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What is Child Support?
According to the Kansas Supreme Court, child support is monetary support used to pay for and provide for the needs of a child, regardless of where that child resides. The child’s needs include all direct and indirect expenses that are related to the everyday care and well-being of the child.
Direct expenses cover fixed expenses paid directly to a third party, such as school, recreational activities, or sports. The necessary supplies required to support such activities are also included as direct expenses.
Indirect expenses are fees associated with benefits to the child but that are not paid expressly for their personal needs. Examples of indirect expenses include food, transportation, housing, and utilities. Indirect expenses are usually the responsibility of each parent within their own home and are not shared.
Who is Responsible for Paying Child Support?
It is the legal responsibility of both parents to support their child financially. In most cases, the custodial parent or the parent with primary residence receives child support from the other parent.
What is Child Support Income?
To determine each parent’s child support income, each gross income is considered, and then certain adjustments are made. To calculate gross income, the following monetary contributions are considered:
For salaried parents:
- Bonuses and commissions
- Overtime and extra pay
- Vacation pay
- Military or National Guard pay
- Disability payments
- Worker’s compensation
- Retirement distributions
Self-employed parents include the income from their business after deducting reasonable business expenses, which are not necessarily the same as expenses deducted for tax purposes. Any payments received regularly and periodically are also included in gross income totals for self-employed parents.
For salaried and self-employed parents, gross income does not include child support payments for children from a separate relationship or public assistance based on familial need. Gifts and other inheritances are also typically not included.
Income may be imputed when a parent is underemployed, voluntarily unemployed, or refuses to provide proof of income. Income will be imputed by a court with the following considerations:
- Employment and earning history of the parent
- Prior income of the parent
- The parent’s ability to work
- Other factors include job skills, employment opportunities within the community, health, and the parent’s age.
After gross income and deductions for both parents are determined, the net child support obligation will be calculated with a child support worksheet.
What Other Factors Influence Child Support?
Kansas family courts make decisions with the child’s best interests in mind. To do this, the court will consider several key factors to ensure a reasonable support order and to account for the unique circumstances of each case. Such factors include:
- The gross income of each parent
- The number of involved children
- The custodial arrangements
- Healthcare and childcare costs
- Educational expenses
- Any special needs of the child
- The cost of travel for visitation
What Adjustments are Considered for Child Support Totals?
While the support obligation calculated serves as a starting point, legal guidelines allow for several adjustments. Some adjustments are mandatory under specific circumstances, while others are at the judge’s discretion.
Adjustments for Parental Time
The courts recognize that any significant time spent with a child by the noncustodial parent will result in money being spent on purchases typically made by the custodial parent. In this case, a judge may choose to reduce the noncustodial parent’s owed support based on one of the following:
- Parenting time formula: This formula stipulates that if a child spends more than 35% of the time with the noncustodial parent, then the judge can adjust the amount of support based on parenting time, which does not include time spent at school. The formula specifies that a 10% reduction is necessary when 35-39% of parenting time is spent with the noncustodial parent, a 20% reduction when 40-44% of parenting time is spent with the noncustodial parent, and a 30% reduction when 45-49% of parenting time is spent with the noncustodial parent.
- Actual cost adjustment: This adjustment is based on the increased costs incurred by the noncustodial parent for the additional parenting time and the savings of the custodial parent.
For parents with equal or shared parenting time:
- Equal parenting formula: One parent is responsible for paying all of the child’s direct expenses while the other parent’s obligations are adjusted to account for these expenses.
- Shared expense formula: This formula requires parents to keep records and cooperate to share all of the child’s direct expenses.
Adjustments for Health Insurance and Child Care
Kansas guidelines allow for the following costs to be added to the total child support obligation as long as they are considered reasonable:
- Premiums for the health, dental, and vision insurance of the child
- Child care necessary for a parent to work or seek employment
The parent responsible for paying these expenses will receive a credit for their support obligation.
Adjustment for Low-Income Parents
An “Ability to Pay” calculation is used to ensure that noncustodial parents are able to meet basic needs when support obligations are made. The amount listed in the federal poverty guideline for a single-person household is subtracted from the parent’s support income. If the amount calculated is less than the support obligation, then the judge will decide on a support amount that is in the best interest of the child.
Do I Need an Attorney?
If you have questions regarding child support payments or plans, we are here to help you. We are ready to fight with you for the needs, prosperity, and financial stability of your child. Call Barnds Law LLC at 913-270-0505 or fill out a contact form for a consultation.
