What is Child Support?
Child support is monthly mandatory payments calculated from the gross income of both parents for the purpose of providing the needs of children. Return to top of page What is the purpose of child support?
The purpose of child support is to provide for the needs of the child. The needs of the child are not limited to direct expenses for food, clothing, school and entertainment. Child support is also to be used for housing, utilities, transportation, and other indirect expenses related to the day-to-day care and well-being of the child. Return to top of page How do I get child support for my child?
In Kansas, children are entitled to support from both biological parents in cases of divorce, legal separation, paternity, child in need of care, and protection from abuse. Child support can be obtained by party agreement or court order.
Once child support is decided and due, it is enforceable by law and becomes a judgment. Upon being due child support is enforced in the form of an Income Withholding Order. The Income Withholding Order requires the employer to deduct child support directly from the obligor’s paycheck. Return to top of page How do I pay child support?
The law provides that every order requiring payment of child support shall require that the support be paid through the Kansas Payment Center except for good cause shown. It is very risky to bypass the Kansas Payment Center because you may lack proof of payment or nonpayment.
Anything not paid through the Kansas Payment Center might be considered a gift. Possibly no credit would be given. Return to top of page How is child support calculated in general?
Child support is determined by the Kansas Child Support Guidelines, or Administrative Order 128. The “Guidelines” provide uniformity for calculating child support in any action where the court requires child support. The formula is the same for all but yields support payments proper to individual circumstances.
In general, the combined gross income from both parents provides a base. Child support payments are determined by appropriating respective percentages to each parent. The gross income includes all sources. Overtime and second jobs might not be exempt. Circumstances adjusting gross income are generally necessary expenses already paid, or costs incurred, that benefit the children such as health insurance and day care or special needs care. Return to top of page What assets are included or exempt for calculating child support?
All income sources are included for calculating child support. Welfare benefits do not constitute income but social security disability payments do.
Child Support judgments can pierce normal property exemptions because the interests of children are tantamount. Items normally exempt such as retirement benefits and vehicles or other real and personal property are included when calculating child support payments, especially when payments are in arrears.
The Kansas Homestead Exemption provided by the Kansas Constitution effectively prevents child support from reaching in on homestead assets, even to collect past due support payments. Return to top of page What if a parent is unemployed?
If a parent is unemployed the law imputes full time minimum wage on the unemployed parent. Sometimes, the law might impute more than minimum wage if the parent has the education or experience to earn more. Return to top of page What if a parent is self-employed?
Self employed persons often control their own income making it difficult to determine their contribution. Calculating an average income by obtaining past tax returns and bank account records can rectify this problem. Self employed persons are also allowed deductions on the child support calculation from any reasonable business expenses that actually provide goods or services to the benefit of the children. Return to top of page What if a parent works on commission?
A parent receiving a commission rather than a salary typically possesses peaks and valleys in income that vary from month to month making gross income difficult to realize for the child support calculation. Looking at individual pay stubs from one year of work will show if in fact there are income swings. Establishing an average or base from these pay stubs is necessary to seek an order for a percentage of any earned income above the base if income swings occur. Return to top of page What if parents reside in different states?
The state ordering child support retains authority over the matter. When a parent moves to another state that parent is still obligated to pay the court ordered child support and that court’s authority will have effect in the foreign state. If a parent obtains an emergency temporary custody order in the foreign state, with proper jurisdiction, and that parent is the payor for child support, that parent will have to request the court originally ordering child support to release the child support order. Return to top of page What if a parent already pays child support for a different family?
The Multiple Family Adjustment recognizes that the non-custodial parent also supports other children. The “Adjustment” does not recognize step-children unless legally adopted because step-parents are not obligated to support step-children. The purpose of the Multiple Family Adjustment is to protect and recognize the financial support of other children not privy to the child support order. Return to top of page Will child support include the cost of health insurance?
Yes, the cost of health insurance is included when determining child support. If a policy covers a child by a new relationship only the portion of premiums prorated to the child are included the child support calculation. Return to top of page Will child support include day care costs?
Work related day care costs are included in calculating child support payments. Only the day care that is necessary to permit the custodial parent to work, attend school, or seek employment will be considered. Return to top of page How long will my child receive child support?
Children are entitled to child support until the child’s death or reaching the age of eighteen (18), unless the child is still attending high school. If the child is attending high school beyond the age of eighteen (18) child support will extend one year later until June 30 the last day of the school year. This is not automatic and requires a motion filed with the court. Timing is important also. The extension might not begin until the motion is filed.
Emancipated children, or children under custody of juvenile authority, do not terminate child support payment obligations. Parents cannot lawfully contract to limit the duration of child support payment obligations. Return to top of page Is failing to pay child support a crime?
Yes, failing to pay child support could be prosecuted as a crime. Return to top of page Can I still receive unpaid child support payments?
Yes, if child support payments are not paid the receiver is entitled to those unpaid amounts. Return to top of page Do child support payments accumulate interest over time?
By law every child support payment presumably bears interest at a rate of 10 percent per year from the time child support becomes court ordered. Return to top of page Can substantial debts reduce child support payments?
Substantial debts may be considered when determining the child support obligations. The debts that are being paid must be from goods or services furnished to the benefit of the children. The court has discretion to make any final adjustments after the overall financial condition is evaluated. Return to top of page How do I modify child support when needs change over time?
If less than three years have passed since the previous child support order, the court must agree that a “material change in circumstances” occurred before modifying child support. A “material change in circumstances” includes changes in income that result in a ten percent change in child support.
Increases in the custodial parent’s income do not result in the increase of child support payments by the non-custodial parent. One can request a demand for financial information from the other in order to discover whether a change of circumstances indeed occurred.
Other grounds for modification include; emancipation of a child, and the sixth and sixteenth birthdays of the child. Return to top of page If I remarry will the amount of child support paid/received change?
If other children are involved the Multiple Family Adjustment can be used to adjust child support. However, the non-custodial parent cannot file a motion to modify in order to reduce child support after marrying or adding children by birth or adoption until there is an attempt to increase child support by the custodial parent. Return to top of page Do the guidelines take into account the step parent’s income?
No; at least, not directly. The step parent has no legal obligation to care for the child. Therefore, child support is calculated by sharing the incomes of the two legal parents, without taking into account the voluntary support of step parents.
However, a parent who is not working at all, while being supported by a step parent, might be subject to imputed income for the amount that the parent is capable of earning. Return to top of page
How does child support affect my taxes?
The custodial parent will receive certain tax benefits that the non-custodial parent will not. Therefore, the non-custodial parent will receive an adjustment in determining child support to make up for the lose of the tax benefit. There are other exemptions and credits related to the care of children specifically available also. Return to top of page What happens if both parents spend about equal time with and money on the children?
Shared residency is the regular sharing of residential custody on an equal or nearly equal basis. To qualify for shared custody treatment, two components must exist. First, the blocks of time must be regular and equal or nearly equal rather than equal based on a noncustodial extended visitation basis (i.e. summer visitation, holidays, etc.). Second, the parties must be sharing direct expenses of the child on an equal or nearly equal basis. Direct expenses include but are not limited to clothing and education expense but do not include food, transportation, housing or utilities.
If the parents have shared custody, then the amount of child support equals one-half of the difference between the child support obligations of the two parents. This amount is paid by the parent with the higher support obligation to the parent with the lower support obligation. Return to top of page
Kansas Child Support Guidelineshttp://www.kscourts.org/ctruls/csintro.htm
The actual text of the Kansas Child Support Guidelines promulgated by the Kansas Supreme Court.
Child Support Scheduleshttp://www.kscourts.org/ctruls/csapp2.htm
Kansas Child Support Guidelines contains child support schedules for one child families, two child families, three child families, four child families, five child families and six child families. See below: Child Support Calculator Estimators On-line
All on-line child support “calculators” are only estimators. They cannot account for facts specific to your situation. However, some parents might find them useful to get general estimates of what they might expect. Please give us feedback on your experience with these estimators. Also, tell us if you find an on-line estimator we should include in this web site. To provide feedback: E-mail us NOW online and click here, or refer to the "Ask Scott a Question" button on the upper left menu bar.
Your actual child support might vary significantly from these estimates. Scott Wasserman & Associates, LLC makes no warranties regarding the accuracy of off-site resources.
http://www.divorcelawinfo.com/states/ks/cal/KSCSC.html
This child support calculator “estimator” most closely resembles the actual child support worksheet required by the Child Support Guidelines of the Kansas Supreme Court. The amount of detail might be confusing or frustrating to some users.
http://www.alllaw.com/calculators/Childsupport/kansas/
Simpler than the above estimator from divorcelawinfo.com, and more detailed than the below child support calculator “estimator” from divorcehq.com. Misses some important adjustments, such as long distance visitation and cost of living differentials for parents living in other states.
http://www.divorcehq.com/calculators/ks_supportcalc.shtml
Perhaps the simplest on-line child support calculator “estimator.” Considers only monthly gross income, alimony, prior child support orders, health insurance and child care costs. Useful only for the broadest, most general estimate of child support.
Kansas Child Support Guidelineshttp://www.kscourts.org/ctruls/csintro.htm
The actual text of the Kansas Child Support Guidelines promulgated by the Kansas Supreme Court.
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