Kansas child support, custody, visitation, and wage garnishment rules
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
- 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.