The following is a summary of Kansas child support laws, and is by no means intended to be an all-inclusive description of what to expect in your particular case. In some cases, the exact text of the statute may have been simplified and/or modified to provide for easier understanding. For a more specific understanding of the laws, you should consult the full Kansas Code and/or consult with an attorney about how the law might apply to your particular situation.

Determination of Gross Income.

Gross income” means income from all sources, excluding public assistance and child support received for other children in the residency of either parent. When a parent receives significant in-kind payments that reduce personal living expenses as a result of employment, such as a company car, free housing, or reimbursed meals, the value of such reimbursement should be added to gross income.

Self-employment income” means income minus reasonable business expenses. Reasonable business expenses are those actual expenditures reasonably necessary for the production of income, as well as the additional self employment tax paid over and above the FICA rate.

When a parent is deliberately unemployed, although capable of working full-time, employment potential and probable earnings may be based on the parent’s recent work history, occupational skills, and the prevailing job opportunities in the community. When there is evidence that a parent is deliberately underemployed for the purpose of avoiding child support, the court may evaluate the circumstances to determine whether actual or potential earnings should be used. This is called using “imputed income“.

Exclusions from Income.

After determining gross income, the following deductions are either added or subtracted (as noted) to determine the income level to be used for child support purposes.

  1. Pre-existing child support obligations that are actually paid in other cases are subtracted.
  2. The amount of court-ordered maintenance that is actually paid pursuant to a court order in this or a prior divorce case is subtracted.
  3. The amount of any court-ordered maintenance received by a party pursuant to a court order in this or a prior divorce case is added.

Additional Costs.

The cost to the parent or parent’s household to provide for health, dental, orthodontic or optometric insurance coverage for the child is to be added to the Gross Child Support Obligation.

Actual, reasonable, and necessary child care costs paid to permit employment or job search of a parent should be added to the support obligation.

All necessary medical expenses (including, but not limited to, health, dental, orthodontic, or optometric) that are not covered by insurance (including deductible) should be assessed to the parties in accordance with the parties’ proportional share of income.

Deviation from Child Support Guidelines.

There is a rebuttable presumption that the amount of child support calculated under the child support guidelines is a reasonable child support order. If a party alleges that the support amount is unjust or inappropriate in a particular case, the party seeking the adjustment has the burden of proof to show that an adjustment should apply. Specifically, the court lists the following reasons for which they may consider granting a deviation:

  1. Long-distance parenting time costs (any substantial and reasonable long-distance transportation/communication costs directly associated with parenting time)
  2. Adjustments due to exercise of parenting time
  3. Special needs of the child, such as ongoing treatment for health problems, orthodontist care, special education, or therapy costs, which are not considered elsewhere in the support order or in computations on the worksheet.
  4. Overall financial conditions of the parties

Payment of Child Support.

Except for good cause shown, every order requiring payment of child support shall require that the support be paid through the state distribution unit. A written agreement between the parties to make direct child support payments to the obligee and not pay through the state distribution unit shall constitute good cause, unless the court finds the agreement is not in the best interests of the child or children.

The obligor shall file such an agreement with the court and shall maintain written evidence of the payment of the support obligation, which shall consist of canceled checks negotiated by the obligee or receipts signed by the obligee or evidence of direct electronic deposit in an account designated by the obligee. The obligor shall, at least annually on the date the first payment under the agreement was to be made, provide such evidence to the court and the obligee.

Each court order authorizing direct payment to the obligee shall include language requiring the obligor to comply with the above requirements for maintaining written evidence and providing it to the court and the obligee.

Failure of the obligor to maintain records or failure to make payments are grounds for immediate modification of the order to require payments to be made through the state distribution unit for collection and disbursement of support payments to K.S.A. 23-4,118 and amendments thereto.

Termination of Child Support.

The court may order the child support and education expenses to be paid by either or both parents for any child less than 18 years of age, at which age the support shall terminate unless:

  1. The parent or parents agree, by written agreement approved by the court, to pay support beyond the time the child reaches 18 years of age;
  2. The child reaches 18 years of age before completing the child’s high school education in which case the support shall not terminate automatically, unless otherwise ordered by the court, until June 30 of the school year during which the child became 18 years of age if the child is still attending high school; or
  3. The child is still a bona fide high school student after June 30 of the school year during which the child became 18 years of age, in which case the court, on motion, may order support to continue through the school year during which the child becomes 19 years of age so long as the child is a bona fide high school student and the parents jointly participated or knowingly acquiesced in the decision which delayed the child’s completion of high school.

-From Section 60-1610 of the Kansas Statutes.

Links:

Kansas Child Support Enforcement

Kansas Child Support Calculator

 

This information has been summarized from the Kansas statutes. You can find the full-text version of these and other Kansas divorce statutes online here: Kansas Divorce Laws.

LEARN MORE ABOUT GENERAL CHILD SUPPORT LAWS.

GO TO ANOTHER DIVORCE ARTICLE.

 

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don’t rely on this information for legal advice. Seek help from an attorney if you need legal advice.

 

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