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IN RE MARRIAGE OF PEAK

No. 62,115

244 Kan. 662 (1989)

772 P.2d 775

In the Matter of the Marriage of GARY D. PEAK, Appellant, and LOIS ELAINE PEAK, Appellee.

Supreme Court of Kansas.

Opinion filed April 14, 1989.

Attorney(s) appearing for the Case

Orlin L. Wagner, of Wagner & Howell, of Wichita, argued the cause, and James R. Howell, of the same firm, argued the cause and was on the brief for appellant.

David A. Ricke, of Davis & Manley, of El Dorado, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

McFARLAND, J.:

This case concerns whether or not child support payments are automatically terminated during the period when a minor child spends a summer school recess with his noncustodial parent. The district court held that the obligation terminated during summer recess. The Court of Appeals affirmed the district court in an unpublished opinion filed October 7, 1988, relying on Brady v. Brady,

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