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FAQs About Child Support
Kansas Child Support: What to Do If Your Income Changes and How to File for Adjustments
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If you are struggling to understand these guidelines or need help filing a motion, please contact Kansas Legal Services or a local attorney immediately. Delay can impact your rights and obligations.
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I make less than when my child support amount was set. How do I change the amount I pay?
The Court must order a reduction of child support, based on a request of the parent. This request is called a motion, which must be filed with the Clerk of the District Court and set for a hearing.
→ Use the form: Motion to Modify Child Support.
Procedural Note
→ There will be a filing fee of $62 for filing the motion unless you qualify for a waiver of the filing fee. You can find the Request to Waive Filing Fees form online.
Important Considerations:
- → If you left a higher paying job voluntarily or were terminated for misconduct, the Court may continue to use your higher wages (Imputed Income) as the basis for figuring your child support.
- → If the change is due to the loss of a job, you need to file something quickly as the Judge cannot change support for the past.
How do I get child support to stop?
If you believe child support should stop (e.g., due to a change in parenting time or child's age), you need to get the court order modified.
CRITICAL DEADLINE WARNING:
→ You should file soon after circumstances change, since it is not possible to go back in time and reset the child support due (arrears).
Age-Based Reduction:
- → If one child turns 18 (and finishes high school), and there are other children under 18, there is an automatic reduction based on the % reduction in the number of children.
- → You can still file a motion to modify if the calculation shows support should be reduced by more than the automatic percentage.
How do I file a motion to change the amount of child support, up or down?
If you qualify (typically for a change of 10% or more), you should file your motion as soon as possible.
Worksheet Requirement:
→ Use the free Child Support Worksheet (KLS interactive form) when the combined income of both parents is less than $50,000.
*Note: If combined income is over $50,000, you will need to find a worksheet from another source.
What is the Kansas Payment Center? Where can I go to see if child support was paid to me?
All payments under Kansas child support orders are paid through the Kansas Payment Center (KPC).
- → Any payment not paid through the KPC may not be recorded as a real payment under the Court Order.
- → Either parent can review payment records on the KPC website: www.kspaycenter.com.
- → For direct deposit, use the forms on the KPC website to alert them of your bank account. This speeds up receipt of payment.
- → If you change banks, update your direct deposit information using the KPC form, requiring information and a VOIDED check.
How do I find out what I owe in back support (Arrears)?
Arrears is the amount of support that has become due every month and is unpaid. No Judge can make the arrears go away.
To calculate your arrears, follow these steps:
- Step 1: Determine the total amount of support ordered since the initial order (Month x Amount). Adjust for any changes in the ordered amount.
- Step 2: Determine the total amount of all payments made, which should be found at www.kspaycenter.com.
- Step 3: Deduct payments from the total ordered support to find the arrears amount.
- Step 4 (Optional): If an order allows for interest, calculate it at 10% a year (KSA 16-204).
Are there any cautions about filing a motion to increase child support?
CAUTION: Multi-Family Adjustment Risk
- → When you file a motion to increase support, the paying parent can include "after born" children (younger children not considered previously).
- → The inclusion of those children (using the multi-family adjustment) can end up reducing the amount of support paid to you.
- → Be careful! Consider the effect of these children before filing the motion to increase support.
What is the connection between child support and seeing my children?
Can I stop paying because the mother won’t let me see my children?
Kansas law is specific: There is no "right" to see your child that is earned by paying child support. Alternatively, there is no "right" to withhold parenting time because a parent does not pay child support.
- → Both child support and parenting time are separate Court orders.
- → Failure to follow either order can expose the parent to a finding of "contempt of Court," which can result in a fine, jail time, or other sanctions.
What is "Imputed Income"?
The Court will always assume that each parent can make minimum wage, full time (currently about $1256 a month). This is called imputed wages/income.
CRITICAL: Retroactive Support Changes
Can the Judge change support for the past?
→ NO. Every month that ends creates a final legal judgment of child support due. Any motion seeking a change in child support can only change support beginning in the next month after the motion is filed.
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