Use this Kansas child support law to learn about your
child support rights and responsibilites.
How is Kansas child support determined?
In Kansas, either or both parents could receive a court order
to provide child support for the child. Marital misconduct will not be
considered. The factors the courts consider are:
- the financial resources of the child;
- the health and educational needs of the child;
- the financial resources, needs and obligations of both
parents.
Child support payments are paid through the court clerk or
through the court trustee, unless the court orders otherwise. There are
specific Kansas Supreme Court Child Support Guidelines, designed to be in the
best interests of the child, that the courts use to determine the correct
amount of child support. These will be followed, unless there is an agreement
by the parents as to an amount of child support considered fair and reasonable
by the court.
At what age does child support payments end?
Generally, the obligation ends when the child reaches 18 years
of age unless the child is still in high school - in which case the support
ends upon the child's graduation from high school, or the child's 19th
birthday, whichever occurs first.
Kansas's custody guidelines:
In Kansas, when parents have come to an agreement on their own
concerning child custody, the courts will approve it, if it’s in the best
interests of the child. If they cannot, then the courts will decide these
issues for them.
Joint or sole custody may be awarded based on the best
interests of the child. There is no preference given based on the sex of the
parent, regardless of how old the child is. The court considers the
following factors:
- any time when the child was under the care of someone other
than a parent, and those particular circumstances;
- the preference of the child;
- the wishes of the parents;
- the child’s adjustment to home, school and community
settings;
- the relationship the child has with each significant family
member;
- the willingness of each parent to respect the bond between
the child and the other parent;
- any spousal abuse.
Joint custody may be awarded if the court finds both parents
are suitable. Also, the court may require the parents to submit a joint custody
plan.
Kansas's medical insurance guidelines:
Generally, the decision as to which parent is going to provide
medical insurance coverage for the child and how medical bills will be paid is
set out in the marital settlement agreement. If not, the courts will include
orders for the inclusion of the child under a medical or medical/dental
insurance policy for the child, or in some manner provide for the current and
future medical needs of the child.
How permanent are the provisions for Kansas child support
and custody ?
Court orders providing for support and custody of children are
subject to change or modification to reflect significant changes in income,
and/or living arrangements of the children.
While all orders
concerning the children are modifiable in the future, we encourage you to not
enter into an agreement based on the idea that it can always be changed or
modified later.
Wage garnishment for child support payments:
Yes. Kansas, like most states, has a provision for withholding
child support directly from the earnings of the parent who has been ordered to
provide support. It is withheld much like income tax is withheld from earnings
payments.
This way of paying and receiving child support is generally
easier for both parties and considered a very dependable solution. The way it
typically works is, once the support is withheld, it is then sent to the state
agency authorized to receive and disburse payments. Once it has been verified
that the support was paid, it is then sent to the parent designated to receive
the support.
How does joint custody work?
The current trend is to encourage parents to work together for
the best interests of their children. Joint custody is now widely recognized by
parents, courts and state legislatures as the preferred parenting plan for
divorcing parents. In Kansas, joint custody may be awarded if the court finds
both parents are suitable. Also, the court may require the parents to submit a
joint custody plan.
Specifically, joint custody is a form of custody of minor
children that requires both parents to share the responsibilities of the
children, and for both parents to approve all major decisions related to the
children.
While joint custody is a 50-50 sharing of responsibilities and
major decisions affecting the children, it rarely works out to be a 50-50
sharing of time with the children. Usually one parent is named as the primary
joint custodian and the other parent is granted visitation. The primary joint
custodian typically retains the decision making power to determine the
child’s primary residence and school and to designate things such as the
child’s primary physician.
How Kansas determines child visitation:
Generally, parents are free to visit with their children at all
times that are mutually agreed to by both parents. However, when parents cannot
agree, the standard visitation schedule accepted most everywhere in the nation
is:
- every other weekend;
- four to six (4-6) weeks during the summer;
- alternating holidays.
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