Wichita Child Support Lawyers

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Parents are legally obliged to financially support their children, and Kansas courts ensure that children are financially supported by issuing child support orders. Joseph, Hollander & Craft’s Wichita child support lawyers are familiar with the requirements of the Kansas Child Support Guidelines and experienced in applying them in initial actions as well as child support modification proceedings.

How Is Child Support Determined in Kansas?

Child support is based on the child’s need for financial support and the parents’ ability to pay based on income. Either party may receive or pay child support, the issue turns on where the kids reside primarily and how expenses are shared.

The Kansas Child Support Guidelines provide the basis for calculating the amount of financial maintenance a court will order for a child. The amount of child support one parent must pay to the other is based on the incomes of both parents, the cost of daycare, the cost of health insurance, and how tax exemptions are divided. The custody arrangement for the minor children will also affect the amount of child support owed from one parent to the other.

As we assist our clients with the child support process, Joseph, Hollander & Craft’s Wichita child support attorneys aim to help our clients understand how child support is calculated and ensure the calculations are based on actual incomes and expenses. For example, we can calculate incomes of parents who are self-employed and challenge evidence of past income or expenses that do not reflect current circumstances.

Common Causes of Child Support Disputes in Wichita

Even the most amicable co-parents can feel frustrated when it comes to child support. We know you want what is best for your child; we also know that the courts may not agree. It is in your best interests to work through any disputes quickly and effectively. Our child support lawyers in Wichita routinely handle disputes arising from:

• Income and asset disparities
• Changes in circumstances that could warrant modification
• Age changes of the children
• Enforcement

At Joseph, Hollander & Craft, our Wichita child support attorneys provide clients with all of their options regarding child support and help them to review child support worksheets showing how the formula was applied. We can initiate court proceedings and assist in modifications. We advocate for your best interest and help you achieve your goals.

Child Support Modification in Wichita

Child support is ongoing, as parents are required to financially support their children until they are 18 or have graduated from high school. As such, modifications of the child support order are common. A Kansas child support order can only be modified when there is a material change in circumstances. If any of the following factors apply to your situation, our child support attorneys may be able to assist you in modifying your child support order:

• Your children have changed age groups
• Either parent’s income has changed
• A parent has relocated
• The custody arrangement has changed
• Your child has turned 18
• Childcare or health insurance costs have changed

Many other changes to your family’s circumstances may justify child support modification. Our Wichita child support modification attorneys regularly review child support orders to determine whether modification is in order and represent clients seeking to modify the child support order. We also defend against unfavorable child support modifications.

Frequently Asked Questions About Child Support in Wichita

How is child support determined when income exceeds the schedule?

The Kansas child support guidelines are presumptive, which means that courts may in some cases deviate from strictly applying them. A deviation from the guidelines may apply when at least one parent is a high-income earner.

When the parents’ combined income is more than $18,000 per month, the guidelines instruct the court to calculate child support using the highest dollar amount in the schedule, then consider what amount it should set for income earned above that amount. The child support schedules include extended formulas to assist with this.

What is child support supposed to cover?

The purpose of child support is to help the custodial parent cover the reasonable expenses of the child, which may include the child’s:

• Food
• Housing and utilities
• Clothing
• School supplies
• Medical care
• Day care
• Transportation costs
• Extracurricular activities
• Extraordinary expenses

Some of these, such as housing and utilities, may benefit both the parent and the child. Others such as clothing are for the child only. Regardless, the parent who receives the money generally does not have to itemize how each dollar is spent or provide an accounting to the court or to the other parent.

But, if the parent receiving support payments is not using the money for the child’s benefit and is causing the child to suffer as a result, the paying parent may file a motion to modify child custody and child support and reexamine whether the parenting plan is serving the best interests of the child.

Can moving to another city or state affect child support?

Moving to a different city or state may require a modification of the child support order if the move results in changed expenses (either living expenses or travel expenses associated with visitation); changed income (as when the move is due to a parent’s change of employment); or when the move requires a modification of parenting time.

When one parent moves and that move results in substantial changes, then either parent can ask that the court modify the child support order support, citing the move as a substantial change in circumstances that affects the best interests of the child.

Does child support change if I get remarried?

Although remarriage itself isn’t enough to ask for a modification of child support, the consequences that it brings could justify such a request. For instance, a parent who pays child support may remarry and have additional children with the new spouse. This means more dependents, which could warrant a reduction in the previously ordered child support payments. Remarriage can bring other changes as well, such as an increase or decrease in income or expenses for either the paying or the recipient parent. If you believe there has been a substantial change in circumstances, talk to our legal team about the possibility of modifying a child support order.

Who claims the child as a dependent for taxes?

For federal income taxes, the law requires that a child live with a parent at least 50% of the time to be claimed by them as a dependent. Therefore, the custodial parent is the only one who may claim the child on their federal taxes. If parents share parenting time equally, the parent with 183 or more overnights is considered the custodial parent for the sake of federal income taxes. However a custodial parent may agree to or be ordered to complete a Form 8332 to allow the noncustodial parent to claim the child as a dependent for tax purposes.

If I share custody of my child, do I have to pay child support?

If the child lives with one parent only, the non-residential parent will usually be ordered to pay child support. But a parent who shares residential custody can be ordered to pay child support too—even if you spend nearly equal time with the child. In this scenario, the parent who makes more money will pay child support to the parent who makes less money.

Can I refuse visitation time if my ex-spouse has not paid child support?

No. The two issues are not related under the law. Even when a parent does not fulfill his or her child support obligations, he or she is still entitled to visitation or parenting time with the child.

Do You Have a Child Support Lawyer Near Me?

Joseph, Hollander & Craft’s Wichita office is located at 500 N. Market Street, with onsite parking available. The firm maintains additional offices in Overland Park, Topeka, Lawrence, and Kansas City, MO. Proudly serving clients in Sedgwick County, Butler County, Harvey County, Reno County, and the surrounding areas.