Child support is a vital part of making sure that children receive the financial care they need, regardless of what is happening with their parents. Under Kansas law, both parents have a legal obligation to contribute financially to their child's upbringing. This applies to both divorced parents and those who were never married. The state determines child support based on the Kansas Child Support Guidelines, which consider factors such as the income of both parents, the child’s needs, and custody arrangements.
For divorced parents, child support agreements are typically part of the divorce settlement. The court calculates support based on a standardized formula designed to be fair to each parent while prioritizing the child's well-being. Meanwhile, unmarried parents may need to establish legal paternity before the court issues child support orders. Once paternity is established, the financial responsibilities of each parent are assessed and enforced in a manner similar to cases involving divorced parents.
Whether parents are dealing with an initial child support order, modifying an existing one, or addressing unpaid support, the process can be legally and emotionally complex. The child support lawyers in our Manhattan office can help clarify legal obligations, advocate for fair outcomes, and we’ll work hard to protect the best interests of you and your children.
We serve clients throughout Riley, Clay, Saline, Shawnee, and Wabaunsee counties. Call (785) 645-2732 today to schedule a consultation.
A custodial parent has a legal right to receive the agreed-upon support. When the non-custodial parent fails in that obligation, the means of redress can include:
Wage Garnishment
One of the most effective methods for collecting unpaid child support is wage garnishment. Courts can order the delinquent parent’s employer to withhold a portion of their paycheck and redirect it toward child support payments. This enables consistent contributions without relying on voluntary compliance from the nonpaying parent.
Tax Refund Interception
If a parent falls behind on child support, the state can intercept their federal or state tax refund to cover the debt. This method is particularly helpful for recovering large arrears, as the entire refund amount can be applied to the outstanding balance. It also serves as a deterrent for parents neglecting their financial responsibilities.
Suspension of Licenses
Delinquent child support can result in the suspension of various licenses, including driver’s licenses and professional certifications. This creates a strong incentive for parents to resume payments, as failure to do so can significantly disrupt their personal and professional lives.
Contempt of Court Actions
For persistent nonpayment, courts may take stronger measures, such as filing contempt of court charges. This legal action can lead to fines, additional penalties, or even jail time for the noncompliant parent. Though severe, it underscores the importance of fulfilling child support obligations.
Seizing Assets
The court may order the seizure of financial assets, such as bank accounts or property, to recover delinquent child support. This approach allows for funds owed to the child to be extracted directly from the nonpaying parent’s available resources.
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How to Modify Child Support
Life circumstances often change, and child support orders may need to be adjusted to reflect new realities. Under Kansas law, parents can request a modification of child support if they experience a significant change in circumstances. This could include a shift in income for either parent, a change in custody arrangements, or a serious health condition affecting the child or a parent.
To initiate a modification, the requesting parent must file a motion with the court. They will need to provide evidence supporting their claim that the existing order no longer reflects the child’s needs or the parent’s ability to pay.
For example, if the paying parent loses their job or suffers a substantial reduction in income, they may request a lower monthly payment. Conversely, if the receiving parent can demonstrate increased financial needs due to the child’s medical expenses or educational requirements, they may request a higher level of support.
It’s important to note, however, that minor fluctuations in income or expenses are typically not sufficient grounds for modification. Furthermore, the court is likely to consider the circumstances that caused an income loss. If a parent voluntarily quit a high-paying job to accept one with a lower salary, the court may not see that as a good reason to adjust child support. If a parent who lost a job is considered reasonably likely to find another one at a similar salary, the court may so no reason to move too quickly on any modification order.
We know how to guide parents through the modification process, from documenting your case to making an effective presentation before the court.
Child Support Lawyers You Can Rely On
The issues involved with child support can be complex, and the law is marked by details that can be small, but still very important. That’s why the attorneys in our Manhattan office exclusively practice one particular area of law. You can trust that the lawyer you work with will be someone who is laser-focused on family law specifically. Addair Law has been here for over 15 years, helping people get through life situations that are both personally and legally challenging.
Call (785) 645-2732 or contact us online today to set up a consultation. We serve both English and Spanish-speaking clients and can meet either in person or virtually.
