In The Matter Of The Adoption Of B.M.W.

2 P.3d 159 (2000)

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Nature of the Case

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Facts

B.M.W.'s parents were divorced, and the parents received joint legal custody of B.M.W. The mother was awarded primary physical custody of the child and the father (F) liberal and reasonable visitation. F was ordered to pay $ 95 per month child support commencing November 15, 1990. Since the divorce, the mother has maintained contact with F, advising him of address changes and permitting visitation when he or his family requested. The mother married the petitioner. F was summoned to court for failure to pay child support as ordered in the divorce decree. The judge observed there was an arrearage of $3,505 in child support payments and found F in contempt for willfully and without good cause failing to pay the child support. F was sentenced to 10 days in jail. F failed to make the first two support payments ordered by the court. Sporadic payments continued until June 5, 1998, the date of SF's petition for adoption was filed. The district court's calculation of the arrearage of child support ordered from March 15, 1994, to the date of the trial amounted to $ 2,163.01. The court found that F had failed to provide the love and affection required of a parent under K.S.A. 59-2136(d). The district court then determined F had paid 86 percent of the child support obligation accruing in the 2 years prior to the filing of the petition. The court found that the consent of F was required for a stepparent adoption because F had paid a substantial portion of the support pursuant to the contempt order. SF appealed.