Dube v. Dube

Brazil, J.:

Russell Arthur Dube appeals the trial court’s denial of his motion for relief from judgment pursuant to K.S.A. 60-260(b)(4). Specifically Dube claims the trial court impermissibly entered a judgment sua sponte on February 15, 1989, purporting to order arrearages for temporary support first awarded in 1981. We reverse.

Betty Jean W. Dube and Russell Arthur Dube were married on June 30, 1963. One child, Timothy Arthur Dube, was bom on August 1, 1964. On October 16, 1981, Betty filed a petition for separate maintenance, and, on October 20, 1981, Betty obtained a temporary support order…