one to prevent
the death of the mother based on a claim or diagnosis that such mother
will engage in conduct that would result in such mother's death; and
(2) "unborn child" means the same as defined in K.S.A. 23-3001,
and amendments thereto.
Sec. 2. K.S.A. 23-2205 is hereby amended to read as follows: 23-
2205. (a) As used in this act, "parent and child relationship" means the
legal relationship existing between a child and the child's biological or
adoptive parents incident to which the law confers or imposes rights,
privileges, duties and obligations. It includes the mother and child
relationship and the father and child relationship.
(b) For purposes of this section, the term "child" includes any
unborn child as defined in K.S.A. 23-3001, and amendments thereto.
Sec. 3. K.S.A. 23-3001 is hereby amended to read as follows: 23-
3001. (a) In any action under article 27 of chapter 23 of the Kansas
Statutes Annotated, and amendments thereto, the court shall make
provisions for the support and education of the minor children.
(b) Regardless of the type of custodial arrangement ordered by the
court, the court may order the child support and education expenses to
be paid by either or both parents for any child less than 18 years of age,
at which age the support shall terminate unless: House Substitute for Substitute for SENATE BILL No. 232—page 2
(1) The parent or parents agree, by written agreement approved by
the court, to pay support beyond the time the child reaches 18 years of
age;
(2) the child reaches 18 years of age before completing the child's
high school education in which case the support shall not terminate
automatically, unless otherwise ordered by the court, until June 30 of
the school year during which the child became 18 years of age if the
child is still attending high school; or
(3) the child is still a bona fide high school student after June 30
of the school year during which the child became 18 years of age, in
which case the court, on motion, may order support to continue through
the school year during which the child becomes 19 years of age so long
as the child is a bona fide high school student and the parents jointly
participated or knowingly acquiesced in the decision which delayed the
child's completion of high school. The court, in extending support
pursuant to subsection (b)(3) this paragraph, may impose such
conditions as are appropriate and shall set the child support utilizing the
guideline table category for 12-year through 18-year-old children. For
purposes of this section, "bona fide high school student" means a
student who is enrolled in full accordance with the policy of the
accredited high school in which the student is pursuing a high school
diploma or a graduate equivalency diploma (GED).
(c) Provision for payment of support and educational expenses of
a child after reaching 18 years of age if still attending high school shall
apply to any child subject to the jurisdiction of the court, including
those whose support was ordered prior to July 1, 1992. If an agreement
approved by the court prior to July 1, 1992, provides for termination of
support before the date provided by subsection (b)(3), the court may
review and modify such agreement, and any order based on such
agreement, to extend the date for termination of support to the date
provided by subsection (b)(3)As used in article 30 of chapter 23 of the
Kansas Statutes Annotated, and amendments thereto, the term "unborn
child" means a living individual organism of the species homo sapiens,
in utero, at any stage of gestation from fertilization to birth.
Sec. 4. K.S.A. 20-165, 23-2205 and 23-3001 are hereby repealed. House Substitute for Substitute for SENATE BILL No. 232—page 3
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
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SENATE adopted
Conference Committee Report ________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE
as amended _________________________
HOUSE adopted
Conference Committee Report ________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED _____________________________
_________________________
Governor.