To use the child support calculator, select or enter the appropriate information next to each statement.
When you have completed the form, click on the calculate button to get an estimate of the amount of child support that the non-custodial parent will have to pay to the custodial parent in Kansas. In Kansas, the Child Support Enforcement CSE Program through the Kansas Department of Social and Rehabilitation Services handles child support matters to ensure that Kansas children receive the benefits of both parents' economical situation, even though their parents are no longer together.
How the CSE can help you: Establishing paternity Unfortunately, sometimes there are complications when it comes to establishing child support orders. Sometimes, the father may not be willing to acknowledge his relationship to the child and legal paternity has to be verified. Or, a mother may need assistance in establishing the paternity of her child.
In these cases, the CSE can help get a court order for a paternity test. Through tax documents, new hire forms, and other means, the CSE can try to track down a non-custodial parent — even if he or she lives in another state.
Enforcing payment In Kansas, child support is established by the court, but can be enforced through the CSE. The CSE has a number of different methods for ensuring that the non-custodial parent pays what he or she is required to.
These methods include: an income-withholding order, passport denial, recreational license denial, driver's license restriction, credit bureau reporting, interception of tax refunds, and Contempt of Court.
A parent's income includes his or her salary, wages, commissions, overtime pay, and sometimes bonuses, too. It also includes any royalties, tips, rents, dividends, severance pay, and military pensions. See Kan. Even you you're unemployed, you are still considered to have an income for child support purposes.
Additionally, a court or state agency could impute assign income to the parent without primary residential custody if that parent voluntarily works less or not at all without a good reason for doing so. This means a judge can increase a parent's child support obligation.
Once you have both parents' gross income, you make deductions to determine the adjusted income for each. Deductions include items like spousal support paid , union dues, and state and federal income taxes. For more information on calculating child support, you should review the Kansas Judicial Branch website's section on Child Support.
Even though a court must presume that the amount of child support calculated by the guidelines is appropriate, that doesn't mean you can't ask the judge to change it. The parent asking for a deviation from the child support guidelines must prove that the adjustment is in his or her child's best interest.
The judge, however, has the final say on how much payments should increase or decrease. Some common reasons for adjusting support include income tax considerations, a child's special needs or extraordinary expenses, and the parents' overall financial condition. Keep in mind that even uncommon reasons may justify a change if they will support or improve your child's well being.
Once a judge has issued a child support order, the obligor parent parent ordered to pay support must pay support exactly as ordered by the court. Often a judge will leave the order open-ended as to how payments must be made, but it's easy to pay child support in this digital age. You can pay child support with cash, a check, direct deposit, transfer, money order, or by using payment apps such as Venmo or Zelle. However, if your ex is not making support payments , you can contact the Kansas Child Support Services office for help at Once a child support order is in place, you can ask a court to modify the payments, meaning increase or decrease the amount.
This tends to happen when a parent loses a job or gets a new, higher paying one , relocates, or has a new baby. Look for listings for a Court Trustee. What is the connection between child support and seeing my children?
Research suggests that parents who have a close relationship with their child, developed by seeing the child regularly, are far more likely to pay their child support. Both child support and parenting time can be a part of Court orders, issued by a Judge who has jurisdiction over the parties. Why does the State of Kansas keep part of the child support I pay? When child support is paid, the state keeps all of the support while the children are still on public benefits. Why does the Court Trustee keep part of the child support I pay?
A small amount is added to the sum paid by the payer. The same amount comes out of the amount due the person receiving the child support. This enforcement fee funds the Court Trustee office, which is available to assist in collecting child support, should that service be needed in your case.
You can read more about how to prepare and file that motion from this question: How do I file a motion to change the amount of child support, up or down? This is called imputed wages. It is used whether you have no earnings, or earnings less than this amount. If you left a higher paying job voluntarily rather than due to a lay-off or if you were terminated for misconduct: The Court may continue to use your higher wages as the basis for figuring your child support.
What is a Child Support Worksheet? It may be possible to obtain an order that small monthly payments on the arrears be added to the current payments.
Can the Judge change support for the past? I give my girlfriend everything she wants for the baby, but she is still asking for child support. Do I have to pay? Paying under a Court Order, through the Kansas Payment Center, is, partly, for your protection and to have proof that you have paid your obligation. My husband and I just had a baby. He pays child support to other children. Can we reduce the support be pays them, so we can afford this baby?
The theory behind this rule is that the costs of the oldest children should be taken into account when the decision was made to have the new child.
The costs of the new baby should not decrease the standard of living of the older children. Who claims the child as a dependent on their tax return? The usual situation is for the parents to alternate who takes the dependent deduction for the children.
If there is one child , it is usually alternated each year, with one parent taking the child in odd years and the other in even years. If there are two children or an even number of children , the parents can each take a portion of the children for the dependent care deduction. A parent should be careful to modify their W-4 each year, so that the correct amount is withheld from their earnings.
That form should be turned in to their employer early in the year. The form is located on the IRS website here. The alternated deduction is ONLY the dependent deduction. This might occur where the residential parent has no income, so there is no advantage to claiming the child as a dependent. The residential parent must sign an IRS form that can be found here. This form is attached to the tax refund of the parent claiming the deduction.
More information can be found here about the IRS rules. My child is in state custody. What about child support? That money is due to the state, since the state may be paying the person who is caring for the child.
How can I find out how much money my former spouse is making? You can word your request something like this: I am making a written request for information about your current earnings. Sincerely, Name Although not required, you may wish to file a copy of your dated and signed request with the Court. It is also possible to subpoena this information from the employer. You may want to use an attorney to file the subpoena. Although you can file a motion to increase child support and request the needed financial information, you should use caution , if the payer of support has children younger than the children for which you seek support.
Those children can reduce the amount of support paid. How is support figured if I or the adverse claims to have no income? Can imputing income to the residential parent increase my child support? Where can I read Kansas law on Child Support? Where can I read the Kansas Child Support guidelines? How does the parenting time for the children affect the amount of child support? This is calculated by tracking the amount spent with each parent.
For an explanation of making these computations, see the explanation here. My child is Do I still owe child support? The child support should end automatically. However, if an income withholding order is in place , a motion to terminate or reduce child support may be required. The Court order will modify or terminate the Child Support order and the Income Withholding Order that is used to collect the child support. One of my children has graduated from high school. Should I seek modification of child support?
A motion to modify child support, looking at the age, health insurance costs, etc. A new child support worksheet should be completed to determine the amount of child support that is due under the Kansas Child Support Guidelines. The page lists all the information needed to complete the worksheet. The link to the interactive interview is at the bottom of the page. This has the effect of making a person who only receives SSI pay no child support.
A person who is not working, due to disability, will likely have their child support computed based on the rules that impute minimum wage, full time income to all parents, even when actual income is below that.
If child support has been set and either the payer of child support or the parent receiving child support begins receiving Supplemental Security Income: That parent can return to Court and seek a reduction of child support. This can be done using the forms and instructions available here.
You should use the Motion to Modify Child Support interactive interview. Once a parent has been approved for disability, the custodial parent should apply for dependent benefits at the Social Security Administration. These payments are credited monthly as if the disabled parent had paid child support. If the payment is less than the monthly child support, then the disabled parent owes the difference. If the disability payment to the child is more than the support amount due, the full monthly support is deemed to have been made.
The disabled parent does not get any credit for the extra in future months. Where can I find information and forms to modify or establish parenting time? Is it a crime to fail to pay child support? The payment of child support is done under a Court order. Failure to follow that order can be punished as contempt of Court.
Among the penalties possible are a jail sentence. It is the goal of the legal system to require compliance with orders. A jail sentence imposed for failure to follow court orders can be avoided by complying with those orders. If the order is for payment of support, then paying support will avoid the jail sentence. Often the Judge will approve a plan that pays current support and a regular payment on the past support arrearage , to avoid a jail sentence. This lien can be enforced by forcing the sale of the property subject to the lien.
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