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Parents are obliged to financially support their children, and Kansas courts ensure that children are financially supported by issuing child support orders. Any divorce case that involves children will also involve child support, as will most paternity actions. Joseph, Hollander & Craft’s Wichita child support attorneys help parents with child support issues daily. We 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.

Kansas Child Support Guidelines

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, JHC’s Wichita child support lawyers 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.

Child Support Disputes

Child support disputes often arise from income disputes, changes in custody arrangements, age changes in children, or parents moving out of state. The Kansas Child Support Guidelines include rules to govern each and every situation. Although these guidelines are complicated and lengthy, JHC’s child support attorneys in Wichita are skilled in applying the rules to individual situations. We provide clients with all of their options regarding child support and help them to review child support worksheets showing how the formula was applied.

Serving clients in Sedgwick County, Butler County, Harvey County, Reno County, and the surrounding areas, JHC’s Wichita child support lawyers initiate child support proceedings and assist in child support modifications. Our Wichita child support attorneys will advocate for your best interest and help you achieve your goals.

Child Support Modification

Child support is ongoing, as parents are required to financially support their children until they are 18 or have graduated from high school. Due to the ongoing nature of child support, 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.

If you need help with a child support matter in Wichita or the surrounding areas, call JHC’s Wichita child support lawyers today.

Top Questions About Child Support in Wichita

How is child support determined?

Child support is based on the child’s need for financial support and the parents’ ability to pay based on income. The Kansas Child Support Guidelines provide a formula that takes into consideration the income of both parties, the amount of financial support the child needs, the costs of health insurance, the costs of childcare, tax considerations, and the parenting agreement of the parties. Either party may receive or pay child support, the issue turns on where the kids reside primarily and how expenses are shared. JHC’s child support attorneys can help you work through these options to find the best fit, within the Guidelines, for your situation.

Who claims the child as a dependent for taxes?

Usually, the custodial parent will claim the child as a dependent for state taxes. However, a court may order the parties (or parties may choose) to alternate who claims the child each year or have the non-custodial parent claim the child. This will need to be designated in the divorce decree, or in Kansas, parties can complete Form 8332.

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.

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.