CHILD SUPPORT LAWYER IN OVERLAND PARK

The simple fact of the matter is, people get married and have children with the best of intentions, life happens and mom and dad often end in divorce. When couples get divorced and have minor children, there has to be a court order that outlines both mom and dad's obligations to financially support the kids. It's not a fun thing, it's not where most people envisioned themselves when they started having children, but it's necessary. According to recent statistics from the U.S. Census Bureau, nearly 23 percent of children under the age of 18 in the United States live with a single mother, while 4 percent live with only their father. During a legal separation or divorce, comprehensive child support arrangements are often established to ensure that these children are properly cared for. If you are trying to establish child support or modify an existing arrangement, it is crucial that you consult with a knowledgeable Kansas family law attorney for reliable legal counsel and support.

The child support lawyers at Roth Davies LLC are dedicated to offering comprehensive legal guidance and compassionate representation for individuals and families dealing with child support cases. The experienced attorneys at Roth Davies LLC will educate you about your child support options and help you navigate any complex decisions so that you and your family can begin to move forward. Whether you need to establish or modify an existing child support arrangement, the family law team at Roth Davies LLC will offer you the experienced legal counsel and advocacy you need to ensure your rights as a parent are protected. They will fight diligently on behalf of both you and your children to advocate for your needs and work toward a swift and amicable solution for everyone involved.

Roth Davies LLC proudly serves clients across Overland Park, Kansas, and throughout the Johnson County area.

CHILD SUPPORT IN JOHNSON COUNTY

In Kansas, the purpose of child support obligations is to support the child's general well-being and care for their needs, including food, clothing, education, shelter, and other necessities. Pursuant to the Kansas Child Support Guidelines,

"The purpose of child support is to pay for and provide for the child's needs, whether the child lives with a parent or a third party. The child's needs include direct and indirect expenses related to the day-to-day care and well-being of the child."

DIRECT EXPENSES

Direct expenses can be defined as any and all fixed expenses that are paid directly to a third party for the personal needs of the child. Direct expenses include things like clothing, school and school-related expenses, school lunches, recreational clubs, extracurricular activities, and participation in sports clubs. 

INDIRECT EXPENSES 

Indirect expenses typically include those that benefit the child but are not paid directly for the personal needs of the child. Indirect expenses include food, transportation, shelter, and other basic utilities.

DETERMINING THE AMOUNT FOR CHILD SUPPORT IN KANSAS

According to Kansas Statute Annotated Section 23-3002, the court shall follow the Kansas Child Support Guidelines adopted by the Supreme Court to determine the amount to be paid for child support. These guidelines consider several factors to determine the amount of child support that a noncustodial parent is required to pay.

1. Calculating Income of Both Parents: The primary factor is the income of both parents. The guidelines take into account the gross income of each parent, including wages, bonuses, and other sources of income. This may also include calculating imputed income and adjusted gross income.

   A. CALCULATING DOMESTIC GROSS INCOME: The domestic gross income of a wage-earning parent is determined by collecting detailed information about the income of both parents for the past three years. The income includes the parent's wages, salary, overtime pay, bonuses, and commissions.

   What's more, earnings including dividends, royalties, rents, tips, military pension, and severance package must also be included as part of the parent's income. All of these will be used to determine both parents' gross income.

   B. CALCULATING IMPUTED INCOME: In Kansas, when determining child support payments, you're still considered to have an income even when you're unemployed. As a result, income may be imputed for parents who are underemployed, voluntarily unemployed, or those who refuse to tender proof of their earnings. The following factors will be considered when calculating imputed income:

   • The assets of the custodial and non-custodial parent

   • The employment and earning history of the parent

   • The previous income of the parent

   • The parent's ability to work

   • Other factors, such as age, job skills, health condition, employment barriers, literacy, and other background checks.

   C. CALCULATING ADJUSTED GROSS INCOME: Once both parent's gross income has been determined, deductions are made to determine each parent's adjusted income. Such deductions usually include various expenses such as alimony obligations, union dues, and local, state, and federal income taxes.

2. Child Care Costs: Child care expenses, such as daycare or babysitting costs necessary for employment or education, are factored into the child support calculation.

3. Health Insurance Premiums: The cost of health insurance premiums for the child is considered when determining child support.

4. Extraordinary Medical Expenses: Uninsured or extraordinary medical expenses for the child, such as medical bills not covered by insurance, may be factored into the child support calculation.

5. Parenting Time: The amount of time each parent spends with the child, known as parenting time or visitation, can affect the child support calculation. The more time a noncustodial parent spends with the child, the potential for a reduction in child support.

6. Number of Children: The number of children involved will impact the child support amount. More children typically result in a higher child support obligation.

7. Adjustments for Other Children or Spousal Support: If a parent has other children to support or is paying spousal support from a previous relationship, these factors may be considered in the child support calculation.

8. Income Tax Considerations: Tax considerations, such as claiming the child as a dependent for income tax purposes, may also be taken into account.

To calculate child support in Kansas, you can use the Kansas Child Support Calculator, which is available on the Kansas Child Support Services website or through the Kansas Child Support Guidelines. It's important to note that the court has the discretion to deviate from the guidelines in certain circumstances if there are factors that warrant a deviation.

CALCULATING CHILD SUPPORT PAYMENTS 

Once all of the above is taken into account, the Child Support Worksheet will be used to calculate the net child support payments.

HOW TO MODIFY AN EXISTING ARRANGEMENT

Once the court has calculated the tab for any child support payments, it does not mean that these amounts are set in stone. While the Kansas court believes that the net child support payment calculated using the state guideline is appropriate, you may still request a modification. The parent seeking modification must show that the adjustment will be in the child's best interest. Some reasons to seek a modification of child support payments include:

• The parent's overall financial condition

• Income tax considerations

• A material change in circumstances that results in an increase or decrease in the parent's income by 10% or more

• A change in circumstances of the parent, such as remarriage, a new child, or an increased cost of living.

• The child’s special needs or extraordinary expenses

When you are thinking about modifying child support it's best to consider the following steps:

If you need to modify child support payments in Overland Park, Kansas, you generally follow these steps:

1. Gather Information: Collect information about your financial situation, the other parent's financial situation, and any significant changes that have occurred since the original child support order.

2. Understand Grounds for Modification: In Kansas, you may request a modification if there has been a substantial change in circumstances, such as a significant change in income, employment status, or the child's needs.

3. File a Motion for Modification: To start the process, you need to file a motion with the court. The court will review your request and may schedule a hearing.

4. Complete the Necessary Forms: Obtain the required forms for child support modification from the Kansas Department for Children and Families or the court clerk's office. You may also find these forms online.

5. Serve Notice to the Other Parent: Ensure that the other parent is properly served with a copy of the motion and a notice of the court hearing. Proper service is crucial to the legal process.

6. Attend the Court Hearing: Attend the scheduled court hearing. Be prepared to present evidence supporting your request for modification, such as financial documents, pay stubs, and any other relevant information.

7. Receive the Court's Decision: The court will review the evidence and make a decision regarding the modification. If the court approves the modification, a new child support order will be issued.

8. Update the Child Support Agency: If you are working with the Kansas Child Support Services, inform them of the court's decision to ensure that the child support order is updated accordingly.

HOW TO TERMINATE CHILD SUPPORT

Under Kansas law, existing child support lasts until the child is emancipated (becomes an adult). For most kids, child support often ends when they turn 18 years. However, if a child becomes 18 while still attending high school, the existing support order will automatically continue until the end of the school year.

WORK WITH EXPERIENCED CHILD SUPPORT
ATTORNEYS IN OVERLAND PARK, KANSAS

Trying to establish child support agreements in Kansas can involve a lot of complex legal procedure. If you are a parent considering a child support arrangement or believe that circumstances have changed since the initial child support decree was made and are seeking a modification, it is important that you speak with a knowledgeable Kansas family law attorney as soon as possible for proper legal guidance and advocacy.

The attorneys at Roth Davies LLC have devoted their careers to handling matters of family law, including divorce, child custody, and support issues. As your legal counsel, we will educate you on every detail of the child support process, including how to establish, review, challenge, change, or terminate child support arrangements. The experienced child support attorneys at Roth Davies LLC will fight compassionately to protect your family's best interests and work diligently to address your needs and concerns at every phase of the legal process. Don’t face these challenges on your own. Reach out today to schedule a consultation.