Johnson District Court—Reversed Court of Appeals—Reversed No. 101,834
FACTS: In divorce proceedings between Marc and Susan Hall, the court ordered Marc to pay maintenance and child support. In addition, despite Marc’s objection, the district court ordered Marc to “cooperate” with Susan’s attempts to obtain insurance on Marc’s life and Susan’s own expense. Court of Appeals affirmed by rejecting Marc’s argument that the district court impermissible created and divided a property interest, that the district court’s order did not violate public policy, and that once Marc’s child support and maintenance obligations ended, Susan will no longer have insurable interest in Marc’s life.
ISSUES: (1) Divorce and (2) life insurance
HELD: Court held that a court order requiring a child support obligor to cooperate with a child support obligee’s efforts to obtain insurance on the life of the obligor is against public policy, as expressed by the Kansas legislature in K.S.A. 40-453(a), if the obligor objects to the order. Consequently, it is an abuse of discretion to issue such an order when the obligor has stated an objection.