As any Kansas child support attorney can tell you, one of the most important aspects of any family law case involving children, aside from visitation, is that of supporting the children. Support is the court-ordered financial maintenance of a child. Child support laws in Kansas legally obligate a parent to support their child whether or not they have custody of them and apply to both children born in or out of wedlock. Parents are obligated to support their child until they turn eighteen years of age (considered an adult), though some exceptions may apply. While settlement agreements can be acceptable to the Kansas courts that involve lump sum payments, child support is an ordered maintenance of support that can be revisited when changes in income or circumstance occur. Most parents want to see that their children are well-take care of in the divorce and will work closely with their partner to ensure that your children’s financial needs are met fully. However, there can be certain situations where one party disagrees with the amount of money that it takes to raise the children and provide for their needs, and in these cases the Kansas courts will use legal statutes in deciding the maintenance amount required for that child or children in the home. JHC’s child support lawyers can go over your finances with you and help you figure out what the support payments would be like using Kansas calculations.
Child Support in Kansas
After the Federal government passed the Family Support Act of 1988, states in the US were required to establish and apply uniform child support guidelines for the determination of child support payments throughout their jurisdiction. These “guidelines” help Kansas courts calculate the monthly support payments, among other issues. Throughout the states, three methods of calculation are generally utilized.
1. The income shares model: combines the income of both parents and allots a fixed percentage of that income, divided equally between both parents, to the financial maintenance of the children.
2. The percentage of income model: only considers the non-custodial parents income and allots a fixed percentage of that income towards the financial maintenance of the children.
3. And the Melson forumla model: a more complex form of the income shares model that incorporates rises in either parent’s standard of living.
In many states, some of these factors are taken into consideration by the court system when determining KS support payments:
a. How much other income each parent receives.
b. How many children these parents have together.
c. How much time each parent spends with their children (time-share).
d. The actual tax filing status of each parent.
e. Support of children from other relationships.
f. Health insurance expenses.
g. Mandatory union dues.
h. Mandatory retirement contributions.
i. The cost of sharing daycare and uninsured health-care costs; and other deciding factors.
Looking for a Child Support Lawyer in Kansas?
Oftentimes, Kansas family court attorneys will be asked by the client to negotiate for a higher payment amount so that children may be able to enroll in activities that will enhance or better their life, such as piano lessons or a particular sports activity even private schooling. While these are not specifically outlined in federal statutes the Kansas courts many times do take these questions into consideration wherever possible as in every case it is the best interest of the child, not the parent, which is considered of top importance by the court. Our child support attorneys in NYC believe that with all cases involving children a softer touch is required, and when it comes to KS child support we try to take the acrimony out of the case by placing the child at the center of the debate and not make this about who didn’t pay what, where, or when. Lawyers in Kansas know that it’s not necessarily the paying clients who count, but the children.
Kansas Child Support
For all the wealth in Kansas and the surrounding areas, there are still those who play games with custody and/or support by trying to hide assets or move. All too often the children in family divorce cases are used as tools to punish the other parent in custody proceedings. This is where a knowledgeable child support lawyer will step in and take full control of the messy situation. Yes, we work for our clients, but when it comes to your children any attorney with ethics will put aside thoughts of paychecks and work towards the best interests of the child now and in the foreseeable future. The child support lawyers at Joseph Hollander & Craft Law Firm in Wichita, Topeka, Lawrence, Overland Park & Kansas City will always work with our clients to make sure, first, that the child and their future is fully secured.
But…we can only do so much. After the divorce is settled in the Kansas court system the payment and visitation schedules begin. If the divorce was a difficult one, life post-divorce is usually difficult, as well. Many of our family law clients find themselves a year or two later looking at late KS support checks or visitation violations. This is where full family law enforcement comes in. Our Family law lawyers are your family’s best friend when it comes to securing payments that can be so crucial in your child’s development.
Contact one of our child support lawyers in Wichita, Topeka, Lawrence or Kansas City if you are having trouble collecting payments today, and we can help you get what is owed to you and/or your children.
Although state laws govern the majority of these issues, over the years Federal legislators have passed Federal laws which attempt to bring uniformity and enforce-ability into the legal system. Some Federal laws, for instance, have made is easier to collect child support payments by authorizing the withholding of wages from, or the interception of tax returns for, parents who are delinquent on their support payments. It is even a Federal offense to willfully fail to pay at least $5,000 in child support and can land you in jail. Parents who have present or pending child support issues should contact a lawyer KS who specializes in child custody disputes and aggressive enforcement.
Naturally, no one wishes to go this route, but if it has to happen we are willing to bring the spouse back into court in a second for enforcement procedures, such as wage garnishment, or change of orders.
Our lawyers in Kansas and Missouri have been highly successful at getting our clients and children the support they deserve/need to have a fruitful life or even just a chance at happiness. All too often we have clients who are not wealthy, who are scraping together their savings (if any) so they can secure a decent and honest child support payment because their spouse managed to hide assets to avoid payment or even to punish them for the perceived slight of leaving in the divorce. When this occurs we will investigate the situation, uncover the missing pieces to the puzzle and work our hardest to bring this to the court in such a way that our client sees a future of security for their family.
If you find yourself in need of a talented well informed child support attorney contact us today!