Kansas City Child Support Lawyers

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Child support is the court-ordered financial maintenance of a child, and it is one of the most important aspects of a family law case involving children. Children in both Kansas and Missouri have a legal right to child support. Joseph, Hollander & Craft’s Kansas City child support lawyers advise parents on all aspects of financial maintenance for children. Let us help you navigate child support worksheets, orders, and modifications to obtain a fair result for you and your family.

Why Choose Our Kansas City Child Support Attorneys

Child support takes into consideration a number of factors. Some of those may be child care, health care and/or special needs of a child. Each case is unique. Joseph, Hollander & Craft’s Kansas City child support attorneys know Kansas and Missouri child support law inside and out, and we ensure our clients do, too. We will guide you as to what aspects of child support factors apply to your situation and help you understand how child support will be calculated in your case.

How to Calculate Child Support Payments in Kansas City

Courts use child support worksheets that designate formulas to calculate child support payments. This creates a baseline, but there is room for disagreement and litigation over many of the items that must be considered in the child support calculation.

Considerations include each parent’s income, the parenting time allotted to each parent, and expenses related to the child’s care. The calculation must also account for insurance coverage, and it may be affected by cost of living differences or multiple family issues (such as when parents have one or more children in common, but also one or more children from other relationships).

Defining “income” when it comes to child support in Kansas City

In Kansas and Missouri, courts start child support calculations based on each parent’s gross income. The court is not limited to considering income from wages or salary. It can consider income from all sources, including:

• bonuses and commissions
• profit sharing
• severance packages
• dividends, royalties, rents
• annuities, pensions

However, courts have discretion in determining income that can be attributed to a party. This may be less or more than the party’s actual income.

Income may be a point of contention, as past income records may not represent current or expected future earnings. Collecting detailed records of income-producing assets as well as any projections considered when investing can be helpful when discussing these issues with your attorney.

The experienced family law attorneys at Joseph, Hollander & Craft help clients ensure child support amounts are calculated accurately and reasonably as necessary to support their children. Our Kansas City child support attorneys can work with you to analyze the applicable financial landscape and determine what the child support payments should be under the law. Then, we will advocate on your behalf in negotiations and before the court.

When courts deviate from the guidelines

Missouri and Kansas law presumes that the amount of child support that results from calculations under the guidelines is correct. A court may deviate from the guidelines to address specific factual issues, including:

• the family’s overall financial resources
• the standard of living the child would have had if the parents had not divorced
• the child’s education needs

Parents can also ask the court to address items not specifically contemplated by the child support calculation worksheets. For example, the worksheets don’t include a line item for private school tuition. Still, a parent can ask the court to include tuition in a child support order. Requests like this will be considered on a case by case basis and turn on practical considerations, such as how long the child has attended the school and whether the parents have the financial resources to pay tuition.

Modifying Child Support Orders in Kansas City

Courts can modify child support orders upon a showing of a change of circumstances. Modification of a child support order may be necessary or appropriate under the following circumstances:

• A child has gotten older
• The parenting plan has been modified
• Changes in either parent’s finances
• Responsibility for additional children or dependents following entry of the child support order
• Relocation by a parent or child that will affect parenting time
• Military orders that affect parenting time
• Emancipation of a minor child covered by the child support order
• Significant health issues that impact a parent’s ability to care for or financially support a child
• Incarceration of a parent

Of course, the list of possible reasons can run far beyond these circumstances. Our Kansas City child support lawyers can help you evaluate whether your situation justifies a modification to your parenting plan or child support order. If so, we will help you file a motion to modify the existing orders to work better for your family’s needs. We will also assist you in calculating how much support could be modified, advise you regarding potential problems that may arise during modification proceedings, argue your case to the judge, and handle other matters that may arise during the modification process.

FAQs About Child Support in Kansas City

Do I need a Kansas City lawyer for child support?

While there is no legal requirement to have a lawyer in child support cases, it is usually in your best interest to hire one. In complicated divorces or when parents disagree on how much child support should be, having an attorney may be imperative. Even if you think you agree with your co-parent about child support, that agreement may be based on a misunderstanding of the law, confusion about the child support worksheet, or any number of other things an experienced attorney will be able to advise you on. Our Kansas City child support attorneys can help you calculate child support, file motions, and argue your case before the court. Our knowledgeable child support lawyers ensure your children are provided for and no one takes advantage of you.

Can filing a motion to increase child support backfire?

It is possible that filing a motion to increase child support may backfire. Depending on the circumstances, a court may determine that child support should stay the same, or it may determine that child support payments should actually be decreased if it finds that a substantial or material change has occurred that would make a reduction in child support more reasonable. We will figure out whether a motion to increase child support would help or harm you before filing. We will advise you regarding the risks and potential benefits of seeking modification and explore what other options you may have.

Generally, parents are obligated to support their children until they turn 18 years old, though some exceptions may apply. In Missouri, child support may continue until the child turns 21 if the child continues attending school full-time to that age. Parents may also agree to provide financial security for their children for longer periods of time. Our Kansas City child support attorneys can talk you through your options.

Can I withhold child support if my ex refuses to let me see my child?

No. Child support payments that have been ordered by a court need to be paid regardless of time spent with your child. By the same token, your ex cannot refuse visitation because you have fallen behind on support payments. They are separate issues that need to be handled separately.

Can child support be used on vacations, pets, or other non-necessities?

The parent paying support cannot dictate how child support payments are applied, and the court will not monitor how funds are spent by the parent receiving support. So, in theory, child support could be used toward non-necessities, but the child’s needs should be taken care of first and foremost.

If my parental rights are terminated, will I have to keep paying child support?

Once parental rights have been terminated, you no longer have a financial obligation to pay for your a child’s necessities. No additional support payments will accrue after your rights are terminated. However, termination of parental rights will not wipe out your obligation to pay child support that accrued but was not paid beforehand.

If both parents agree, can we stop paying and receiving child support?

Child support payments ordered by a court can only be stopped with court authorization. If significant changes occur after child support payments are ordered and the parties believe modification is appropriate, either party can file a motion requesting adjustment.

Do You Have a Child Support Attorney Near Me?

Joseph, Hollander & Craft’s Kansas City office is located right off the corner of Cherry and 10th Street, near the Jackson County Courthouse. We maintain additional offices in Overland Park, Lawrence, Topeka, and Wichita for your convenience.