Kansas Child Support Template

Kansas Child Support Template

The Kansas Child Support Guidelines form a foundational framework for determining child support obligations in Kansas, adhering to the standards set by the Supreme Court Administrative Order Nos. 260 and 261, which were amended and became effective in April 2012. Designed to ensure fairness and consistency, these guidelines include a detailed process for calculating child support, outlined through components like income computation, adjustments, and the child support worksheet. For anyone navigating child support in Kansas, understanding and filling out the child support form properly is crucial for ensuring the responsibilities meet legal standards and the child's needs.

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Establishing a fair and equitable child support order that reflects the financial responsibilities of both parents towards their child's welfare is a significant aspect of family law in Kansas. The Kansas Child Support Guidelines, enforced through the Kansas Supreme Court Administrative Order No. 260 and 261, provide a comprehensive framework designed to guide judges, hearing officers, and parents in determining the appropriate amount for child support. Effective from April 1, 2012, these guidelines encompass a variety of key components, including definitions, use of the guidelines, general and specific instructions for completing the child support worksheet, and considerations for situations that may require adjustments to the standard child support calculation. Notably, the guidelines lay out the process for calculating the Net Parental Child Support Obligation by employing a detailed worksheet that incorporates factors such as income (both for wage earners and the self-employed), parental adjustments, and child support adjustments for special circumstances. This structured approach aims to ensure that child support orders are reasonable, taking into account the parenting time, the financial conditions of the parties, and any additional expenses associated with raising the child. Adjustments to the presumption of child support may be made, following evidence-based justifications that highlight the necessity for deviation in particular cases, ensuring that the child’s best interest remains the focal point of any child support order.

Kansas Child Support Preview

KANSAS

CHILD SUPPORT GUIDELINES

Pursuant to Kansas Supreme Court Administrative Order No. 260 261 Amended March 26, 2012

Effective April 1, 2012

 

 

 

TABLE OF CONTENTS

 

I.

USE OF THE GUIDELINES

1

II.

DEFINITIONS AND EXPLANATION

2

 

II.A.

Child Support

2

 

II.B.

Child Support Worksheet

2

 

II.C.

Child Support Schedules

2

 

II.D.

Domestic Gross Income - Wage Earner

3

 

II.E.

Income Computation - Self-Employed

4

 

 

II.E.1. Self-Employment Gross Income

4

 

 

II.E.2. Reasonable Business Expenses

4

 

 

II.E.3. Domestic Gross Income - Self-Employed

4

 

II.F.

Imputed Income

4

 

II.G.

Child Support Income

5

 

II.H.

Child Support Adjustments

5

III.

GENERAL INSTRUCTIONS

5

 

III.A.

Documentation

5

 

III.B.

Applications

6

 

 

III.B.1. Rounding

6

 

 

III.B.2. Age

6

 

 

III.B.3. Income Beyond the Child Support Schedule

6

 

 

III.B.4. More than Six Children

6

 

 

III.B.5. Divided Residency Situations

7

 

 

III.B.6. Multiple-Family Application

7

 

 

III.B.7. Sharing Equal or Nearly Equal Time and Expenses

8

 

 

III.B.8. Residence with a Third Party

12

 

 

III.B.9. Interstate Pay Differential

12

 

 

III.B.10. Birth Expenses

13

IV.

SPECIFIC INSTRUCTIONS FOR THE WORKSHEET

13

 

IV.A.

Income Computation - Wage Earner (Section A)

13

 

IV.B.

Income Computation - Self-Employed (Section B)

13

 

IV.C.

Adjustments to Domestic Gross Income (Section C)

13

 

 

IV.C 1.

Domestic Gross Income (Line C.1)

14

 

 

IV.C 2.

Court-Ordered Child Support Paid (Line C.2)

14

 

 

IV.C 3.

Court-Ordered Maintenance Paid (Line C.3)

14

 

 

IV.C 4.

Court-Ordered Maintenance Received (Line C.4)

14

 

 

IV.C 5.

Child Support Income (Line C.5)

14

 

IV.D.

Computation of Child Support (Section D)

14

 

 

IV.D.1. Child Support Income (Line D.1)

14

 

 

IV.D.2. Proportionate Shares of Combined Income (Line D.2)

15

 

 

 

I

 

 

IV.D.3. Gross Child Support Obligation (Line D.3)

15

 

IV.D.4. Health, Dental, Orthodontic, and Optometric Expenses (Line D.4)

 

......................................................................................................

15

 

IV.D.5. Work-Related Child Care Costs (Line D.5)

16

 

IV.D.6. Parents’ Total Child Support Obligation (Line D.6)

17

 

IV.D.7. Parental Child Support Obligation (Line D.7)

17

 

IV.D.8. Adjustment for Health, Dental, Orthodontic, and Optometric

 

 

Premiums and Work-Related Child Care Costs (Line D.8)

17

 

IV.D.9. Basic Parental Child Support Obligation (Line D.9)

18

 

IV.E. Child Support Adjustments (Section E)

18

 

IV.E.1. Long-Distance Parenting Time Costs (Line E.1)

18

 

IV.E.2. Parenting Time Adjustment (Line E.2)

18

 

IV.E.3. Income Tax Considerations (Line E.3)

20

 

IV.E.4. Special Needs or Extraordinary Expenses (Line E.4)

20

 

IV.E.5. Support of Children Beyond the Age of Majority (Line E.5)

21

 

IV.E.6. Overall Financial Conditions of the Parties (Line E.6)

21

 

IV.E.7. Total (Line E.7)

22

 

IV.F. Deviation(s) From Rebuttable Presumption Amount (Section F)

22

 

IV.F.1. Basic Parental Child Support Obligation (Line F.1)

22

 

IV.F.2. Total Child Support Adjustments (Line F.2)

22

 

IV.F.3. Adjusted Subtotal (Line F.3)

22

 

IV.F.4. Equal Parenting Time Obligation

22

 

IV.F.4. IVF.5. Enforcement Fee Allowance (Line F.4 F.5)

22

 

IV.F.5. IV.F.6 Net Parental Child Support Obligation (Line F.5 F.6)

23

 

IV.G. Payment of Child Support

23

V.

CHANGE OF CIRCUMSTANCES

24

VI.

REVIEW OF GUIDELINES

25

ENDNOTES

26

APPENDIX I

31

 

Child Support Worksheet

31

APPENDIX II

33

 

Child Support Schedules

33

APPENDIX III

45

 

Domestic Relations Affidavit

45

APPENDIX IV

54

 

Interstate Pay Differential

54

APPENDIX V

60

 

Income Tax Considerations

60

 

Section A - Dependent’s Exemption And Child Tax Credit

60

 

Section B – Head of Household Adjustment

61

 

II

 

Section C – Additional Information

62

Federal Income Tax Factors

63

Kansas Income Tax Factors

64

APPENDIX VI

66

Cafeteria Plans and Salary Reduction Agreements

66

APPENDIX VII

67

Completed Sample Child Support Worksheet

67

Completed Sample Child Support Worksheet

69

Equal Parenting Time (EPT) Worksheet

71

APPENDIX VIII

72

Examples and Scenarios for Preparing the Child Support Worksheet

72

EXAMPLE 1. Section IV. Specific Instructions for the Worksheet

72

EXAMPLE 2. Section III. General Instructions

77

APPENDIX IX

79

Military Pay and Allowances

79

APPENDIX X

82

Example Plans for Sharing Direct Expenses Under III.B.7

82

APPENDIX XI

85

Shared Expense Formula Example

85

Equal Parenting Time (EPT) Worksheet (Sample)

87

Equal Parenting Time (EPT) Worksheet

88

TOPIC INDEX

89

III

KANSAS CHILD SUPPORT GUIDELINES

Pursuant to Kansas Supreme Court Administrative Order 260 261

Effective April 1, 2012

I.USE OF THE GUIDELINES

The Kansas Child Support Guidelines are the basis for establishing and reviewing child support orders in Kansas, including cases settled by agreement of the parties. Judges and hearing officers must follow the guidelines and the court shall consider all relevant evidence presented in setting an amount of child support.

The Net Parental Child Support Obligation is calculated by completing a Child Support Worksheet (Appendix I).

The calculation of the respective parental child support obligations on Line D.9 of the worksheet is a rebuttable presumption of a reasonable child support order. If a party alleges that the Line D.9 support amount is unjust or inappropriate in a particular case, the party seeking the adjustment has the burden of proof to show that an adjustment should apply. If the court finds from relevant evidence that it is in the best interest of the child to make an adjustment, the court shall complete Section E of the Child Support Worksheet. The completion of Section E of the worksheet shall constitute the written findings for deviating from the rebuttable presumption.

1

II.DEFINITIONS AND EXPLANATION II.A. Child Support

The purpose of child support is to provide for the needs of the child. The needs of the child are not limited to direct expenses for food, clothing, school, and entertainment. Child support is also to be used to provide for housing, utilities, transportation, and other indirect expenses related to the day-to-day care and well-being of the child.

II.B. Child Support Worksheet

The worksheet should contain the actual calculation of the child support based on Child Support Income, Work-Related Child Care Costs, Health, Dental, Orthodontic, and Optometric Insurance Premiums, and any Child Support Adjustments. (See Section IV, Specific Instructions for the Worksheet and Appendix VII for a completed sample worksheet.)

II.C. Child Support Schedules

The Child Support Schedules (Appendix II) are adopted by the Kansas Supreme Court based on the recommendation of the Kansas Child Support Guidelines Advisory Committee.1 The schedules are based upon national data regarding average family expenditures for children, which vary depending upon three major factors: the parents’ combined income, the number of children in the family, and the ages of the children.2 The schedules are derived from an economic model initially developed in 1987 by Dr. William Terrell.3 In the fall of 1989, Dr. Ann Coulson updated the schedules,4 which were then modified downward at lower income levels in 1990 at the Court’s request, and adjusted for current economic data in 1993.5 Dr. William Terrell reviewed various studies and foundation data in 1998 and 2002. These reviews led to updated schedule proposals; however, no changes were made in 1998. His more recent statistical analyses and attendant schedule changes provide the basis for the committee’s recommendations that were adopted by the Court in 2003.6 Dr. Jodi Messer-Pelkowski worked with Dr. Terrell during the review period which led to the adoption of Kansas Supreme Court Administrative Order No. 180 effective January 1, 2004, and took over Dr. Terrell’s work during 2005.7 Her analysis of economic data in spending on children served as the basis for the committee recommendations in 2007 and in 2011.

2

The schedules take into consideration that income deductions for social security, federal retirement, and federal and state income taxes, as well as property taxes on owner-occupied housing, are not available to the family for spending.8 Thus, although the schedules use combined gross monthly income as an index that identifies values in the child support schedules, the entries in the schedules used to calculate the actual child support obligation are based upon either consumption spending9 or after-tax income, whichever is lower. The schedules also include a built-in reduction from average expenditures per child (the dissolution burden), because of the financial impact on the family of maintaining two households instead of one.10

II.D. Domestic Gross Income - Wage Earner

The Domestic Gross Income for the wage earner is income from all sources, including that which is regularly or periodically received, excluding public assistance and child support received for other children in the residency of either parent. For purposes of these guidelines, the term “public assistance” means all income, whether in cash or in-kind, which is received from public sources and for which the recipient is eligible on the basis of financial need. It includes, but is not limited to, Supplemental Security Income (SSI), Earned Income Credit (EIC), food stamps, Temporary Assistance for Needy Families (TANF), General Assistance (GA), Medicaid, Low Income Energy Assistance Program (LIEAP), Section 8, and other forms of public housing assistance.

It may be necessary for the court to consider historical information and the seasonal nature of employment. For example, if overtime is regularly earned by one of the parties, then a historical average of one year should be considered.

In instances where one or both of the parties is employed by a branch of the armed forces or is called to active duty by a branch of the armed forces, then the court shall include the basic pay of the party plus Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS). The court may consider cost of living differences in determining the Domestic Gross Income. Depending upon the facts of the case, the court may consider the BAH II Incentive or Special Pays and other forms of pay as found in Appendix IX.

Frequently, a wage earner’s income is adjusted for a salary reduction arrangement for qualified benefits offered under a cafeteria plan (see Appendix VI). In such cases, the use of gross wages (total income before

3

any salary reduction amounts) results in the simplest and fairest application of the guidelines. Therefore, the gross income of the wage earner, regardless of whether it is taxable or nontaxable, is to be used to compute child support payments.

II.E. Income Computation - Self-Employed

II.E.1. Self-Employment Gross Income

Self-Employment Gross Income is income from self-employment and all other income including that which is regularly and periodically received from any source excluding public assistance and child support received for other children in the residency of either parent.

II.E.2. Reasonable Business Expenses

In cases of self-employed persons, Reasonable Business Expenses are those actual expenditures reasonably necessary for the production of income. Depreciation shall be included only if it is shown that it is reasonably necessary for the production of income. Reasonable Business Expenses shall include the additional self-employment tax paid over and above the FICA rate.

II.E.3. Domestic Gross Income - Self-Employed

Domestic Gross Income for self-employed persons is self-employment gross income less Reasonable Business Expenses.

II.F. Imputed Income

II.F.1. Income may be imputed to the parent not having primary residency11 in appropriate circumstances, including the following:

II.F.1.a. Absent substantial justification, it should be assumed that a parent is able to earn at least the federal minimum wage and to work 40 hours per week. Incarceration does not constitute substantial justification.

II.F.1.b. When a parent is deliberately unemployed, although capable of working full-time, employment potential and probable earnings may be based on the parent’s recent work history, occupational skills, and the prevailing job opportunities in the community.

4

II.F.1.c. If a parent is terminated from employment for misconduct, rather than laid off, their previous wage may be imputed, but shall not be less than federal minimum wage.

II.F.1.d. When a parent receives significant in-kind payment that reduces personal living expenses as a result of employment, such as a company car, free housing, or reimbursed meals, the value of such reimbursement should be added to gross income.

II.F.1.e. When there is evidence that a parent is deliberately underemployed for the purpose of avoiding child support, the court may evaluate the circumstances to determine whether actual or potential earnings should be used.

II.F.2. Income may be imputed to the parent having primary residency in appropriate circumstances, but should not result in a higher support obligation for the other parent.

II.G. Child Support Income

Child Support Income is the Domestic Gross Income after adjustments for child support paid in other cases and for maintenance paid or received in the present case or other cases. (See Section IV, Specific Instructions for the Worksheet, Subsection D.1 and Appendix VII for a sample worksheet.)

II.H. Child Support Adjustments

Child Support Adjustments are considerations of additions or subtractions from the Net Parental Child Support Obligation to be made if in the best interests of the child. (See Section IV, Specific Instructions for the Worksheet, Subsection E.)

III.GENERAL INSTRUCTIONS

III.A. Documentation

The party requesting a child support order or modification shall present to the court a completed worksheet, together with a completed Domestic Relations Affidavit (Appendix III). This information shall assist the court in confirming or adjusting the various amounts entered on the worksheet.

5

The information required shall be attached to the application for support or motion to modify support.

A worksheet approved by the court shall be filed in every case where an order of child support is entered.

III.B. Applications

III.B.1. Rounding

Calculations should be rounded to the nearest tenth for percentages.

Calculations should be rounded to the nearest dollar in all instances.

In using the Child Support Schedules for income amounts not shown, it may be necessary to round to the nearest basic child support obligation amounts.

III.B.2. Age

In determining the age of a child, use the age on the child’s nearest birthday.

III.B.3. Income Beyond the Child Support Schedule

If the Combined Child Support Income exceeds the highest amount shown on the schedules, the court should exercise its discretion by considering what amount of child support should be set in addition to the highest amount on the Child Support Schedule. For the convenience of the parties, a formula is contained at the end of each child support schedule to compute the amount that is not set forth on the schedules (see Appendix VIII, Example 2).

III.B.4. More than Six Children

If the parties share legal responsibility for more than six children, support should be based upon the established needs of the children and be greater than the amount of child support on the Six Child Families’ Schedule.

6

Document Information

Fact Detail
Governing Law Kansas Supreme Court Administrative Order No. 260 261, Amended March 26, 2012, Effective April 1, 2012
Purpose The guidelines serve as the foundation for establishing and modifying child support across Kansas, ensuring a standard procedure is followed.
Calculation Basis The Net Parental Child Support Obligation is determined using a Child Support Worksheet, which considers various incomes and expenses to compute a fair child support amount.
Adjustments and Deviations If deemed unjust or inappropriate, adjustments to the child support amount can be requested. However, the burden of proof lies with the party seeking the adjustment. The court evaluates the evidence and may deviate from the standard calculation to best serve the child's interest.

Guidelines on Utilizing Kansas Child Support

The Kansas Child Support Guidelines serve as a crucial framework for determining and revising child support payments within the state. When setting the child support amount, the judicial system relies on these guidelines to ensure fairness and consistency across cases. The guidelines outline the procedure for filling out a Child Support Worksheet, which helps calculate the Net Parental Child Support Obligation. This calculation creates a baseline for what is considered a reasonable child support payment. If there's a belief that this amount does not fit the needs of the specific situation, it's the responsibility of the concerned party to prove why an adjustment is necessary. If approved, any adjustments will be documented in a specific section of the worksheet, providing a written record of the deviation from the standard calculation.

  1. Begin by reviewing the complete Kansas Child Support Guidelines document to familiarize yourself with the definitions, instructions, and procedures outlined.
  2. Locate Appendix I in the document, which contains the Child Support Worksheet you'll need to complete for your case.
  3. Fill out Section A of the worksheet with information about the wage earner's income, following the guidelines provided in IV.A.
  4. In Section B, input details about the self-employed parent's income, ensuring to include gross income and reasonable business expenses as outlined in IV.B.
  5. Proceed to Section C, which involves adjustments to the Domestic Gross Income. This includes reporting any court-ordered child support paid, maintenance paid or received, and other adjustments to arrive at the Child Support Income (Line C.5).
  6. Calculate the Child Support Income (Line D.1) in Section D, and follow the subsequent steps (IV.D.2 through IV.D.9) to determine the Gross Child Support Obligation, including adjustments for health-related expenses and child care costs.
  7. In Section E, make any necessary adjustments for long-distance parenting costs, income tax considerations, special needs, or extraordinary expenses, following the guidelines outlined in IV.E.
  8. If applicable, complete Section F for any deviations from the standard child support calculation. This involves justifying and documenting reasons for adjusting the Basic Parental Child Support Obligation calculated in Section D.
  9. Review the adjustments made in previous sections to ensure accuracy and completeness of the information provided. Pay special attention to any documented deviations from the standard calculation to ensure they are fully supported by the guidelines.
  10. Finally, consult the Payment of Child Support section (IV.G.) for instructions on how child support payments should proceed based upon the calculated Net Parental Child Support Obligation.

After completing the Child Support Worksheet according to these steps, the filing party should submit it as part of the child support order process. This document will serve as a key point of reference in determining the appropriate child support payment consistent with Kansas' legal standards and the best interests of the child.

Important Points on This Form

What are the Kansas Child Support Guidelines?

The Kansas Child Support Guidelines establish the framework for setting and revising child support payments within the state. These guidelines are used by judges and hearing officers to determine the appropriate amount of child support. They include a calculation method that takes into account the parents' incomes, the child's needs, and other factors to establish a fair child support amount. This calculated amount is considered a rebuttable presumption, meaning it can be challenged under certain circumstances.

How is the child support amount determined?

Child support is determined using a Child Support Worksheet, which calculates the Net Parental Child Support Obligation. This involves a detailed process that takes into account both parents' gross incomes, allowable deductions, and the child's health and education needs among other factors. The worksheet computes a basic obligation for each parent, which is presumed to be reasonable and fair. However, this amount can be contested by presenting relevant evidence that an adjustment is necessary.

Can the calculated child support amount be adjusted?

Yes, the child support amount calculated by the Child Support Worksheet can be adjusted. This is possible if one of the parties involved presents compelling evidence that the recommended amount is unjust or inappropriate given the specifics of the case. If the court is convinced that adjusting the amount is in the child's best interest, it will make necessary changes by completing Section E of the Child Support Worksheet. These adjustments could include considerations for long-distance parenting costs, shared parenting time, or extraordinary expenses for the child.

What constitutes "gross income" for child support calculations?

Gross income for child support calculations includes a variety of income sources such as wages from employment, self-employment earnings, bonuses, commissions, military pay, and many other types of income. For self-employed individuals, gross income is determined by subtracting reasonable business expenses from their total earnings. The guidelines provide a comprehensive list of what counts as income, ensuring that the child support calculations are based on the parents' total financial capabilities.

Are there special considerations for self-employed parents?

Yes, there are specific considerations for self-employed parents in calculating child support. The guidelines require that gross income for self-employed individuals accounts for reasonable business expenses before determining domestic gross income. This is critical to accurately reflect the parent’s income available for child support. The self-employed parent must provide detailed documentation of their income and expenses to ensure a fair calculation.

What happens if a parent's income changes significantly?

If a parent experiences a significant change in income, either parent can request a review and adjustment of the child support order. This process involves submitting a new Child Support Worksheet reflecting the current financial situation. The court will evaluate the new information and may adjust the child support payment amount accordingly to ensure it remains fair and reasonable based on the parents' current financial status.

How does shared parenting time affect child support calculations?

Shared parenting time has a significant impact on child support calculations. When parents share equal or near-equal time with their child, the guidelines offer a specific method to adjust the child support amount. This reflects the financial contributions of both parents towards the child's needs during shared parenting time. The worksheet accounts for increased costs associated with maintaining two homes for the child and may result in adjustments to the child support obligation.

What documentation is required for child support calculations?

Documenting both parents' income and expenses is crucial for accurate child support calculations. Required documentation often includes tax returns, pay stubs, business financial statements for self-employed parents, and records of any court-ordered support payments for other children. Accurate documentation ensures a fair and equitable child support determination that accurately reflects each parent’s financial capabilities.

How often can a child support order be reviewed or adjusted?

Child support orders can be reviewed and potentially adjusted every three years or whenever there is a significant change in circumstances, such as a substantial increase or decrease in either parent’s income or a significant change in the child's financial needs. Either parent can request a review if they believe an adjustment is warranted. The court will then consider the current financial information of both parties to determine if an adjustment to the child support order is appropriate.

Common mistakes

  1. Not accurately reporting income: People often make errors by underreporting their income or not including all sources of income. This can include failing to report self-employment income, bonuses, and other benefits.

  2. Misunderstanding the definition of domestic gross income: It's common to misinterpret what counts towards domestic gross income, especially for self-employed individuals. Incorrectly categorizing business expenses can lead to inaccurate income calculations.

  3. Omitting court-ordered payments: Another mistake is failing to include court-ordered child support or maintenance payments from previous relationships. These payments should be deducted from your income.

  4. Incorrectly calculating adjustments: Adjustments for health, dental, or child care costs are often miscalculated. This can significantly impact the final child support amount.

  5. Ignoring the shared residency guidelines: For parents who share custody, there are specific guidelines to follow, which are often overlooked. Not following these can result in incorrect child support obligations.

  6. Not considering the need for deviations: Sometimes, there are valid reasons to deviate from the standard child support calculation. Failing to document and argue for these deviations could result in an unfair support order.

When filling out the Kansas Child Support Worksheet, it's crucial to take your time and ensure that all information is accurate and complete. Understanding the guidelines and seeking professional advice if needed can help avoid these common mistakes.

Documents used along the form

When navigating child support matters in Kansas, having a clear understanding of the essential forms and documents can significantly streamline the process. The Kansas Child Support Guidelines form is a cornerstone document, but it's often accompanied by several other forms and documents to ensure a comprehensive and fair assessment of child support responsibilities. Below is a list of eight critical forms and documents often utilized along with the Kansas Child Support Guidelines form, each playing a crucial role in the child support determination and enforcement process.

  • Domestic Relations Affidavit (DRA): This affidavit provides a detailed account of the financial status of both parents, including income, expenses, assets, and liabilities. It's used to accurately assess each parent's financial capability and needs.
  • Parenting Plan: This document outlines the custody and visitory arrangements agreed upon by both parents, which can impact the calculation of child support, especially in shared custody situations.
  • Income and Expense Statement: Similar to the DRA, this form offers a snapshot of a parent's monthly income and expenditures, further aiding in the accurate computation of child support obligations.
  • Child Support Worksheet: Included as an appendix in the Kansas Child Support Guidelines, this worksheet is essential for calculating the specific amount of child support, factoring in the incomes of both parents, and other relevant financial information.
  • Health Insurance Information: Health insurance coverage for the child(ren) is a vital consideration in child support cases. This documentation outlines the available health insurance plans and costs to ensure that healthcare needs are factored into the child support calculation.
  • Modification Request: Circumstances change, and when they do, this form is used to request an adjustment to the initial child support order, whether it's an increase or decrease in the support amount, based on new financial situations or needs of the child.
  • Employment Verification: This document confirms the employment status and income level of a parent, providing proof of earnings for accurate child support calculations.
  • Arrearage Calculation: In cases where child support payments are overdue, this form helps calculate the total amount of back child support owed, including any interest or penalties.

In working through child support proceedings, having these documents prepared can significantly contribute to a smoother process. Each form and document plays a critical role in ensuring that the child support determined is fair, accurate, and meets the needs of the child or children involved. Whether you're just beginning the child support process or are revisiting an existing child support order, understanding and utilizing these documents is pivotal.

Similar forms

The Kansas Child Support form is similar to various other legal documents used across different states and platforms for the purpose of determining financial obligations towards child support. Each document, while tailored to its specific jurisdiction or purpose, shares commonalities in structure, content, and intent with the Kansas Child Support Guidelines.

One such document is the Federal Income Tax Return. Both the Kansas Child Support Guidelines and the Federal Income Tax Return require detailed financial information from the individual to accurately assess financial responsibility or tax liability. Specifically, the Kansas guidelines and the tax return both consider income from all sources, allowable deductions, and adjustments to income. For instance, in calculating child support, the Kansas form takes into account the non-custodial parent's gross income similarly to how gross income is assessed on a tax return. Adjustments are then made for things like taxes paid or other support obligations, mirroring the deductions and credits seen in tax processing.

Another document with similarities is the Domestic Relations Affidavit (Appendix III). This affidavit, required in many family law cases, provides a comprehensive financial snapshot of the individual, much like the detailed financial disclosure needed for the Kansas Child Support Worksheet. Both documents outline income, expenses, assets, and liabilities to create a clear financial picture. The purpose of the Domestic Relations Affidavit is to inform the court about each party's financial status, which is crucial for determining matters of alimony, child support, and division of assets, paralleling how the Kansas Guidelines use financial details to establish fair child support amounts.

The Uniform Interstate Family Support Act (UIFSA) Affidavit also shares characteristics with the Kansas Child Support Guidelines. Although focusing on inter-state child support enforcement and establishment, the UIFSA affidavit gathers detailed financial information from the respondent or obligor, similar to the Kansas Child Support Worksheet. Both documents aim to ensure that child support orders are fair and based on accurate, current financial information. By collecting similar types of financial data, they allow for the determination of an individual's ability to pay child support, ensuring children's needs are met regardless of where the parents live.

Dos and Don'ts

When filling out the Kansas Child Support form, individuals must navigate a detailed process designed to ensure fair and consistent support for children. It is imperative to approach this task with care and attention to detail. Below are key dos and don'ts that can help in accurately completing the form.

  • Do thoroughly read the Kansas Child Support Guidelines provided by the Supreme Court, as these form the foundation for all decisions related to child support in Kansas.
  • Do accurately report all sources of income, including wages, self-employment earnings, and any other relevant income, to ensure the child support calculation is fair and reflects your true financial situation.
  • Do provide complete documentation, as required in section III.A of the guidelines, to support the information claimed on your form. This includes tax returns, pay stubs, and any other relevant financial documents.
  • Do use the correct Child Support Worksheet, as found in Appendix I, ensuring all sections are filled out according to the specific instructions given in section IV of the guidelines.
  • Don't attempt to hide or underreport income. This includes not only direct income from employment or self-employment but also any other sources that can influence the child support calculation.
  • Don't ignore the specifics of how child support calculations change based on various custody arrangements, especially those outlined under III.B.7 for shared or equal parenting time and expenses. Each situation may significantly affect the outcome of the support amount.
  • Don't forget to consider applicable adjustments to the child support amount in section IV.E, like long-distance parenting costs, special needs expenses, or income tax considerations, which could materially impact the calculated support.
  • Don't overlook the importance of legal advice. If there are complicated financial situations or disputes about the appropriate amount of child support, consulting with a legal professional who understands the nuances of Kansas's child support guidelines can be invaluable.

Following these dos and don'ts can streamline the process of completing the Kansas Child Support form, help avoid common mistakes, and ensure a fair and appropriate child support arrangement is reached. Remember, the primary goal of these guidelines is to meet the best interests of the children involved, requiring a commitment to accuracy and honesty from all parties.

Misconceptions

When navigating the complexities of child support in Kansas, many individuals encounter misconceptions that can create confusion and lead to improper handling of their case. Understanding the real principles behind the Kansas Child Support Guidelines can clarify these misunderstandings and help ensure that child support determinations are accurate and fair. Below are ten common misconceptions and the facts that debunk them:

  1. Only the non-custodial parent pays child support. In reality, Kansas' approach involves both parents. The guidelines calculate the obligations based on both parties' incomes, aiming for a fair contribution from each towards their child's needs.

  2. Child support payments are fixed until the child turns 18. Actually, adjustments can occur due to changes in financial circumstances, custody arrangements, or the child's needs, as detailed under the "Change of Circumstances" section.

  3. The guidelines only apply to parents with a traditional employment income. The guidelines also accommodate self-employed individuals through a detailed process for determining their income, ensuring they contribute a fair amount towards support.

  4. Child support covers basic living expenses only. Besides everyday expenses, Kansas child support may include costs related to education, health care, and other significant needs of the child.

  5. Child support calculations are straightforward and require only the non-custodial parent's income. The process considers various factors, including both parents' incomes, health care costs, and parenting time, requiring careful navigation through multiple steps and adjustments.

  6. My child's other parent and I can agree to waive child support. Any agreement regarding child support must align with the guidelines to ensure it meets the child's best interests, and final approval lies with the court.

  7. If I lose my job, my child support payments automatically stop. Stopping or reducing payments requires a formal court proceeding to adjust the order based on the change in circumstances.

  8. Child support automatically ends when the child turns 18. The guidelines allow for situations where support may continue beyond this age, such as when the child has special needs or is still in high school.

  9. I can stop paying child support if my parenting time is denied. Child support and parenting time are separate issues under the law; non-compliance with one does not justify neglecting the other.

  10. Filling out the child support worksheet is all that’s required to establish a support order. While completing the worksheet is a critical step, the court must review and approve the amount to ensure it adheres to the guidelines and serves the child’s best interests.

Dispelling these misconceptions is crucial for both parents involved in the child support process. By aligning expectations with the realities of the Kansas Child Support Guidelines, parents can more effectively contribute to their child's well-being and navigate the legal system with greater confidence and clarity.

Key takeaways

Filling out and using the Kansas Child Support form is an important process for ensuring the fair and adequate support of children. Here are some key takeaways to help guide you through this crucial task:

  • The Kansas Child Support Guidelines provide the framework for setting and reviewing child support orders in the state, ensuring consistency and fairness in decisions.
  • Child support calculations are based on a Child Support Worksheet, which takes into account the income and financial resources of both parents.
  • The Domestic Gross Income of a parent can include wages from employment, as well as self-employment income, taking into consideration reasonable business expenses.
  • When calculating income, it is sometimes necessary to impute income to a parent if they are unemployed or underemployed without a justifiable reason.
  • Adjustments to the child support amount can be made for a variety of reasons, including healthcare costs, and work-related childcare expenses.
  • The guidelines account for situations with special needs, extraordinary expenses, and shared parenting arrangements, which can affect the child support calculation.
  • A Parental Child Support Obligation is determined through the guideline calculations, which can be adjusted based on specific factors like long-distance parenting costs or shared parenting time.
  • If any adjustments are made, the court must provide written reasons for deviating from the standard calculation, ensuring transparency and accountability in the determination of support amounts.
  • In cases where parents share custody equally or nearly equally, the guidelines provide a method to account for this in the child support calculations, ensuring that the financial responsibilities are distributed fairly.
  • It is essential for both parents to provide accurate and up-to Ma-date financial information when filling out the Child Support Worksheet, as this data directly affects the support calculation.
  • The guidelines also include provisions for changing circumstances, allowing for the adjustment of child support orders when significant changes in a parent's financial situation occur.

Understanding these key aspects of the Kansas Child Support form and guidelines ensures that the child support process is handled correctly and fairly, reflecting the best interests of the child while accommodating the financial abilities of the parents.

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