In Kansas, child custody cases focus on the best interests of the child, and part of this includes determining the amount of child support that is appropriate for a given case. In Kansas, the amount and type of custody each parent has of the child/children is an important factor for child support. Custody is generally divided into two categories: legal custody and physical custody.
- Legal custody gives a parent the right to make key decisions about the child’s life, including education, healthcare, and religious choices. Kansas courts generally favor joint legal custody, where both parents share decision-making equally. This ensures that both parents have a say in important decisions, even after a divorce. However, if joint custody isn’t in the child’s best interest, the court may grant one parent sole legal custody.
- Physical custody refers to where the child will live and who will provide day-to-day care. It can be either sole physical custody, where the child lives mainly with one parent and the other has visitation, or joint physical custody, where the child spends time living with both parents. Joint physical custody is flexible and depends on the parents’ schedules and the child’s needs, allowing the child to maintain a strong relationship with both parents.
Child custody arrangements are usually outlined in a parenting plan, which details how custody and responsibilities will be shared. Parents are encouraged to work together on this plan, but if they can’t agree, the court will step in to decide how child support is determined and which arrangement serves the child’s best interests.
What factors will the court consider in a child custody case?
In a Kansas child custody case, the court focuses on what is in the best interests of the child by considering several factors including:
- The child’s relationship with each parent.
- The ability of each parent to care for the child financially.
- Each parent’s ability to provide a stable, safe environment.
- The child’s adjustment to home, school, and community.
- The child’s preferences (if old enough).
- Any history of abuse or neglect.
- Each parent’s willingness to encourage a relationship with the other parent.
- The physical and mental health of the child and parents.
- Any special needs the child may have.
These factors are important in shaping custody arrangements, which will ultimately affect the amount of child support that is ordered in your case
Can child support be modified in Kansas?
Yes, child custody orders can be modified in Kansas if there has been a significant change in circumstances that affects the child’s well-being. Modifications may also lead to a review of how child support is determined. Either parent can request a modification, but the court may need to adjust child support even when it doesn’t directly benefit the child, like in cases where the paying parent loses their job or faces a substantial drop in income.
What happens if a parent refuses to pay child support?
If a parent refuses to pay child support in Kansas, the court can take several legal actions to enforce payment. Non-payment is a serious matter, and there are consequences for failing to comply with paying court-ordered child support.
One common action is wage garnishment, where the parent’s employer is required to withhold part of their paycheck, which is ultimately paid to the parent who is owed support. The government can also intercept tax refunds and apply them toward the unpaid support. In some cases, the parent’s driver’s license or professional licenses may be suspended until the overdue support is paid. If the situation continues, the court can hold the parent in contempt, which could lead to fines or even jail time. Additionally, the court may place a lien on the non-paying parent’s property, such as a house or vehicle, until the child support debt is resolved.
If you are facing unpaid child support, legal action can help ensure that child support is determined fairly, and that the court order is enforced.
Can child support be agreed upon without going to court?
Yes, parents can agree on child support without going to court, but the agreement must still follow Kansas state guidelines. Even if parents reach a mutual agreement on the amount of support, it’s important to make sure that the arrangement meets the financial needs of the child.
Once the agreement is made, it must be submitted to the court for approval. The court will review the agreement to confirm it’s fair and complies with Kansas law. The judge will check to make sure that child support is determined in a way that protects the child’s best interests and aligns with the state’s guidelines, which are based on the income of both parents and other relevant factors.
How can I get help with my child support case?
If you have questions or concerns about how child support is determined in your case, Kansas City Legal Group is here to help. Our experienced divorce and family law attorneys can provide the guidance and representation you need to make sure your child’s financial needs are met fairly.
If you need assistance with child support or any other family law matters, contact Kansas City Legal Group today. Our team is dedicated to helping you navigate Kansas child support laws to protect your rights and your child’s well-being.