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IN RE MARRIAGE OF THURMOND

No. 79,731.

265 Kan. 715 (1998)

962 P.2d 1064

In the Matter of the Marriage of KATHY THURMOND, Appellant, and ELLIOTT THURMOND, Appellee.

Supreme Court of Kansas.

Opinion filed July 10, 1998.

Attorney(s) appearing for the Case

Amy L. Durkin, of Legal Aid Society of Topeka, argued the cause, and Lowell C. Paul, of Kansas Legal Services, Inc., was with her on the brief for appellant.

No appearance by appellee.

The opinion of the court was delivered by

MCFARLAND, C.J.:

The district court entered an order suspending Elliott Thurmond's child support obligation during his period of incarceration in the federal penal system for two convictions of bank robbery. Kathy Thurmond, respondent's ex-wife, appeals therefrom. The single issue before us is whether the incarceration of a parent, standing alone, is legal justification for the suspension or modification of that parent...

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