The Kansas Child Support form serves as a critical tool for determining child support obligations in the state of Kansas. This form, which includes guidelines and worksheets, ensures that child support orders are fair and in the best interest of the child. To get started on filling out the form, click the button below.
When navigating the complexities of child support in Kansas, the Kansas Child Support form serves as an essential tool for parents and guardians alike. This comprehensive document is structured to facilitate the calculation of child support obligations, ensuring that the financial needs of children are met in a fair and consistent manner. The form incorporates various guidelines set forth by the Kansas Supreme Court, which outline how to assess income, including wages and self-employment earnings, and how to account for necessary adjustments such as health care costs and child care expenses. It also provides specific instructions for completing a Child Support Worksheet, which is pivotal in determining the Net Parental Child Support Obligation. This obligation, as calculated on the worksheet, represents a rebuttable presumption of what constitutes a reasonable child support order. Furthermore, the guidelines allow for adjustments based on individual circumstances, such as long-distance parenting or extraordinary expenses. By understanding and utilizing this form, parents can better navigate their responsibilities and ensure that their children's best interests remain at the forefront of any financial discussions.
KANSAS
CHILD SUPPORT GUIDELINES
Pursuant to Kansas Supreme Court Administrative Order No. 260 261 Amended March 26, 2012
Effective April 1, 2012
TABLE OF CONTENTS
I.
USE OF THE GUIDELINES
1
II.
DEFINITIONS AND EXPLANATION
2
II.A.
Child Support
II.B.
Child Support Worksheet
II.C.
Child Support Schedules
II.D.
Domestic Gross Income - Wage Earner
3
II.E.
Income Computation - Self-Employed
4
II.E.1. Self-Employment Gross Income
II.E.2. Reasonable Business Expenses
II.E.3. Domestic Gross Income - Self-Employed
II.F.
Imputed Income
II.G.
Child Support Income
5
II.H.
Child Support Adjustments
III.
GENERAL INSTRUCTIONS
III.A.
Documentation
III.B.
Applications
6
III.B.1. Rounding
III.B.2. Age
III.B.3. Income Beyond the Child Support Schedule
III.B.4. More than Six Children
III.B.5. Divided Residency Situations
7
III.B.6. Multiple-Family Application
III.B.7. Sharing Equal or Nearly Equal Time and Expenses
8
III.B.8. Residence with a Third Party
12
III.B.9. Interstate Pay Differential
III.B.10. Birth Expenses
13
IV.
SPECIFIC INSTRUCTIONS FOR THE WORKSHEET
IV.A.
Income Computation - Wage Earner (Section A)
IV.B.
Income Computation - Self-Employed (Section B)
IV.C.
Adjustments to Domestic Gross Income (Section C)
IV.C 1.
Domestic Gross Income (Line C.1)
14
IV.C 2.
Court-Ordered Child Support Paid (Line C.2)
IV.C 3.
Court-Ordered Maintenance Paid (Line C.3)
IV.C 4.
Court-Ordered Maintenance Received (Line C.4)
IV.C 5.
Child Support Income (Line C.5)
IV.D.
Computation of Child Support (Section D)
IV.D.1. Child Support Income (Line D.1)
IV.D.2. Proportionate Shares of Combined Income (Line D.2)
15
I
IV.D.3. Gross Child Support Obligation (Line D.3)
IV.D.4. Health, Dental, Orthodontic, and Optometric Expenses (Line D.4)
......................................................................................................
IV.D.5. Work-Related Child Care Costs (Line D.5)
16
IV.D.6. Parents’ Total Child Support Obligation (Line D.6)
17
IV.D.7. Parental Child Support Obligation (Line D.7)
IV.D.8. Adjustment for Health, Dental, Orthodontic, and Optometric
Premiums and Work-Related Child Care Costs (Line D.8)
IV.D.9. Basic Parental Child Support Obligation (Line D.9)
18
IV.E. Child Support Adjustments (Section E)
IV.E.1. Long-Distance Parenting Time Costs (Line E.1)
IV.E.2. Parenting Time Adjustment (Line E.2)
IV.E.3. Income Tax Considerations (Line E.3)
20
IV.E.4. Special Needs or Extraordinary Expenses (Line E.4)
IV.E.5. Support of Children Beyond the Age of Majority (Line E.5)
21
IV.E.6. Overall Financial Conditions of the Parties (Line E.6)
IV.E.7. Total (Line E.7)
22
IV.F. Deviation(s) From Rebuttable Presumption Amount (Section F)
IV.F.1. Basic Parental Child Support Obligation (Line F.1)
IV.F.2. Total Child Support Adjustments (Line F.2)
IV.F.3. Adjusted Subtotal (Line F.3)
IV.F.4. Equal Parenting Time Obligation
IV.F.4. IVF.5. Enforcement Fee Allowance (Line F.4 F.5)
IV.F.5. IV.F.6 Net Parental Child Support Obligation (Line F.5 F.6)
23
IV.G. Payment of Child Support
V.
CHANGE OF CIRCUMSTANCES
24
VI.
REVIEW OF GUIDELINES
25
ENDNOTES
26
APPENDIX I
31
APPENDIX II
33
APPENDIX III
45
Domestic Relations Affidavit
APPENDIX IV
54
Interstate Pay Differential
APPENDIX V
60
Income Tax Considerations
Section A - Dependent’s Exemption And Child Tax Credit
Section B – Head of Household Adjustment
61
II
Section C – Additional Information
62
Federal Income Tax Factors
63
Kansas Income Tax Factors
64
APPENDIX VI
66
Cafeteria Plans and Salary Reduction Agreements
APPENDIX VII
67
Completed Sample Child Support Worksheet
69
Equal Parenting Time (EPT) Worksheet
71
APPENDIX VIII
72
Examples and Scenarios for Preparing the Child Support Worksheet
EXAMPLE 1. Section IV. Specific Instructions for the Worksheet
EXAMPLE 2. Section III. General Instructions
77
APPENDIX IX
79
Military Pay and Allowances
APPENDIX X
82
Example Plans for Sharing Direct Expenses Under III.B.7
APPENDIX XI
85
Shared Expense Formula Example
Equal Parenting Time (EPT) Worksheet (Sample)
87
88
TOPIC INDEX
89
III
KANSAS CHILD SUPPORT GUIDELINES
Pursuant to Kansas Supreme Court Administrative Order 260 261
I.USE OF THE GUIDELINES
The Kansas Child Support Guidelines are the basis for establishing and reviewing child support orders in Kansas, including cases settled by agreement of the parties. Judges and hearing officers must follow the guidelines and the court shall consider all relevant evidence presented in setting an amount of child support.
The Net Parental Child Support Obligation is calculated by completing a Child Support Worksheet (Appendix I).
The calculation of the respective parental child support obligations on Line D.9 of the worksheet is a rebuttable presumption of a reasonable child support order. If a party alleges that the Line D.9 support amount is unjust or inappropriate in a particular case, the party seeking the adjustment has the burden of proof to show that an adjustment should apply. If the court finds from relevant evidence that it is in the best interest of the child to make an adjustment, the court shall complete Section E of the Child Support Worksheet. The completion of Section E of the worksheet shall constitute the written findings for deviating from the rebuttable presumption.
II.DEFINITIONS AND EXPLANATION II.A. Child Support
The purpose of child support is to provide for the needs of the child. The needs of the child are not limited to direct expenses for food, clothing, school, and entertainment. Child support is also to be used to provide for housing, utilities, transportation, and other indirect expenses related to the day-to-day care and well-being of the child.
II.B. Child Support Worksheet
The worksheet should contain the actual calculation of the child support based on Child Support Income, Work-Related Child Care Costs, Health, Dental, Orthodontic, and Optometric Insurance Premiums, and any Child Support Adjustments. (See Section IV, Specific Instructions for the Worksheet and Appendix VII for a completed sample worksheet.)
II.C. Child Support Schedules
The Child Support Schedules (Appendix II) are adopted by the Kansas Supreme Court based on the recommendation of the Kansas Child Support Guidelines Advisory Committee.1 The schedules are based upon national data regarding average family expenditures for children, which vary depending upon three major factors: the parents’ combined income, the number of children in the family, and the ages of the children.2 The schedules are derived from an economic model initially developed in 1987 by Dr. William Terrell.3 In the fall of 1989, Dr. Ann Coulson updated the schedules,4 which were then modified downward at lower income levels in 1990 at the Court’s request, and adjusted for current economic data in 1993.5 Dr. William Terrell reviewed various studies and foundation data in 1998 and 2002. These reviews led to updated schedule proposals; however, no changes were made in 1998. His more recent statistical analyses and attendant schedule changes provide the basis for the committee’s recommendations that were adopted by the Court in 2003.6 Dr. Jodi Messer-Pelkowski worked with Dr. Terrell during the review period which led to the adoption of Kansas Supreme Court Administrative Order No. 180 effective January 1, 2004, and took over Dr. Terrell’s work during 2005.7 Her analysis of economic data in spending on children served as the basis for the committee recommendations in 2007 and in 2011.
The schedules take into consideration that income deductions for social security, federal retirement, and federal and state income taxes, as well as property taxes on owner-occupied housing, are not available to the family for spending.8 Thus, although the schedules use combined gross monthly income as an index that identifies values in the child support schedules, the entries in the schedules used to calculate the actual child support obligation are based upon either consumption spending9 or after-tax income, whichever is lower. The schedules also include a built-in reduction from average expenditures per child (the dissolution burden), because of the financial impact on the family of maintaining two households instead of one.10
II.D. Domestic Gross Income - Wage Earner
The Domestic Gross Income for the wage earner is income from all sources, including that which is regularly or periodically received, excluding public assistance and child support received for other children in the residency of either parent. For purposes of these guidelines, the term “public assistance” means all income, whether in cash or in-kind, which is received from public sources and for which the recipient is eligible on the basis of financial need. It includes, but is not limited to, Supplemental Security Income (SSI), Earned Income Credit (EIC), food stamps, Temporary Assistance for Needy Families (TANF), General Assistance (GA), Medicaid, Low Income Energy Assistance Program (LIEAP), Section 8, and other forms of public housing assistance.
It may be necessary for the court to consider historical information and the seasonal nature of employment. For example, if overtime is regularly earned by one of the parties, then a historical average of one year should be considered.
In instances where one or both of the parties is employed by a branch of the armed forces or is called to active duty by a branch of the armed forces, then the court shall include the basic pay of the party plus Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS). The court may consider cost of living differences in determining the Domestic Gross Income. Depending upon the facts of the case, the court may consider the BAH II Incentive or Special Pays and other forms of pay as found in Appendix IX.
Frequently, a wage earner’s income is adjusted for a salary reduction arrangement for qualified benefits offered under a cafeteria plan (see Appendix VI). In such cases, the use of gross wages (total income before
any salary reduction amounts) results in the simplest and fairest application of the guidelines. Therefore, the gross income of the wage earner, regardless of whether it is taxable or nontaxable, is to be used to compute child support payments.
II.E. Income Computation - Self-Employed
Self-Employment Gross Income is income from self-employment and all other income including that which is regularly and periodically received from any source excluding public assistance and child support received for other children in the residency of either parent.
In cases of self-employed persons, Reasonable Business Expenses are those actual expenditures reasonably necessary for the production of income. Depreciation shall be included only if it is shown that it is reasonably necessary for the production of income. Reasonable Business Expenses shall include the additional self-employment tax paid over and above the FICA rate.
Domestic Gross Income for self-employed persons is self-employment gross income less Reasonable Business Expenses.
II.F. Imputed Income
II.F.1. Income may be imputed to the parent not having primary residency11 in appropriate circumstances, including the following:
II.F.1.a. Absent substantial justification, it should be assumed that a parent is able to earn at least the federal minimum wage and to work 40 hours per week. Incarceration does not constitute substantial justification.
II.F.1.b. When a parent is deliberately unemployed, although capable of working full-time, employment potential and probable earnings may be based on the parent’s recent work history, occupational skills, and the prevailing job opportunities in the community.
II.F.1.c. If a parent is terminated from employment for misconduct, rather than laid off, their previous wage may be imputed, but shall not be less than federal minimum wage.
II.F.1.d. When a parent receives significant in-kind payment that reduces personal living expenses as a result of employment, such as a company car, free housing, or reimbursed meals, the value of such reimbursement should be added to gross income.
II.F.1.e. When there is evidence that a parent is deliberately underemployed for the purpose of avoiding child support, the court may evaluate the circumstances to determine whether actual or potential earnings should be used.
II.F.2. Income may be imputed to the parent having primary residency in appropriate circumstances, but should not result in a higher support obligation for the other parent.
II.G. Child Support Income
Child Support Income is the Domestic Gross Income after adjustments for child support paid in other cases and for maintenance paid or received in the present case or other cases. (See Section IV, Specific Instructions for the Worksheet, Subsection D.1 and Appendix VII for a sample worksheet.)
II.H. Child Support Adjustments
Child Support Adjustments are considerations of additions or subtractions from the Net Parental Child Support Obligation to be made if in the best interests of the child. (See Section IV, Specific Instructions for the Worksheet, Subsection E.)
III.GENERAL INSTRUCTIONS
III.A. Documentation
The party requesting a child support order or modification shall present to the court a completed worksheet, together with a completed Domestic Relations Affidavit (Appendix III). This information shall assist the court in confirming or adjusting the various amounts entered on the worksheet.
The information required shall be attached to the application for support or motion to modify support.
A worksheet approved by the court shall be filed in every case where an order of child support is entered.
III.B. Applications
Calculations should be rounded to the nearest tenth for percentages.
Calculations should be rounded to the nearest dollar in all instances.
In using the Child Support Schedules for income amounts not shown, it may be necessary to round to the nearest basic child support obligation amounts.
In determining the age of a child, use the age on the child’s nearest birthday.
If the Combined Child Support Income exceeds the highest amount shown on the schedules, the court should exercise its discretion by considering what amount of child support should be set in addition to the highest amount on the Child Support Schedule. For the convenience of the parties, a formula is contained at the end of each child support schedule to compute the amount that is not set forth on the schedules (see Appendix VIII, Example 2).
If the parties share legal responsibility for more than six children, support should be based upon the established needs of the children and be greater than the amount of child support on the Six Child Families’ Schedule.
Filling out the Kansas Child Support form is an essential step in establishing or modifying child support obligations. Accurate information is crucial to ensure the correct calculation of support amounts. Follow these steps carefully to complete the form.
The Kansas Child Support form is a legal document used to calculate and establish child support obligations in Kansas. It is based on guidelines set by the Kansas Supreme Court and helps ensure that child support amounts are fair and consistent.
Anyone involved in a child support case in Kansas should use the Child Support Worksheet. This includes parents who are establishing new child support orders or modifying existing ones. The worksheet helps both parties understand their financial responsibilities.
Child support is calculated using the Child Support Worksheet, which takes into account various factors such as:
The worksheet provides a rebuttable presumption of what a reasonable child support order should be, but adjustments can be made if necessary.
If your financial situation changes significantly, you may request a review of the child support order. You will need to demonstrate how your circumstances have changed, which may include a loss of job or a significant increase in income.
Yes, the Child Support Worksheet allows for adjustments based on special needs or extraordinary expenses. If your child has specific needs that require additional financial support, this can be taken into account when calculating the child support obligation.
In cases where parents share equal or nearly equal parenting time, adjustments can be made to the child support calculation. The worksheet includes provisions to address these situations, ensuring that both parents contribute fairly to the child's expenses.
Yes, certain costs can be added to the child support obligation. These may include:
These additional expenses can affect the total amount of child support owed.
If a parent does not pay the ordered child support, the other parent can take legal action to enforce the order. This may include wage garnishment, tax refund interception, or even legal penalties. It's important to keep records of any missed payments.
Child support can be reviewed and modified as needed. Generally, either parent can request a review every few years or sooner if there are significant changes in circumstances. The court will consider the evidence presented before making any adjustments.
The Kansas Child Support Guidelines can be found on the Kansas Judicial Branch website. They provide detailed information about how child support is calculated, including the necessary forms and worksheets.
Incomplete Information: Failing to provide all required details can lead to delays or rejections. Ensure that every section is filled out completely.
Incorrect Income Reporting: Misreporting income, whether overestimating or underestimating, can affect the child support calculation. Always use accurate and up-to-date figures.
Neglecting Adjustments: Not accounting for necessary adjustments, such as court-ordered payments or extraordinary expenses, can lead to an inaccurate child support obligation.
Improper Documentation: Failing to attach required documents can result in processing delays. Always include supporting documentation as specified in the guidelines.
Ignoring Changes in Circumstances: Not updating the form when there are significant changes in income or parenting time can lead to outdated support amounts.
Rounding Errors: Miscalculating figures due to improper rounding can lead to discrepancies in the final amounts. Follow the rounding rules provided in the guidelines closely.
When dealing with child support matters in Kansas, several forms and documents are commonly used alongside the Kansas Child Support form. Each of these documents serves a specific purpose in the process of determining and managing child support obligations. Here is a list of important documents that may be relevant.
Understanding these documents can help parents navigate the child support process more effectively. Each form plays a role in ensuring that child support obligations are fair and appropriate for the circumstances of both parents and the needs of the child.
The Kansas Child Support form shares similarities with the Child Support Enforcement (CSE) application, which is used across various states. Both documents aim to establish and enforce child support obligations. The CSE application requires parents to provide detailed information about their income and expenses, much like the Kansas Child Support Worksheet. This ensures that child support calculations are based on accurate financial data. Furthermore, both documents emphasize the importance of adhering to state guidelines, which helps maintain consistency in child support determinations.
Another comparable document is the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) form. While the UCCJEA primarily addresses custody issues, it often accompanies child support applications. Both forms require detailed information about the parents' circumstances and the child’s needs. The UCCJEA ensures that custody arrangements are considered when determining child support obligations, reflecting the interconnected nature of these legal matters. This holistic approach helps ensure that the best interests of the child are prioritized in both custody and support decisions.
The Domestic Relations Affidavit (DRA) is yet another document that aligns closely with the Kansas Child Support form. The DRA is used to provide the court with financial information necessary for making decisions regarding child support and alimony. Like the Kansas Child Support Worksheet, the DRA requires parents to disclose their income, expenses, and any other financial obligations. This commonality facilitates a comprehensive understanding of each parent's financial situation, allowing for more equitable support arrangements.
Lastly, the Financial Disclosure Statement (FDS) bears resemblance to the Kansas Child Support form. The FDS is often used in divorce proceedings to disclose all financial information relevant to the court. Both documents require a detailed account of income, expenses, and assets, ensuring that the court has a complete picture of the financial circumstances surrounding child support. This thorough disclosure process is essential for accurately determining child support obligations, as it helps prevent any misunderstandings or misrepresentations of financial situations.
Filling out the Kansas Child Support form can be a daunting task, but following some straightforward guidelines can help ensure the process goes smoothly. Here are seven essential do's and don'ts to keep in mind:
By adhering to these guidelines, you can help create a smoother experience while navigating the child support process in Kansas. Remember, the goal is to ensure the best interests of the child are prioritized.
Understanding child support can be challenging, and several misconceptions exist regarding the Kansas Child Support form. Here are five common misunderstandings:
Filling out the Kansas Child Support form can be a straightforward process if you keep a few key points in mind. Here are important takeaways to guide you:
By keeping these points in mind, you can navigate the Kansas Child Support form with greater confidence and clarity.