60-2403. Judgment, when dormant; release of record; child support judgments after July 1, 2007, never dormant; court costs, fees, fines and restitution judgments after July 1, 2015, never dormant. (a) (1) Except as provided in subsection (b), if a renewal affidavit is not filed or if execution, including any garnishment proceeding, support enforcement proceeding or proceeding in aid of execution, is not issued, within five years from the date of the entry of any judgment in any court of record in this state, including judgments in favor of the state or any municipality in the state, or within five years from the date of any order reviving the judgment or, if five years have intervened between the date of the last renewal affidavit filed or execution proceedings undertaken on the judgment and the time of filing another renewal affidavit or undertaking execution proceedings on it, the judgment, including court costs and fees therein shall become dormant, and shall cease to operate as a lien on the real estate of the judgment debtor. When a judgment becomes and remains dormant for a period of two years, it shall be the duty of the judge to release the judgment of record when requested to do so. Undisputed payments made prior to a request for a release of judgment are voluntary and not subject to refund or recoupment.
(2) A "renewal affidavit" is a statement under oath, signed by the judgment creditor or the judgment creditor's attorney, filed in the proceedings in which the judgment was entered and stating the remaining balance due and unpaid on the judgment.
(3) A "support enforcement proceeding" means any civil proceeding to enforce any judgment for payment of child support or maintenance and includes, but is not limited to, any income withholding proceeding under the income withholding act, K.S.A. 23-3101 et seq., and amendments thereto, any contempt proceeding and any civil proceeding under the uniform interstate family support act, K.S.A. 23-36,101 et seq., and amendments thereto.
(b) Except for those judgments which have become void as of July 1, 2007, no judgment for the support of a child shall be or become dormant for any purpose except as provided in this subsection. Except for those judgments which have become void as of July 1, 2015, no judgment for court costs, fees, fines or restitution shall be or become dormant for any purpose except as provided in this subsection. If a judgment would have become dormant under the conditions set forth in subsection (a), the judgment shall cease to operate as a lien on the real estate of the judgment debtor as of the date the judgment would have become dormant, but the judgment shall not be released of record pursuant to subsection (a).
(c) The time within which action must be taken to prevent a judgment from becoming dormant does not run during any period in which the enforcement of the judgment by legal process is stayed or prohibited.
History: L. 1963, ch. 303, 60-2403; L. 1973, ch. 238, § 1; L. 1984, ch. 147, § 14; L. 1985, ch. 115, § 54; L. 1988, ch. 218, § 2; L. 1990, ch. 207, § 2; L. 1992, ch. 103, § 1; L. 1995, ch. 257, § 8; L. 2007, ch. 174, § 6; L. 2012, ch. 162, § 80; L. 2015, ch. 53, § 4; L. 2022, ch. 31, § 5; July 1.
Source or prior law:
G.S. 1868, ch. 80, § 445; L. 1905, ch. 330, § 1; L. 1909, ch. 182, § 442; R.S. 1923, 60-3405; L. 1945, ch. 242, § 1.
Cross References to Related Sections:
Garnishment available after judgment, when, see 60-731.
Execution to conform to judgment in special cases, see 60-2417(b).
Retention of records, see 60-270.
Law Review and Bar Journal References:
Compared in family law survey with continuing execution under divorce decrees, Harvey S. Berenson, 17 K.L.R. 349, 381 (1969).
"Survey of Kansas Law: Civil Procedure," 29 K.L.R. 449, 470 (1981).
"Recent Development in Kansas Civil Procedure," E. Elinor P. Schroeder, 32 K.L.R. 515, 525 (1984).
"Is Kansas Probate Non Claim Statute Unconstitutional?" John F. Kuether, 54 J.K.B.A. 115, 129 (1985).
"Kansas Enacts New Provisions for Child Support Enforcement—Mandatory Wage Withholding," Yvonne C. Anderson, Richard A. Forster, 25 W.L.J. 91, 102 (1985).
"Little Used Procedures for Collecting Child Support and Maintenance," Charles F. Harris, Vol. VIII, No. 5, J.K.T.L.A. 9 (1985).
"Survey of Kansas Law: Family Law," Nancy G. Maxwell, 37 K.L.R. 801 (1989).
"Child Support Judgments in Domestic Matters: Modification of Judgments and Calculation of Arrearage," Dennis Molamphy, XIV J.K.T.L.A. No. 2, 9 (1990).
"Title Standards Committee releases TOD changes," 66 J.K.B.A. No. 9, 13 (1997).
CASE ANNOTATIONS
Prior law cases, see G.S. 1949, 60-3405.
1. Mentioned in holding revivor of dormant judgment matter of right. First Federal Savings & Loan Assn. v. Liebert, 195 Kan. 100, 403 P.2d 183.
2. Judgment revived after dormancy does not retain priority over encumbrances created prior to revivor. Brieger v. Brieger, 197 Kan. 756, 761, 421 P.2d 1.
3. Section inapplicable in action to enjoin collection of unpaid sales tax. Riggan v. Director of Revenue, 203 Kan. 129, 130, 133, 134, 135, 136, 137, 453 P.2d 52.
4. A dormant judgment as defined hereunder remains dormant for a period of two years. Riney v. Riney, 205 Kan. 671, 672, 674, 679, 680, 473 P.2d 77.
5. Section mentioned; applicability of general statutes of limitation to uniform enforcement of foreign judgments act discussed. Alexander Construction Co. v. Weaver, 3 Kan. App. 2d 298, 299, 300, 301, 594 P.2d 248.
6. If dormant judgment not revived under K.S.A. 60-2404, it is extinguished; equitable estoppel will not prevent dormancy. Clark v. Glazer, 4 Kan. App. 2d 658, 659, 609 P.2d 1177.
7. Nothing other than revivor can revitalize dormant judgment. Long v. Brooks, 6 Kan. App. 2d 963, 966, 636 P.2d 242 (1981).
8. Statute not applicable when judgment in another state constitutes new judgment and not revival of former judgment; full faith and credit given to such judgment. Johnson Brothers Wholesale Liquor Co. v. Clemmons, 233 Kan. 405, 406, 407, 661 P.2d 1242 (1983).
9. Effective date for dormancy purposes of foreign judgment is date registered; registration of enforceable foreign judgment creates new and additional five years to execute. Warner v. Warner, 9 Kan. App. 2d 6, 8, 668 P.2d 193 (1983).
10. Statute has no exception for child support judgments nor for partial payments tolling dormancy. Dallas v. Dallas, 236 Kan. 92, 94, 689 P.2d 787 (1984).
11. Cited; applicability to motor carrier tax warrants filed pursuant to K.S.A. 79-6a11 examined. Director of Property Valuation v. Golden Plains Express, Inc., 13 Kan. App. 2d 48, 760 P.2d 1227 (1988).
12. Time within which judgment must be enforced to prevent dormancy as not running during time it is enforceable by legal process examined. Wichita Fed. Sav. & Loan Ass'n v. North Rock Rd. Ltd. Partnership, 13 Kan. App. 2d 678, 683, 779 P.2d 442 (1989).
13. Pending garnishment proceeding does not toll time when judgment becomes dormant; legislative intent in computing time determined. DeKalb Swine Breeders, Inc. v. Woolwine Supply Co., 248 Kan. 673, 678, 809 P.2d 1223 (1991).
14. Citations for contempt of court are not one of the proceedings enumerated for keeping a judgment alive. Cyr v. Cyr, 249 Kan. 94, 100, 815 P.2d 97 (1991).
15. Judgment in an underlying divorce action, awarding a lien on real estate to a party, is subject to dormancy. Bank IV Wichita v. Plein, 250 Kan. 701, 702, 830 P.2d 29 (1992).
16. A judgment for child support may not be extinguished until two years after the child's emancipation. In re Marriage of Williams, 21 Kan. App. 2d 453, 454, 900 P.2d 860 (1995).
17. Dormancy and revivor statutes are procedural and may be applied retroactively. Gardner v. Gardner, 22 Kan. App. 2d 314, 315, 916 P.2d 43 (1996).
18. Laches and other equitable remedies not abrogated in enacting dormancy and revivor statutes. In re Marriage of Jones, 22 Kan. App. 2d 753, 921 P.2d 839 (1996).
19. State automatic bankruptcy stay duration on dormant judgment lien on real estate loans does not conflict with federal bankruptcy law. St. Joseph Dev. Corp. v. Sequenzia, 25 Kan. App. 2d 514, 515, 517, 968 P.2d 682 (1998).
20. Restitution judgment which has remained dormant for two years is extinguished and unenforceable. State v. Morrison, 28 Kan. App. 2d 249, 14 P.3d 1189 (2000).
21. Child support obligor was collaterally estopped from relitigating state court garnishment judgment. Vanover v. Cook, 260 F.3d 1182, 1185 (2001).
22. Motion filed by judgment creditor to revive dormant judgment held untimely. O'Connor v. Midwest Pipe Fabrications, Inc., 198 F. Supp. 2d 1275, 1278 (2002).
23. Restitution order was not dormant as defendant was not given conditional release until October 1994. State v. Robards, 31 Kan. App. 2d 1138, 78 P.3d 825 (2003).
24. Oklahoma law to be applied to unsatisfied child support judgment being enforced in Kansas; specific provisions of K.S.A. 23-9,604 control over general dormancy and revivor sections, K.S.A. 60-2403 and 60-2404. Hale v. Hale, 33 Kan. App. 2d 769, 108 P.3d 1012 (2005).
25. Child support judgments that were not void on July 1, 2007, do not become dormant. State ex rel. SRS v. Cleland, 42 Kan. App. 2d 482, 213 P.3d 1091 (2009).
26. Party's judgment lien is valid; tolling provision merely codifies prior Kansas case law. Casey v. Plake, 45 Kan. App. 2d 99, 244 P.3d 689 (2010).
27. Continuing pendency of garnishment does not toll the time for dormancy and revivor time provisions. Associated Wholesale Grocers, Inc. v. Americold Corporation, 293 Kan. 633, 270 P.3d 1074 (2011).
28. The division of a party's retirement account subject to a qualified domestic relations order in a divorce decree constitutes a judgment subject to dormancy when no action was taken to enforce within the statutory limits. In re Marriage of Larimore, 52 Kan. App. 2d 31, 44, 362 P.3d 843 (2015).
29. Dormancy period for a judgment that is payable in installments commences as to each installment when it becomes due and is collectible by execution or other legal process. In re Marriage of Strom, 56 Kan. App. 2d 655, 435 P.3d 583 (2019).
30. District courts should exercise caution when using equitable principles to extinguish legal rights, particularly when the timeframe for enforcing those rights has been defined by statute, and a court analyzing whether laches applies under such circumstances should consider the statutory landscape defining the legal enforceability of court orders. In re Marriage of Doud & Modrcin, 59 Kan. App. 2d 244, 480 P.3d 800 (2020).
31. A district court's division of a retirement account in a divorce proceeding constitutes a judgment subject to dormancy when the division order qualifies as a final determination of the parties' interests in the marital estate. Matter of Marriage of Holliday, 317 Kan. 469, 471, 531 P.3d 1216 (2023).
32. A divorce decree dividing the parties' interests in a retirement account with the Kansas Public Employee Retirement System may be prevented from becoming dormant until benefits become payable to the plan member. Matter of Marriage of Holliday, 317 Kan. 469, 473, 531 P.3d 1216 (2023).
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