Key Takeaways
- An increase in parenting time may affect child support, but it does not automatically mean you can lower child support.
- Kansas City child support calculations consider parenting time along with income, health insurance, childcare, and other factors.
- A child support modification in Kansas City may require a material change in circumstances depending on when the current order was entered.
- Accurate records of parenting time and finances can help when seeking to lower child support.
Can More Parenting Time Lower Child Support?
If your parenting time has increased, you may wonder whether you can lower child support. The answer depends on the circumstances.
Both Kansas and Missouri child support guidelines account for parenting time when calculating support. In Kansas, the guidelines provide for a parenting time adjustment when the non-primary parent has at least 35% of the child’s time. In Missouri, a parenting time adjustment may be appropriate if the child spends “equal or substantially equal time” with both parents. Other factors, including income, health insurance, childcare expenses, and the number of children, can also affect the calculation.
Because of these factors, more parenting time does not automatically lower child support. A child support modification in Kansas City requires a review of the existing order and the family’s current circumstances.
How Does Parenting Time Affect Child Support?
Parenting time can affect support because each parent may take on more of the child’s everyday expenses when the child spends more time in that parent’s home.
For example, a parent who has substantially more parenting time may pay more for food, transportation, clothing, activities, and other day-to-day needs. The Kansas and Missouri guidelines account for some of these costs through a parenting time adjustment.
If you are seeking to lower child support, the actual parenting schedule matters. A child support modification in Kansas City should be based on accurate information about how much time each parent actually spends with the children.
What Do I Need To Lower Child Support?
Both Kansas and Missouri law allows a court to modify a child support order at least once every three years when there has been a material change in circumstances. If more than three years have passed since the original order or most recent modification, a material change is not required.
A significant change in parenting time may be one factor to consider when determining whether to request a modification. If you want to lower child support, gather:
- Your current parenting plan or court order
- Records showing actual parenting time
- Pay stubs and other income records
- Health insurance and childcare information
- Current child support worksheets
- Records of significant changes in the children’s expenses
These records can help your attorney evaluate whether a child support modification in Kansas City may be appropriate.
What If My Parenting Time Increased But My Support Did Not Change?
An increase in parenting time does not automatically change an existing support order. Until a court modifies the order, you generally remain responsible for the amount currently ordered.
Do not simply lower child support payments on your own because your schedule has changed. Instead, discuss the change with an attorney and determine whether you have grounds for a child support modification in Kansas City.
How A Parenting Time Change Can Affect Your Case
The court may look at the actual circumstances of your family, not just the number of overnight visits listed in an old order. A consistent change in parenting time may be relevant when reviewing support.
Kansas law also allows parenting time orders to be modified when doing so would serve the child’s best interests. This means a change in parenting time and a change in child support may involve related, but separate, legal questions.
If you are trying to lower child support, documenting your current parenting time can help show what has changed.
Why The Details Matter
Kansas Legal Group attorney Tori Laughlin represented a client in a case involving custody, parenting time, and child support for five minor children. The client was having significant difficulty communicating with the other parent about decisions affecting the children.
Tori successfully litigated the case, resulting in sole legal custody for the client, reduced physical parenting time for the other parent, and an increased monthly child support amount.
This case shows why parenting time and child support must be considered in the broader circumstances of the family. More parenting time does not guarantee that you can lower child support. Depending on the facts, a child support modification in Kansas City could result in a higher or lower support obligation.
What Should I Do If My Parenting Time Has Increased?
If your parenting time has changed, keep records of the schedule you are actually following. You should also organize information about your income and the children’s expenses.
A family law attorney can review your current order, parenting plan, and financial information to determine whether you may have grounds to lower child support. An attorney can also help you understand whether a child support modification in Kansas City is appropriate.
Protect Your Financial Interests With Experienced Legal Guidance
More parenting time may affect support, but it does not automatically mean you can lower child support. The outcome depends on the parenting schedule, financial circumstances, child-related expenses, and other facts.
Our experienced family law attorneys, who serve clients in both Kansas and Missouri, can help you understand how parenting time may affect your support obligation and whether you may have grounds for a child support modification in Kansas City.
If your parenting time has increased and you are concerned about your current support order, contact Kansas Legal Group today to schedule a consultation.
