Kansas Child Support Law

When handling child custody and support matters in the Sunflower State, having the right representation can make all the difference. Child support lawyers in Kansas are equipped with the knowledge and experience to guide parents through the legal system.

Who Needs to Pay Child Support in Kansas?

In Kansas, both parents have a financial responsibility for their child(ren). Generally, the non-custodial parent pays child support to the custodial parent to help cover the child’s expenses. The amount is determined using Kansas child support guidelines, considering various factors such as income, number of children, and other financial obligations.

Let’s dive into each of these primary considerations.

Income

• Both Parents’ Gross Income: Courts usually begin by looking at both parents’ gross incomes. This includes wages, salaries, bonuses, dividends, pensions, and other income sources.
• Adjustments: Adjustments might be made for factors like alimony payment from a previous marriage or any necessary job-related expenses.
• Combined Income: The incomes of both parents are combined to determine the total monthly income available for child support.

Number of Children

The number of children shared between the parents significantly impacts the child support amount. Generally, as the number of children increases, the percentage of income set aside for child support also increases. However, it’s not a strict linear progression; the incremental increase might decrease with each additional child.

Other Financial Obligations

• Childcare Costs: This includes daycare, after-school care, and other childcare-related expenses.
• Medical Expenses: If a child has ongoing medical expenses or requires health insurance, this will be factored into the child support calculation.
• Educational Expenses: School costs can be considered, especially if a child attends private school or has special education needs.
• Shared Parenting Time: In some situations, if the non-custodial parent has significant shared custody or visitation, it might affect the child support amount due to the direct financial contributions during their parenting time.

Additional Considerations

• Age of the Children: Older children might have different financial needs than younger ones, especially when considering higher education or extracurricular activities.
• Special Needs: Children with special needs might require additional support for medical care, therapy, or specialized education.
• Standard of Living: The courts might consider the standard of living the child would have enjoyed had the parents stayed together.

The ultimate goal of these considerations is to ensure the child’s financial needs are met adequately, considering both parents’ financial abilities and obligations. Child support is for the child’s benefit, and the courts are primarily concerned with ensuring their well-being.

How Do You Petition for Child Support in Kansas?

One should approach the Kansas Department of Child Support or consult a paternity attorney in Kansas, especially if the paternity needs to be established. They will guide you through filing the necessary paperwork and ensuring all documentation is in order.

Enroll for Child Support Services

You can enroll online by filling out the Child Support Services Enrollment Form and sending it to DCF.CSSCustomer@ks.gov, along with a copy of your child support order, income withholding order, and arrears calculation (if you have one). You can also call the Child Support Call Center at 1-888-757-2445 to request an enrollment form or visit the local CSS office. You will need to read the Kansas CSS Handbook before enrolling.

Establish Parentage

If you are not married to the other parent of your child, you will need to establish legal paternity before you can receive child support. You can do this by signing a voluntary acknowledgment of paternity form, getting a genetic test, or going to court. CSS can help you with this process if you enroll for their services.

Request a Child Support Order

Once parentage is established, you can request a child support order from the court or CSS. A child support order is a legal document that sets the amount and frequency of Kansas child support payment. The amount is based on the Kansas Child Support Guidelines, which consider the income of both parents, the number of children, and other factors. CSS can help you prepare a child support worksheet and file a motion for a child support order if you enroll in their services.

Enforce the Child Support Order

After a child support order is issued, you must ensure that the other parent pays the amount due on time. CSS can help you enforce the child support order by collecting payments from the other parent’s income, bank accounts, tax refunds, or other sources. CSS can also take legal action against the other parent if they fail to pay or cooperate. You can check the status of your payments online by visiting the Kansas Payment Center Website or calling 1-877-572-5722.

What Are the Consequences of Not Paying Child Support in Kansas?

The consequences of not paying child support can be severe. Kansas child support enforcement measures can include wage garnishments, tax refund interceptions, license suspensions (including driver’s, professional, and recreational licenses), and even imprisonment for contempt of court. Additionally, past due child support or “back child support” accumulates interest, increasing the owed amount over time.

This means that not only does the non-custodial parent owe the original amount of the child support arrears, but they will also owe additional money based on a percentage rate applied to the outstanding balance. This is similar to how credit card companies charge interest on unpaid balances.

The idea behind charging interest is twofold:

• Incentive to Pay: Interest is a deterrent, encouraging parents to pay on time to avoid additional costs.
• Compensation: It compensates the custodial parent for the time value of money, as they were supposed to have that financial support earlier to help cover the child’s expenses.

Over time, if the back child support remains unpaid and continues to accumulate interest, the amount that the non-custodial parent owes can grow significantly. This can lead to a much larger debt than the original unpaid child support amounts.

How Can You Stop Paying Child Support?

Stopping child support isn’t as simple as deciding not to pay. In Kansas, to officially stop or modify child support, you need a court’s approval based on valid reasons such as significant income changes, the child’s emancipation, or if the child starts living with the non-custodial parent. It’s essential to consult a lawyer before making any decisions.

What Does a Child Support Attorney Do in Kansas?

A child support attorney assists clients in various ways.

They can:

• Help establish paternity.
• Draft, file, and represent parents in child support petitions.
• Navigate Kansas child support guidelines to ensure a fair calculation.
• Represent clients in enforcement actions or in seeking modifications to existing orders.

Where Can You Find the Right Child Support Lawyer in Kansas?

Finding the right attorney to represent your interests is paramount. One trusted platform is LegalMatch. You can be matched with a qualified Kansas child support lawyer suited to your needs by inputting your specifics.

Find your Kansas child support lawyer today! Don’t navigate this complex journey alone; a skilled attorney can guide you through every step, ensuring your child’s best interests are always at the forefront. Use LegalMatch today to start your legal journey. There is no fee upfront to submit your case.