In re Marriage of Dean (Kansas 2018)

No. 118,406, 2018 Kan. App. Unpub LEXIS 635 (Kan. Ct. App. Aug. 17, 2018)
August 2018

Courts must follow the definition of income found in the guidelines. The mother appealed the district court’s calculation of the father’s gross income. The district court subtracted the amounts the father was paying towards mortgages from his gross monthly income. The Appellate Court reversed the decision. The definition of income is purposefully broad, and the worksheet doesn’t allow for these types of deductions from gross income. The evidence showed the father had made several substantial mortgage payments right after the divorce. The court reasoned that allowing mortgage payments as a deduction from gross income allows a parent to build up equity in property at the expense of a child.