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Whether you are paying child support or receiving, it is important to know how it can be modified, because let’s be real, circumstances can change over time. The child support calculation can get rather complex, but the following are a few key points.
How is Child Support Computed, Anyway?
Judges are required to follow the Kansas Child Support Guidelines, which controls who pays, and how much. Many factors contribute to the computation.
It all starts with a child support worksheet where in general, all income that is regularly or periodically received (including wages, self-employment income; dividends; etc.) of both parents are considered. Even if one parent is unemployed or underemployed, the judge can impute wages to that parent based on a full-time minimum wage.
After computing income, the higher earning spouse will generally be responsible for the greater amount of the child’s support. The Kansas Guidelines contain different tables that provide the preliminary obligation figure that takes into consideration: the number of children, their ages, and the parents combined income.
There are various discretionary adjustments the judge can consider, making the overall child support obligation either lower, or higher. In fact, the tables found in the child support guidelines only go up to a certain combined income (currently $15,500). If the combined income is above that number, then a judge can apply what’s called the extrapolation formula—resulting in a higher obligation.
Modifying Child Support Orders
Kansas law uses the “material change of circumstances” test for modifying a child support order. However, if it has been three years since child support was ordered, you can ask for a modification without showing a material change.
Here are a few examples of material changes: a change in financial circumstances of the parents or the guidelines, which would increase or decrease the obligation amount by 10% or an age change of a child resulting in a new applicable table. (Note: Kansas does not consider parents’ involuntary termination for misconduct on the job, incarceration, or after born children as a material change in circumstances).
Required to Disclose Material Changes
Parents are required to disclose to each other changes in income (also changes in child care costs, insurance premiums, etc.) that are considered “material changes.” You can also make a request in writing to your co-parent for their financial information, and that parent is required to provide the requested information within 30 days.
Although parents care for their children well beyond eighteen years, support is generally only required until the age of eighteen (or until the child graduates from high school). Still, whether you are the one required to pay child support, or you are the one receiving it, a lot can happen over the years that will make it apparent that the amount may need to be reviewed and modified.
This article is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem.
Martin Pringle’s Divorce and Family Law Attorneys are experienced attorneys who have handled all aspects of divorce and family law matters including high conflict and high net worth divorces. Our attorneys advocate strongly for their divorce clients while striving to make the divorce process as non-contentious as possible. They work proactively to minimize conflict, and they seek to resolve the parties’ differences efficiently and economically.
