In re the Marriage of Hall

Summary

The Kansas Supreme Court held that a court may not order a child-support obligor to cooperate with an obligee’s efforts to obtain life insurance on the obligor’s life when the obligor objects. The court interpreted K.S.A. 40-453(a) as expressing a public policy that life insurance cannot be obtained or maintained over the insured’s objection. The court reversed the district court and Court of Appeals orders requiring Marc Hall to cooperate with Susan Hall’s efforts to obtain the insurance.

Holdings

1. A court order requiring a child support obligor to cooperate with a child support obligee's efforts to obtain insurance on the obligor's life is against Kansas public policy, as expressed in K.S.A. 40-453(a), when the obligor objects to the order.

Questions Presented

1. Whether a district court may order a child support obligor who objects to the order to cooperate with an obligee's efforts to obtain life insurance on the obligor's life.
2. Whether such an order violates Kansas public policy expressed in K.S.A. 40-453(a).

Disposition

reversed