CASE MANAGEMENT FEES—Allocation.

On Behalf of | Aug 14, 2025 | Firm News

CASE MANAGEMENT FEES—Allocation. In the Matter of the Marriage of A.K. and A.K., Docket No. 126,903 (K. Ct. of App. 8/8/2025, Johnson Dist. Ct., Judge J. Woltman, affirmed). It was not error for the district court to allocate 100% of the case management fees to the mother, a practicing attorney, under the circumstances of this case. “The court has discretion in determining the portion of those costs each party must pay. K.S.A. 23-3509(d)(7). The court need not hold a separate hearing on the issue of the case manager’s fees and their apportionment after one parent objects to them. In re Marriage of Merrill, 47 Kan. App. 2d 943, Syl. ¶13, 281 P.3d 559 (2012) found the district court erred by not holding hearing when the accuracy and purpose of the fees were in dispute. 47 Kan. App. 2d at 964. Such is not the issue in this case. Also, the parties had the opportunity to address the fees during a case manager reassignment hearing and did not do so. “In assessing and apportioning legally permitted case management fees, the court is merely required to consider the parties’ relative financial positions and the surrounding circumstances—which the court did in this case.”