Overland Park Lawyers Protecting Clients’ Rights in Child Support Matters

Skilled Kansas family law attorneys strive for fair child support orders

Court orders for child support are meant to impose fairness. But an order that doesn’t reflect your financial reality or your family’s needs is going to enrich one party unfairly and harm the other. At The Henry Law Firm, P.A. in Overland Park, we fight for fair child support orders designed to achieve the law’s intended purpose of dividing financial responsibility between parents in an equitable manner. Our Kansas attorneys are experienced, caring and well-equipped to safeguard your interests. We thoroughly explain the relevant Kansas law and offer effective advocacy in initial child support proceedings, as well as modification and enforcement actions.

What does child support cover?

Child support is meant to ensure that children of parents who no longer live together have funds set aside for their basic needs, such as:

• Food
• Clothing
• Shelter
• Education
• Medical treatment

The law imposes an obligation on both parents to provide support for the children, with payments usually being sent by the parent who does not have residential custody. Child support obligations in Kansas continue until the child turns 18, or until the end of the school year in which the child turns 18, whichever is later.

Courts look to set child support terms so that children can enjoy the same standard of living as they would have had if their parents stayed together. In many cases, parents include funding for higher education as part of a child support agreement.

Factors in determining child support in KS

Kansas uses an income shares model for determining child support. The court takes the gross income of each parent, deducts certain allowances, and adds the remainder to get the combined net income. From there, the guidelines tell how much should be reserved to support their children based on their income and the number of children involved.

When the total support obligation is known, the court reviews what portion of the total income that each parent earns. Individual support obligations are set in proportion to each parent’s share of the combined income. For example, a parent earning 70 percent of the combined net income would pay 70 percent of the child support obligation.

This accounts for basic child support. Courts have discretion to make upward or downward adjustments based on certain factors, such as the needs of the children and how much time the children live with each parent under the child custody order.

Why hire an attorney?

Your concern for your children’s financial well-being can certainly increase your anxiety during or after divorce or separation. But if you attempt to handle child support matters on your own, you could wind up with an unfair order that does not reflect the reality of your financial circumstances. This means hardship in the near term, and possibly a prolonged court battle as you try to correct a bad situation.

Having a skilled family law attorney on your side can improve your chances of getting a fair order based on the true situation of each party. Our attorneys help parents do the following:

• Understand the Kansas Child Support Guidelines
• Negotiate an effective and appropriate child support amount
• Litigate child support issues when necessary
• Enforce child support orders when necessary
• Modify existing child support orders as material circumstances change

Kansas law has established general child support guidelines. Our attorneys can educate and advise you about the best possible financial arrangement within the framework of these guidelines. We help you structure the receipt or payment of child support so you can best secure your and your children’s financial future.

Child support orders reached through mediation or litigation

Through the structured process of private mediation, you and your co-parent can put aside differences and focus on the one point about which you likely agree — your children’s well-being. Our skilled negotiators can help you create a support plan that equitably sets forth or modifies the financial aspect of rearing your children.

Sometimes trial is necessary for you to receive a fair child support order. With our law firm, you have strong and experienced family law attorneys by your side who are prepared to stand up for your children’s right to a financially stable upbringing, and your right to a fair apportionment of parental obligations.

Modifying your Kansas child support order

Child support payments generally remain in place unless and until the court modifies the relevant order. If one parent suffers an injury or illness or loses a job, fairness might dictate at least a temporary modification of the support amount. In most cases, you must demonstrate that the change in circumstances is such that a modification of at least 10 percent in the support amount is warranted. Examples of circumstances where a modification might be justified include:

• A parent’s long-term disability
• A substantial decrease in a parent’s income due to a layoff, reduction of the employer’s workforce, or business failure
• A child’s health emergency, requiring medical treatment, rehabilitation and/or personal care

Our attorneys can guide you through the proper legal procedures to modify your child support payments to accommodate your changing financial circumstances.

In addition, if three years have passed since the last child support order was approved by the court, or there has been an increase in a parent’s income, it may be in your best interest to discuss a review of the child support amount with one of our family law attorneys.

Is it a crime to fail to pay child support in Kansas?

Both parents share the responsibility of supporting their children. If a parent fails to honor their legal obligations for your children’s financial support, the recipient parent can request enforcement from the court. Enforcement mechanisms at the court’s disposal include:

• Wage garnishment
• Seizure of bank accounts
• Interception of tax refunds
• Suspension of driver’s license and professional licenses
• Jail for contempt of court

It is rare that a parent who has the means to pay child support willfully refuses to do so. However, most often when this occurs, it is due to a conflict with the recipient parent over matters such as custody or visitation. While such tit-for-tat may be understandable on an emotional level, the courts have no patience with this type of behavior. It is much more productive to have our family law attorneys request enforcement of the child custody order than to defy the court’s order on support.

Contact our determined child support attorneys in Kansas

Family law financial support issues weigh heavily on your future and that of your children. The Henry Law Firm, P.A. in Overland Park is determined to help you obtain a result that places you and your children on solid financial ground. Please call us at 913-381-5020 or contact us online to schedule a consultation with one of our family law attorneys.