HOW MUCH CHILD SUPPORT WILL I OWE IF I GET DIVORCED?
Determining The Amount Of Child Support
When a couple divorces, one parent may be liable for support payments to the other parent for the care of the couple’s children. Child support can also arise when an unmarried couple has a child and paternity is established. In both cases, each parent will likely want to know who is receiving the support and how much is owed. Below is an overview of how the court will make these determinations.
Which Parent Will Receive The Support Payments?
The first step in child support is determining which parent should receive the support. This will generally be the parent who makes less money and/or has the child more often. The goal of child support is to ensure that the child is provided for, including being equally supported when with either parent. This is accomplished using a set formula outlined in the Kansas Child Support Worksheet. This form uses basic information about the parents, the child, and the custody arrangement to determine a presumed child support amount. Thus, to truly determine which parent will provide support, the form must be completed, and the custody arrangement decided.
What Factors Go Into Computing A Presumed Child Support Amount?
Kansas law looks to several factors in determining a presumed child support amount using the Kansas Child Support Worksheet. First, each parent's income must be considered. These incomes, after subtracting or adding any other support obligations each parent has, are then combined. This is done so the court can determine how much of the total, shared income each parent provides. For example, if Parent 1 earns $4,000 a month and Parent 2 earns $6,000 a month, the combined income would be $10,000, with Parent 1 providing 40% and Parent 2 providing 60%. After determining the total, the shared income, and the percentage provided by each parent, the first step is complete.
Next, the number of children in each statutory age group is determined. Kansas divides minor children into three groups: five-year-olds and younger, six- to eleven-year-olds, and twelve- to eighteen-year-olds. These groups require varying levels of presumed support, with older children requiring more. This is because older children generally incur higher costs for food, clothing, education, and other necessary expenses. Using the total income of both parents and the number of children in each age group, the form will produce a presumed amount of support needed for each child.
The form will then take into account costs paid by each parent, which cannot be easily divided. Common examples include health and dental insurance premiums, as well as child care expenses related to that parent’s work schedule. The parent who pays these expenses will receive a credit toward child support in the form of a reduced obligation to pay or an increase in the amount to be received. Finally, any final adjustments will be made. The most common of these is an adjustment based upon the amount of time each parent has physical custody of the children. The more a parent has the child, the more of the child support obligation they will bear, meaning the more financial support the other parent is likely to owe. Other considerations here include the costs of “long-distance parenting,” such as plane tickets or gas for travel to the child, as well as each parent's overall financial condition. If one parent is struggling, while the other is very financially secure, the form will adjust to prevent placing an impossible burden on the less secure parent. After inputting all this information, the form will produce a presumed child support amount that each parent owes. The parent with the greater obligation will be required to pay the difference in these two amounts.
Can The Court Ever Order A Different Amount Of Child Support?
The child support obligations calculated using the Kansas Child Support Worksheet are known as “presumed child support amounts” because the court can deviate from them in appropriate circumstances. In re Cox, the Kansas Court of Appeals noted that the child support guidelines will almost always be followed, but that in exceptional circumstances the trial court may deviate from them. However, the judge must make a written record of exactly why the guidelines should not be followed before deviating from them; failure to do so will result in the deviations being reversed on review. Exactly what circumstances are appropriate is challenging to say. Even when the form addresses certain factors, the trial judge may grant more or less credit based on extreme circumstances. For example, in re Marriage of Lewallen, a farmer’s property depreciated considerably after a significant storm. Though the form already accounts for depreciation, the court heightened its effect to reduce the farmer’s support obligation further. This was held to be proper because of the extreme circumstances that the storm had produced and the nature of the business the farmer was engaged in.
It is also important to remember that child support amounts can be modified after the initial order is entered. Common reasons to request a child support modification include a change in employment or when the children have entered different age groups. These modifications can be accomplished by petitioning the court to review the order and present the changed circumstances that support modification of the award. It is rare for a child support award to remain unmodified for the duration of the child’s youth; instead, modifications are common and will likely occur in most cases.
Determining child support in Kansas is a strange mixture of a mathematical formula and individualized considerations. Experienced counsel can help to predict when a court may be willing to deviate from the presumed amount produced by the Kansas Child Support Worksheet. Ensuring that the child support amount arrived at is fair and reasonable can ensure the quality of life for both parents and children moving forward. If you need the help of an experienced divorce and family law attorney in Johnson County, Kansas, feel free to contact our office.