Overland Park Child Support Lawyers

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Child support laws obligate both parents to provide for the needs and care of their minor children, regardless of the residential arrangements or legal custody. Child support is often a highly contested matter within a divorce proceeding. When it comes to any matter involving your child, you need to have the best advocate to represent you. The highly skilled Overland Park child support lawyers at Joseph, Hollander & Craft would be pleased to assist you with your case.

How Our Child Support Attorneys in Overland Park Can Help

Joseph, Hollander & Craft’s Overland Park child support attorneys offer comprehensive legal guidance when navigating Kansas child support matters. Whether you are establishing child support calculations for the first time or modifying an existing child support arrangement, our Overland Park child support attorneys will ensure you understand your child support options, how child support is calculated, and the impact child support will have on the needs and well-being of your child.

You can trust us to protect what matters most to you. For over 20 years, we have offered quality representation and thoughtful legal guidance to clients across Kansas. We embrace and utilize the latest technology and resources to help us, ensuring your case moves as smoothly a possible. With a network of professional resources at our disposal, we are – as always – ready for anything.

Understanding How Child Support Works in Kansas

The purpose of child support is to pay for and provide for the minor child’s needs. Child support is calculated in part by determining the direct and indirect expenses related to the day-to-day care and well-being of the child. Direct expenses are all fixed expenses that are paid directly to a third party such as school, school associated activities, church, clothing, recreational activities, sports activities, and all necessary supplies and equipment purchased for such activities. Indirect expenses are expenses that benefit the child but are not paid directly for the child’s personal needs. Indirect expenses include food, shelter, transportation, and utilities.

In calculating child support, the court will follow the Kansas Child Support Guidelines adopted by the Supreme Court. The child support amount is calculated by determining the indirect and direct expenses, calculating the domestic gross income of both parents, and then computing the adjusted gross income after deductions are made. The court will then create a Child Support Worksheet, which will be used to calculate the net child support payments.

Modifying Child Support Orders

Because child support is continuing in nature, child support modification requests are common. Kansas child support orders can be modified when there is a material change in circumstances, such as:

• A change in the age group of the child
• A change in parental income
• A changed residential custody arrangement
• The relocation of a parent
• A change in expenses, such as childcare or medical insurance

Other changes may warrant child support modification, too. Note that the change cannot be a fluke; it must be systematic and continuous.

Our Overland Park child support modification attorneys can help you to determine whether modification is in order or defend you when unfavorable child support modifications are requested.

How Support Orders Can Deviate for High-Income Parents

The child support guidelines include schedules that set presumptive amounts of support based on the number of children and the amount of the parents’ combined gross monthly income. However, there are cases in which this combined income will exceed the amounts listed in the schedule.

The guidelines expressly allow the court to deviate from its presumptive amounts in situations in which the parents’ combined gross monthly income is higher than the highest amount listed in the schedules (currently, $18,000 per month). When the parents’ combined income exceeds $18,000 per month, the court will first calculate support using the highest dollar amount on the schedule. Then, the court will consider what amount it should set for income that is earned above this. The schedules include extended formulas that facilitate this calculation.

FAQs About Child Support in Overland Park, KS

Do I need a lawyer for child support to be entered or modified?

There is no law requiring that a parent hire a family law attorney to establish or modify child support, but having an attorney advocate on your behalf can be extremely helpful and ensure you obtain a fair child support order. An attorney can help with the tedious process of calculating child support, filing necessary motions, substantiating the need for a change in the amount of child support being paid, and providing the legal counsel needed to ensure your parental rights are protected. The role of an attorney in child support matters often extends to other related matters that become intertwined, such as child custody and spousal maintenance. Therefore, having legal representation is often critical in child support disputes and other related matters.

What is an income withholding order?

An income withholding order is a continuing order requiring the obligated parent’s employer to withhold a certain dollar amount from all pay periods in order to pay for child support. Under an income withholding order, income is considered any form of payment to an individual, regardless of source, such as wages, salary, commission, bonuses, retirement benefits, and workers’ compensation. Income withholding orders differ from wage garnishments, which are generally only for a limited period and withhold a certain percentage amount as opposed to a set dollar amount.

Can I withhold support if my co-parent withholds access to my children?

No. Courts view child support and child custody and visitation as separate matters, so a parent cannot use failure or even refusal to pay child support as a basis to deny the other parent time with the child.

Can I seek more support if my co-parent hid or withheld income?

Yes. Courts have continuing jurisdiction to modify child support orders. If you discover that your ex has substantially more income than was used to calculate the original child support order, it may qualify as a material change in circumstances sufficient to warrant a request to modify the child support.

Can I request not to be paid child support?

Child support can be waived in some circumstances. The judge must approve this waiver and will consider the following factors:

• Why the waiver is being requested
• The parents’ relationship with each other
• The stability of the child’s home life

Even if you and the other parent agree to waive support, the court could overrule your decision and order support to be paid. The child’s best interests are always paramount. Speak with one of our attorneys in Overland Park before taking steps to waive support, and be sure you pay any amount currently ordered.

Can I stop my co-parent from using child support on household goods?

No. As a general rule, you do not have the right to dictate how the parent receiving child support spends the money. However, if the parent receiving support payments is clearly not spending the money on the child, and is thereby causing the child to suffer, this may allow you to file a motion with the court for a modification of child custody and child support. In a scenario such as this, it is reasonable to ask the court to reevaluate whether the parenting plan is serving the best interests of the child.

If I terminate my parental rights, do I still need to pay child support?

If one’s parental rights are terminated, they lose the right to custody or visitation with the child. They also no longer have a continuing child support obligation (although the parent would still owe any child support arrears that had accrued prior to the termination of parental rights). Courts may permit a parent to relinquish their rights but typically only to facilitate an adoption or necessary intervention by the state in the interest of the child. Courts do not permit voluntary terminations of parental rights rights solely to avoid paying child support.

Can getting remarried affect my child support?

Remarriage by itself does not affect child support. However, any new children born to a remarried spouse – whether it is the one paying or receiving support – could affect the amount. In other words, if either you or the other parent of your child remarry and have additional dependent children, this will likely support a request to modify child support.

Do You Have a Child Support Attorney Near Me?

Our Overland Park office is located at 10104 W 105th St, on the corner of Mastin St. The US Veterans Administration building is across the street, and there is on-site parking available. Joseph, Hollander & Craft maintains additional offices in Lawrence, Topeka, and Wichita, as well as an office in Kansas City, MO, for your convenience.