Child support is a legal obligation for parents to provide financial support for their children’s needs, including food, shelter, clothing, education, and medical care. In Kansas, the courts aim to ensure that children receive adequate financial support from both parents, regardless of whether the parents are married, divorced, or never married. Whether you are a custodial or non-custodial parent, this guide will provide valuable insights and practical information.
How to Determine Kansas Child Support Obligations?
Kansas uses the Income Shares Model to determine child support obligations. This model estimates the amount of support that would have been available to the child if the parents were living together and divides this amount between the parents based on their respective incomes.
Steps to Determine Child Support
- Calculate Gross Income: Determine the gross income of both parents. Gross income includes wages, salaries, bonuses, commissions, unemployment benefits, and other sources of income.
- Adjust for Deductions: Subtract any allowable deductions from the gross income. These deductions may include other child support payments, spousal maintenance, and certain taxes.
- Combine Adjusted Incomes: Add the adjusted incomes of both parents to get a combined income.
- Determine Basic Child Support Obligation: Use the Kansas Child Support Guidelines chart to find the basic child support obligation based on the combined income and the number of children.
- Calculate Each Parent’s Share: Divide the basic child support obligation between the parents according to their proportionate share of the combined income.
- Adjust for Additional Expenses: Add costs for health insurance, daycare, and other necessary expenses to the basic child support obligation.
How to File for Child Support in Kansas?
To initiate a child support order in Kansas, a parent must file a petition with the court. The steps involved include:
- File a Petition: Submit a petition for child support to the district court in the county where the child resides. The petition should include information about the parents, the child, and the requested child support amount.
- Serve the Other Parent: The other parent must be served with a copy of the petition and a summons to appear in court.
- Attend a Hearing: Both parents will attend a court hearing where the judge will review the information provided and determine the child support order based on the Kansas Child Support Guidelines.
- Receive the Child Support Order: After the hearing, the court will issue a child support order outlining the payment amount, frequency, and method of payment.
Modifying Child Support Orders
Child support orders can be modified if there is a significant change in circumstances. Common reasons for modification include:
- Change in Income: If either parent’s income changes substantially, it may warrant a modification of the child support order.
- Change in Custody Arrangements: A change in the custody or visitation schedule can affect the child support amount.
- Change in Child’s Needs: If the child’s needs change, such as increased medical expenses or educational costs, the support order may need to be adjusted.
To request a modification, a parent must file a motion with the court and provide evidence of the changed circumstances. The court will review the motion and determine whether a modification is appropriate.
Enforcing Child Support Orders in Kansas
Ensuring that child support payments are made consistently and on time is crucial. Kansas offers several enforcement mechanisms to assist custodial parents in collecting child support:
- Income Withholding: The most common method of enforcement is income withholding, where the child support payment is automatically deducted from the non-custodial parent’s paycheck.
- Contempt of Court: If a parent fails to comply with a child support order, they can be held in contempt of court, which may result in fines, jail time, or other penalties.
- Interception of Tax Refunds: The state can intercept federal and state tax refunds to collect overdue child support payments.
- License Suspension: Non-custodial parents who fail to pay child support may have their driver’s, professional, or recreational licenses suspended.
- Liens and Seizure of Assets: The state can place liens on the non-custodial parent’s property or seize assets to satisfy unpaid child support.
Frequently Asked Questions About the Child Support Program in Kansas
Q: How long does child support last in Kansas?A: Child support in Kansas typically continues until the child reaches the age of 18 or graduates from high school, whichever is later. However, support may extend if the child has special needs.
Q: Can child support be paid directly to the custodial parent?A: While child support can be paid directly to the custodial parent, it is often recommended to use the Kansas Payment Center to ensure accurate record-keeping and tracking of payments.
Q: What happens if the non-custodial parent moves out of state?A: Kansas can enforce child support orders across state lines through the Uniform Interstate Family Support Act (UIFSA), which facilitates cooperation between states in collecting child support.
Q: Can I request a review of my child support order?A: Yes, either parent can request a review of the child support order every three years or sooner if there is a significant change in circumstances.