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eBook details

• Title: In re Marriage of Hampshire
• Author : Supreme Court of Kansas
• Release Date : January 07, 1997
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

The opinion of the court was delivered by This case originated as a default judgment in a civil domestic case in which a grant of divorce, an order of child custody, and an order to pay child support were entered against the appellant husband, a member of the United States Army, in the district court of Riley County in 1986. Nearly 10 years after the default judgment was entered, appellant, who was no longer in the Army, filed a motion pursuant to K.S.A. 60-260 (b) seeking relief from that portion of the default judgment awarding child support. Appellant contended that the default judgment for child support was void since it (1) had been entered in violation of 50 U.S.C. App. § 520(1) of the Soldiers' and Sailors' Civil Relief Act of 1940 (SSCRA), 50 U.S.C. App. § 501 et seq. (1994), and (2) violated his due process rights. The district court found that although the SSCRA applied, the judgment was voidable, not void, and denied the motion. Appellant appeals, claiming (1) because the district court failed to appoint counsel as required by the SSCRA, the default judgment ordering child support was void, and (2) the failure to appoint counsel violated his rights under the due process clause of the Fourteenth Amendment to the United States Constitution.

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