Kansas Statutes Annotated
K.S.A. § 23-2903 (2026)
Modification of amounts of maintenance
✓ current as of May 2026
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23-2903. Modification of amounts of maintenance. At any time, on a hearing with reasonable notice to the party affected, the court may modify the amounts or other conditions for the payment of any portion of the maintenance originally awarded that has not already become due, but no modification shall be made without the consent of the party liable for the maintenance, if it has the effect of increasing or accelerating the liability for the unpaid maintenance beyond what was prescribed in the original decree.
History: L. 2011, ch. 26, § 15; July 1.
Notes of Decisions
Cited in 8
cases (3 in the last 5 years), 2015–2024 · leading case: In re Marriage of Welter, 474 P.3d 786 (Kan. Ct. App. 2020).
In re Marriage of Welter, 474 P.3d 786 (Kan. Ct. App. 2020). “The parties focus their arguments on modification, not reinstatement, of maintenance. We do the same. Steven contends that maintenance automatically terminated when Keira cohabited, as set forth in the divorce decree.”
In re Marriage of Freeman (Kan. Ct. App. 2022). “Although he recognizes that Kansas caselaw has held that maintenance controlled by K.S.A. 2020 Supp. 23-2903 hinges on an ex-spouse's showing a material change in circumstances, he contends that in reaching these holdings courts have misinterpreted Kansas' maintenance statutes.”
In re Marriage of Poggi (Kan. Ct. App. 2020). “As to spousal maintenance, the journal entry stated that "[t]hese payments may be reviewed by the Court if there is a material change in circumstances, as controlled by K.S.A. 23-2903." The district court also "re-figured" Joseph's past child support obligations; under the…”
In re Marriage of Stegman (Kan. Ct. App. 2020). “Mark first asserts that the district court's decision was based on a mistake of law because the spousal maintenance award was not "fair, just, and equitable" and thus violated K.S.A. 2019 Supp. 23-2903. The record shows that the district court considered K.”
In re Marriage of Holmes & Gagel (Kan. Ct. App. 2022). “Holmes is allowed to seek a modification in the amount or duration of maintenance under the terms of the property settlement agreement to the extent allowed by statute.”
In re Marriage of Calvert (Kan. Ct. App. 2020). “K.S.A. 2019 Supp. 23-2903. Typically, "'[m]aintenance may be reduced upon a showing of a material change in circumstances.”
In re Marriage of L.S. & D.J. (Kan. Ct. App. 2024). “The operative rule distinguishing between modifying a judgment and setting it aside is the following: "Proceedings to modify a divorce decree based on matters occurring after the decree are to be brought under [predecessor to K.S.A. 23-2903 (modify maintenance) and K.”
In Re the Marriage of Crawford, 352 P.3d 593 (Kan. Ct. App. 2015). “See K.S.A. 2013 Supp. 23-2903. K.S.A. 2013 Supp.”
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