60-1607. Interlocutory orders.
60-1607
60-1607. Interlocutory orders.(a) Permissible orders. After a petition for divorce, annulmentor separate maintenance has been filed, and during the pendency of the actionprior to final judgment the judge assigned to hearthe action may, without requiring bond, make and enforce by attachment, orderswhich:
(1) Jointly restrain the parties with regardto disposition of the property of the parties and provide for the use,occupancy,management and control of that property;
(2) restrain the parties from molesting or interfering with the privacyor rights of each other;
(3) provide for the legal custody and residency of andparenting time with the minor children and thesupport, if necessary, of either party and of the minor children duringthe pendency of the action;
(4) require mediation between the parties on issues, including,but not limited to, child custody, residency, division of property, parentingtime and development of a parenting plan;
(5) make provisions, if necessary,forthe expenses of thesuit, including reasonable attorney's fees, that will insure to eitherparty efficient preparation for the trial of the case;
(6) require an investigation by court service officers intoany issuearising in the action; or
(7) require that each parent execute any and all documents, including anyreleases, necessary so that both parents may obtain information from and tocommunicate with any health insurance provider regarding the health insurancecoverage provided by such health insurance provider to the child. Theprovisions of this paragraph shall apply irrespective of which parent owns,subscribes or pays for such health insurance coverage.
(b) Ex parte orders. Orders authorized by subsections (a)(1), (2),(3), (4) and (7) may be entered after ex parte hearing uponcompliance withrules of the supreme court, except that no exparte order shall have theeffect of changing the residency of a minor child fromthe parent who has had the sole de factoresidency of the child to theother parent unless there is sworn testimony to support a showing ofextraordinarycircumstances. If an interlocutory order is issued ex parte, thecourtshall hear a motion to vacate or modify the order within 15 days ofthedate on which a party requests a hearing whether to vacateor modify the order.In the absence, disability, or disqualification of the judge assigned tohear the action, any other judge of the district court may make any orderauthorized by thissection, including vacationor modification or any order issued by the judge assigned to hearthe action.
(c) Support orders. (1) An order of support obtained pursuant tothissection may be enforcedby an order of garnishment as provided in this section.
(2) No order of garnishmentshall be issued under this section unless: (A) Ten or more days have elapsedsince the order ofsupport was served upon the party required to pay the support, and (B) theorder of support contained a notice that the order of support may be enforcedby garnishment and that the party has a right to request an opportunityfor a hearing to contest the issuance of an order of garnishment, ifthe hearing is requested by motion filed within five days after serviceof the order of support upon the party. If a hearing is requested, the courtshall hold the hearing within five days after the motion requesting thehearing is filed with the court or at a later date agreed to by the parties.
(3) No bond shall be required for the issuance of an order of garnishmentpursuant to this section. Except as provided in this section, garnishmentsauthorized by this section shall be subject to the procedures and limitationsapplicable to other orders of garnishment authorized by law.
(4) A party desiring to have the order of garnishment issued shall filean affidavit with the clerk of the district court stating that:
(A) The order of support contained the notice required by this subsection;
(B) ten or more days have elapsed since the order ofsupport was served upon the party required to pay the support; and
(C) either no hearing was requested on the issuance of an order ofgarnishment within the five days after service of the order ofsupport upon the party required to pay the same or a hearing was requestedand held and the court did not prohibit the issuance of an order ofgarnishment.
(d) If an interlocutory order for legal custody, residency, or parentingtime is sought, the party seeking such order shall file a proposed temporaryparenting plan as provided byK.S.A. 60-1623, and amendmentsthereto, at thetime such order is sought. Ifany motion is filed to modify any such interlocutory orders, or in oppositionto a request for issuance of interlocutory orders, that party shall attach tosuch motion or opposition a proposed alternative parenting plan.
(e) Service of process. Service of processserved undersubsection (a)(1) and (2) shall be by personal service and not by certifiedmail return receipt requested.
History: L. 1963, ch. 303, 60-1607;L. 1976, ch. 251, § 25;L. 1977, ch. 204, § 2;L. 1979, ch. 183, § 3;L. 1982, ch. 152, § 7;L. 1990, ch. 202, § 32;L. 1998, ch. 162, § 2;L. 2000, ch. 171, § 14;L. 2008, ch. 127, § 1; May 1.