Article Structure
Navigating the complexities of child support can be challenging, and in Kansas, specific guidelines help streamline the process. The Kansas Child Support form is a vital tool for determining the financial responsibilities of parents who are separated or divorced. It outlines the necessary steps for establishing and reviewing child support orders in the state, ensuring fairness and compliance with legal standards. At its core, the form includes a Child Support Worksheet, which parents fill out to calculate their respective obligations. This worksheet takes into account various factors, such as income, parenting time, healthcare costs, and additional child-related expenses. The guidelines highlight the importance of different income types, including wages and self-employment earnings, while providing clarity on how adjustments can be made for circumstances that deviate from the norm. Parents needing to submit applications or demonstrate specific conditions, such as shared residency or extraordinary expenses, can refer to detailed instructions within the form. Ultimately, this structure supports courts in making informed decisions that prioritize the best interests of the child, making the Kansas Child Support form an essential resource for parents navigating this aspect of family law.
Kansas Child Support Example
KANSAS
CHILD SUPPORT GUIDELINES
Pursuant to Kansas Supreme Court Administrative Order No. 260 261 Amended March 26, 2012
Effective April 1, 2012
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TABLE OF CONTENTS |
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I. |
USE OF THE GUIDELINES |
1 |
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II. |
DEFINITIONS AND EXPLANATION |
2 |
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II.A. |
Child Support |
2 |
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II.B. |
Child Support Worksheet |
2 |
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II.C. |
Child Support Schedules |
2 |
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II.D. |
Domestic Gross Income - Wage Earner |
3 |
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II.E. |
Income Computation - |
4 |
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II.E.1. |
4 |
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II.E.2. Reasonable Business Expenses |
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II.E.3. Domestic Gross Income - |
4 |
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II.F. |
Imputed Income |
4 |
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II.G. |
Child Support Income |
5 |
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II.H. |
Child Support Adjustments |
5 |
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III. |
GENERAL INSTRUCTIONS |
5 |
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III.A. |
Documentation |
5 |
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III.B. |
Applications |
6 |
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III.B.1. Rounding |
6 |
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III.B.2. Age |
6 |
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III.B.3. Income Beyond the Child Support Schedule |
6 |
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III.B.4. More than Six Children |
6 |
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III.B.5. Divided Residency Situations |
7 |
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III.B.6. |
7 |
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III.B.7. Sharing Equal or Nearly Equal Time and Expenses |
8 |
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III.B.8. Residence with a Third Party |
12 |
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III.B.9. Interstate Pay Differential |
12 |
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III.B.10. Birth Expenses |
13 |
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IV. |
SPECIFIC INSTRUCTIONS FOR THE WORKSHEET |
13 |
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IV.A. |
Income Computation - Wage Earner (Section A) |
13 |
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IV.B. |
Income Computation - |
13 |
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IV.C. |
Adjustments to Domestic Gross Income (Section C) |
13 |
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IV.C 1. |
Domestic Gross Income (Line C.1) |
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IV.C 2. |
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IV.C 3. |
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IV.C 4. |
14 |
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IV.C 5. |
Child Support Income (Line C.5) |
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IV.D. |
Computation of Child Support (Section D) |
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IV.D.1. Child Support Income (Line D.1) |
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IV.D.2. Proportionate Shares of Combined Income (Line D.2) |
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I |
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IV.D.3. Gross Child Support Obligation (Line D.3) |
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IV.D.4. Health, Dental, Orthodontic, and Optometric Expenses (Line D.4) |
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...................................................................................................... |
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IV.D.5. |
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IV.D.6. Parents’ Total Child Support Obligation (Line D.6) |
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IV.D.7. Parental Child Support Obligation (Line D.7) |
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IV.D.8. Adjustment for Health, Dental, Orthodontic, and Optometric |
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Premiums and |
17 |
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IV.D.9. Basic Parental Child Support Obligation (Line D.9) |
18 |
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IV.E. Child Support Adjustments (Section E) |
18 |
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IV.E.1. |
18 |
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IV.E.2. Parenting Time Adjustment (Line E.2) |
18 |
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IV.E.3. Income Tax Considerations (Line E.3) |
20 |
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IV.E.4. Special Needs or Extraordinary Expenses (Line E.4) |
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IV.E.5. Support of Children Beyond the Age of Majority (Line E.5) |
21 |
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IV.E.6. Overall Financial Conditions of the Parties (Line E.6) |
21 |
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IV.E.7. Total (Line E.7) |
22 |
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IV.F. Deviation(s) From Rebuttable Presumption Amount (Section F) |
22 |
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IV.F.1. Basic Parental Child Support Obligation (Line F.1) |
22 |
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IV.F.2. Total Child Support Adjustments (Line F.2) |
22 |
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IV.F.3. Adjusted Subtotal (Line F.3) |
22 |
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IV.F.4. Equal Parenting Time Obligation |
22 |
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IV.F.4. IVF.5. Enforcement Fee Allowance (Line F.4 F.5) |
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IV.F.5. IV.F.6 Net Parental Child Support Obligation (Line F.5 F.6) |
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IV.G. Payment of Child Support |
23 |
V. |
CHANGE OF CIRCUMSTANCES |
24 |
VI. |
REVIEW OF GUIDELINES |
25 |
ENDNOTES |
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APPENDIX I |
31 |
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Child Support Worksheet |
31 |
APPENDIX II |
33 |
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Child Support Schedules |
33 |
APPENDIX III |
45 |
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Domestic Relations Affidavit |
45 |
APPENDIX IV |
54 |
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Interstate Pay Differential |
54 |
APPENDIX V |
60 |
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Income Tax Considerations |
60 |
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Section A - Dependent’s Exemption And Child Tax Credit |
60 |
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Section B – Head of Household Adjustment |
61 |
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II |
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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 |
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EXAMPLE 1. Section IV. Specific Instructions for the Worksheet |
72 |
EXAMPLE 2. Section III. General Instructions |
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APPENDIX IX |
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Military Pay and Allowances |
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APPENDIX X |
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Example Plans for Sharing Direct Expenses Under III.B.7 |
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APPENDIX XI |
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Shared Expense Formula Example |
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Equal Parenting Time (EPT) Worksheet (Sample) |
87 |
Equal Parenting Time (EPT) Worksheet |
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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.
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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
II.B. Child Support Worksheet
The worksheet should contain the actual calculation of the child support based on Child Support Income,
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
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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
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
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
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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 -
II.E.1.
II.E.2. Reasonable Business Expenses
In cases of
II.E.3. Domestic Gross Income -
Domestic Gross Income for
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
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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
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.
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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.
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Form Characteristics
| Fact Name | Description |
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| Governing Law | The Kansas Child Support guidelines are governed by the Kansas Supreme Court Administrative Order No. 260 and 261, amended on March 26, 2012, and effective from April 1, 2012. |
| Purpose | These guidelines are used to establish and review child support orders in Kansas. They apply to cases that may be settled by mutual agreement between the parties involved. |
| Worksheet Usage | A Child Support Worksheet must be completed to calculate the Net Parental Child Support Obligation. This worksheet plays a crucial role in determining the financial responsibilities of each parent. |
| Adjustment Process | If a parent believes the calculated amount of child support is unreasonable, they can request an adjustment. The party requesting the change bears the burden to demonstrate that the adjustment is warranted. |
Guidelines on Utilizing Kansas Child Support
Completing the Kansas Child Support form is essential for establishing or modifying child support orders. Following the steps below will help ensure accuracy and compliance with legal requirements.
- Obtain the Child Support Worksheet from the Kansas Supreme Court website or your local family law office.
- Begin with Section A for income computation as a wage earner. Fill in all appropriate fields accurately, including your total gross income.
- If self-employed, proceed to Section B. Input your self-employment income, detailing gross income and any reasonable business expenses.
- Complete Section C for adjustments to your domestic gross income, documenting any court-ordered child support or maintenance.
- In Section D, compute child support. Enter your adjusted income figures and calculate obligations based on the guidelines.
- For Section E, make any necessary adjustments, considering parenting time, special needs, or other relevant factors.
- Review Section F to determine if any deviations from the standard calculation are justified based on your situation.
- Ensure all information is accurate. Double-check calculations and ensure all required signatures are provided.
- Submit the completed worksheet to the appropriate court or child support agency.
After submission, the court will review the worksheet, consider all presented evidence, and make a determination on the child support obligation. Stay attentive to any further instructions or requests for documentation from the court to ensure a smooth process.
What You Should Know About This Form
What is the purpose of the Kansas Child Support Guidelines?
The Kansas Child Support Guidelines serve as the framework for establishing and reviewing child support orders in the state. They apply to all cases, including those settled by mutual agreement. The guidelines ensure that child support calculations are consistent and fair. Furthermore, judges and hearing officers are required to adhere to these guidelines, considering all relevant evidence when determining the appropriate amount of child support. This structured approach aims to protect the best interests of the child involved.
How is the Net Parental Child Support Obligation calculated?
The Net Parental Child Support Obligation is calculated using a Child Support Worksheet, detailed in Appendix I of the guidelines. Parents must provide accurate income information, which will be used to determine their respective obligations. The worksheet outlines specific lines where parents input their income, deductions, and other financial considerations. The final amount on Line D.9 serves as a rebuttable presumption of a reasonable support order. If adjustments are necessary, the party challenging this amount must prove that the standard calculation is unjust in their specific situation.
What happens if a parent believes the standard child support amount is unfair?
If a parent feels that the established child support amount is unjust, they have the right to request an adjustment. The burden of proof falls on the parent seeking the change. They must provide relevant evidence to demonstrate why the standard obligation does not reflect their situation. If the court finds merit in the claim, it may approve an adjustment, documenting its findings in Section E of the Child Support Worksheet. This ensures transparency in the decision-making process and reinforces the focus on the child's best interests.
Where can I find more information about the Kansas Child Support Guidelines?
Additional information regarding the Kansas Child Support Guidelines can be found directly in the guidelines document itself. You can consult the specific sections that outline definitions, income calculations, adjustments, and more. Various appendices provide examples and scenarios, aiding parents in filling out the Child Support Worksheet correctly. Access to the full guidelines is usually available through local court websites or family law resources within Kansas.
Common mistakes
Filling out the Kansas Child Support form can be a daunting task, but it’s crucial for ensuring that children receive the financial support they need. Unfortunately, many people make common mistakes that can delay the process or lead to miscalculations. Here are seven common pitfalls to avoid when completing this form.
One frequent mistake is inaccurately reporting income. Many parents underestimate or overestimate their earnings, which directly affects the child support calculation. It is important to provide a clear picture of all sources of income, including regular salaries, bonuses, and even side jobs. Remember, the guidelines specify how to compute income, whether you are a wage earner or self-employed.
Another common error lies in neglecting to provide necessary documentation. The guidelines emphasize the importance of supporting evidence for income and expenses. Failing to include documents such as tax returns, pay stubs, or any court orders related to previous child support can lead to delays or an inaccurate support amount.
Some individuals underestimate the impact of adjustments and deductions. Line C of the worksheet allows for various adjustments to be made, such as previous court-ordered support payments or extraordinary expenses related to the child's needs. Not taking these into account can inflate the calculated support obligation.
Additionally, miscalculating the parenting time adjustment can significantly alter the outcome. Understanding the precise amount of time each parent spends with the child is essential. Misinterpreting the time-sharing arrangement can lead to an unfair or incorrect support order.
Moreover, individuals often fill out the form without understanding the specific instructions for each section. Each line in the child support worksheet has instructions that must be closely followed to ensure compliance with the guidelines. Skipping or glossing over these instructions can make the document invalid or incomplete.
Omitting special circumstances is another mistake that can have consequences. If there are unique factors affecting the financial dynamics, such as medical needs or educational expenses, these should be clearly stated on the form. The court needs a complete understanding of the child’s needs to make an informed decision.
Finally, it’s crucial to avoid rushing through the process. Many individuals find themselves completing the form under pressure, leading to careless mistakes. Take the time to carefully review each section and ensure all information is accurate and complete. Making the effort upfront will save time and prevent complications later.
By steering clear of these common missteps, parents can facilitate smoother processing of their child support case. Ensuring that the Kansas Child Support form is filled out correctly helps support the well-being of children and provides a clearer understanding of financial obligations for both parties.
Documents used along the form
When navigating the child support process in Kansas, several documents may accompany the Kansas Child Support form. These forms help clarify financial responsibilities and ensure compliance with court orders. Understanding each document’s purpose can streamline the process and avoid potential issues.
- Child Support Worksheet: This is a crucial document used to calculate the child support obligation. It collects detailed income information and determines the financial responsibilities of each parent.
- Domestic Relations Affidavit: This affidavit provides a comprehensive overview of a parent’s financial situation, including income, expenses, and assets. It supports claims made in the child support worksheet.
- Interstate Pay Differential Form: If parents reside in different states, this form addresses any differences in costs of living and their potential impact on child support calculations.
- Equal Parenting Time (EPT) Worksheet: This worksheet is important for parents who share parenting responsibilities equally. It helps calculate how child support obligations may change based on shared parenting time.
- Financial Disclosure Forms: These forms offer a detailed account of a parent's financial status, including assets and liabilities. They are essential for transparency during the child support determination process.
- Child Support Schedules: These schedules provide guidelines for calculating child support amounts based on various income levels and family situations.
- Adjustments for Health Insurance Costs: This document helps outline any costs related to health, dental, and vision insurance for the child, which can affect child support amounts.
- Special Needs Documentation: If a child has special needs, this form details those requirements and associated costs. This documentation may impact the overall support obligation.
- Income Tax Considerations: This document outlines tax implications related to child support, including dependent exemptions and tax credits affecting the financial support calculation.
- Sample Completed Forms: Examples of filled-out child support worksheets serve as guidance. They help clarify what a correctly completed form looks like and assist parents in understanding the process.
In summary, being aware of these additional documents can significantly help in navigating the child support process in Kansas. Each form plays a unique role, addressing different facets of child support obligations and ensuring that courts have the necessary information to make informed decisions.
Similar forms
- Child Support Worksheet: Similar to the Kansas Child Support form, this document provides a framework for calculating the child support obligations of parents. It includes sections for inputting income details, adjustments, and other relevant financial information, ensuring that all factors affecting support amounts are considered.
- Domestic Relations Affidavit: This affidavit is used to disclose financial information in family law cases. Like the Kansas Child Support form, it requires detailed reporting of income, expenses, and assets, which aids the court in making informed decisions regarding financial responsibilities in child support cases.
- Child Support Guidelines from Other States: Many states have specific guidelines that outline how child support is calculated, much like Kansas. These documents include factors such as parental income and child needs, providing a standardized approach to determining fair support amounts across different jurisdictions.
- Income Tax Considerations: This document offers guidance on how child support payments affect tax obligations. Similar to the Kansas Child Support form, it outlines factors like deductions and credits related to child support, helping parents understand the financial implications of their support obligations.
Dos and Don'ts
Things to Do:
- Read the Kansas Child Support Guidelines carefully before starting.
- Gather all necessary documentation to support your income calculations.
- Make sure all information is accurate and complete.
- Use the Child Support Worksheet provided in the appendix.
- Round numbers as instructed in the guidelines to avoid confusion.
- Report any additional income that may affect child support calculations.
- Be clear about your and the other parent's financial obligations.
- Check for any changes in circumstances that might impact child support.
- Submit the form on time to avoid delays in processing.
Things Not to Do:
- Do not leave any sections of the form blank.
- Never provide misleading or false information.
- Avoid using outdated forms; always download the latest version.
- Do not ignore the guidelines regarding health and child care costs.
- Refrain from including irrelevant personal information.
- Don't forget to sign and date the form before submission.
- Do not assume the court will make adjustments without evidence presented.
- Do not rely solely on verbal agreements; ensure everything is documented.
- Never miss the deadline for filing child support documents.
Misconceptions
- Child support is automatically set based on income alone. Many people believe that child support is solely determined by a parent's income. While income is a crucial factor, the Kansas Child Support Guidelines take into account various other elements, such as parenting time, additional expenses like childcare, and even the needs of the child. This means that two parents with the same income may have different support obligations based on their unique circumstances.
- Using the Kansas Child Support Worksheet is optional. Some individuals think that filling out the Child Support Worksheet is just a formality. In reality, the worksheet is an essential component of establishing and reviewing child support orders in Kansas. Judges and hearing officers rely on it to ensure that the calculations align with the guidelines and fairly reflect the needs of both parents and children.
- Once established, child support amounts cannot change. It's a common misconception that child support arrangements are set in stone. However, life changes—such as job loss, a change in income, or shifts in the needs of the child—can warrant a modification in child support. In Kansas, either parent can request a review of the support order if they believe there has been a substantial change in circumstances.
- Child support is only for basic needs. Some people assume that child support only covers essential expenses like food and clothing. Nonetheless, child support in Kansas can include contributions to a wide array of costs, including healthcare, educational expenses, and extracurricular activities. This broader perspective ensures that children receive comprehensive support aimed at their overall well-being.
Key takeaways
Filling out and using the Kansas Child Support form requires attention to detail and an understanding of the guidelines. Here are five key takeaways that will help individuals navigate the process effectively:
- The Kansas Child Support Guidelines serve as the foundation for establishing and reviewing child support orders. Courts rely on these guidelines when making decisions.
- Completion of the Child Support Worksheet is required to calculate the Net Parental Child Support Obligation. This calculation forms the rebuttable presumption for a reasonable child support amount.
- Any adjustments to the child support amount must be justified. The party requesting a change carries the burden of proof to demonstrate that the existing amount is unjust or inappropriate.
- Courts are obligated to consider all relevant evidence when determining child support. This ensures a fair outcome based on the specific circumstances of each case.
- Section E of the worksheet is crucial for documenting any deviations from the standard child support presumption. It provides the written findings necessary to support the court's decision.
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