SESSION OF 1998
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2626
As Amended by Senate Committee of the Whole
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
- 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
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