Paying child support in Kansas, as in any other state, can be costly and last many years. When someone is required to make payments, they may want to stop making them when they are allowed.
Some parents who make payments may assume that the payments will automatically end when their child fulfills certain requirements or reaches a certain age, but that is not usually the case. The obligation the paying parent has may terminate when their child does one of the following:
- Gets married
- Passes away
- Leaves for undergraduate studies
- Reaches the age of majority
Parents who are making child support payments should note that there are certain situations in which their obligation to make child support payments will continue even after their child becomes an adult, such as if they are disabled. The age of majority in Kansas is 18, with certain exceptions.
There may be situations in which an individual’s child is emancipated before they become an adult, such as if they:
- Become self-supporting
- Are in the military
- Get married
Children can also be deemed emancipated when certain things occur, such as when the child
- Leaves their parents’ home
- Is older than a certain age
- Does not obey the reasonable commands of their parents
Once emancipated, the former child is considered to be self-supporting and is able to manage their own affairs. At this time, the parent who makes child support payments may have the opportunity to stop doing so.
If a parent who is making child support payments in Kansas thinks their situation meets the requirements for terminating those payments, they should consult with a local attorney in Kansas for assistance. They should continue to make their required payments until there is a court order that states they are no longer required to make them. This is because if the paying parent stops making their court-ordered payments before an updated order is issued, they can face legal consequences.
When Is Child Support Ordered?
When a child’s parents in Kansas divorce or separate, the family court may order a parent to fulfill their legal obligations to the child by making child support payments to the other parent. These payments are most often made monthly to the parent with whom the child resides, called the custodial parent.
These payments are made to the custodial parent for the benefit of their child or children. These payments are not intended to provide support for the custodial parent.
Child support payments are meant to help with the child’s basic needs, which may include their:
- Housing
- Clothing
- Food
- Other necessities
A parent should note that each state likely has its own different guidelines or formula used when calculating child support. In most states, the calculator for the child support amount will be based on the gross income of both of the child’s parents.
In certain situations, if a paying parent did not make their court-ordered child support payments in the past, they may have to pay retroactive child support. When a parent who is ordered to pay child support believes they have a legal reason to stop making those payments, they must speak to an attorney who will file a petition with the court on their behalf.
The court will then issue an order that is based on the child’s best interests as well as the evidence and arguments presented by each parent. The order will notify the paying parent whether they will be required to continue paying or whether their payments may be terminated or modified.
How Is a Child Support Award Enforced?
When a court issues an order that requires one parent to make child support payments to the other, that order is legally binding on both of the parents. When the paying parent does not properly make their payments, the parent who receives the payments may obtain legal assistance with enforcing the order.
If the paying parent still does not make their required payments after these attempts, they may also face additional legal consequences, including:
- Seizure of property
- Imprisonment
- Suspension of a business license
A child support order can also be enforced in a different state than the one in which it was issued. This can be helpful if a parent has to relocate.
Child support orders can be enforced in different states under the Uniform Interstate Family Support Act (UIFSA).
How Can I Avoid a Child Support Increase?
When the paying parent has a material change in circumstances, the amount of child support they are required to pay may be modified. When this type of change occurs, the paying or receiving parent may file a request with the court to modify the child support order that is in place.
Examples of what can qualify as a material change in circumstances may include, but are not limited to:
- Family size changes
- Deployment or incarceration
- Changes in income
- Unexpected needs or medical emergencies
- Custody or visitation changes
The court may then modify the child support order that is in place to reflect the change in the circumstances of the paying parent. It is very important for the paying parent to have an attorney to ensure that the amount they have to pay is not increased unfairly.
When a court is reviewing a petition to modify child support, it will use the child’s best interests standard as well as any other applicable guidelines in order to determine the amount that will be paid. It is important to note that the paying parent can also request a modification if the receiving parent’s circumstances change, such as a dramatic increase in their income.
How Can I Stop Paying Child Support?
There are certain requirements that the paying parent must fulfill if they want to stop paying child support. They should be aware that these payments cannot be waived based on an agreement between the paying and receiving parent if the payments were ordered by a court.
To stop making child support payments, the paying parent must demonstrate that there has been a change in circumstances or that the child has fulfilled one or more of the requirements discussed above as a reason to close a child support case. For example, if the paying parent obtains custody of the child, they can request to stop paying child support.
Do Child Support Payments End Automatically?
Child support payments are not automatically terminated. The parent who is making payments in Kansas should consult with a Kansas attorney for additional information on how to stop child support in their specific location.
How to Get Child Support Arrears Dismissed
A paying parent can have their attorney file a motion to dismiss their child support arrears. Their attorney can also help them resolve any other concerns they may have related to their child support obligation.
When a paying parent has child support arrears, a receiving parent may be able to get assistance from government agencies or law enforcement to collect the amount they are owed. Each state has agencies that assist with this issue.
Do I Need a Lawyer for Help with Terminating Child Support?
If you believe you qualify to terminate your child support payments in Kansas or if you want to find out if you are eligible to do so, it is important to reach out to a Kansas child support lawyer. If you are eligible to stop making payments, your lawyer will file a petition in court requesting termination of your payments.
LegalMatch is a convenient way to find a child support lawyer near you who can help you terminate your child support obligation. Submit your question on the website, and you will receive responses from lawyers in your area who are ready to help with any of your Kansas child support concerns.
