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. The amount is determined using the following steps:
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.
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.
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.
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
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.