The Kansas Child Support form is a crucial document used to establish and review child support obligations in the state of Kansas. This form, which includes a comprehensive Child Support Worksheet, helps parents calculate their respective financial responsibilities based on the Kansas Child Support Guidelines. Understanding how to properly fill out this form is essential for ensuring that the best interests of the child are met.
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When navigating the child support process in Kansas, several forms and documents complement the Kansas Child Support form. Each of these documents serves a specific purpose, ensuring that all relevant information is considered during the establishment or modification of child support obligations.
Understanding these documents is essential for anyone involved in the child support process in Kansas. They collectively ensure that all relevant financial factors are considered, facilitating fair and just outcomes for both parents and, most importantly, the children involved.
What is the purpose of the Kansas Child Support form?
The Kansas Child Support form is designed to help determine the amount of child support that a parent should pay. It provides a standardized way to calculate financial obligations based on various factors, including income and expenses. This ensures that child support orders are fair and consistent across different cases.
Who needs to complete the Child Support Worksheet?
Both parents involved in a child support case are typically required to complete the Child Support Worksheet. This includes parents who are going through a divorce, separation, or any other legal proceeding that involves child support. Each parent’s financial situation will be assessed to arrive at a fair support amount.
What information is required to fill out the Child Support Worksheet?
To complete the Child Support Worksheet, parents need to provide detailed information about their income, including wages, self-employment earnings, and any additional sources of income. They must also report expenses related to child care, health insurance, and other relevant costs. Documentation supporting this information may be required.
How is the child support amount calculated?
The child support amount is calculated by using the information provided in the Child Support Worksheet. The worksheet takes into account both parents' incomes and necessary adjustments. The final figure, known as the Net Parental Child Support Obligation, is determined based on these calculations and serves as a rebuttable presumption of a reasonable support order.
What if one parent believes the calculated amount is unfair?
If a parent believes that the calculated child support amount is unjust or inappropriate, they can request an adjustment. The parent seeking the adjustment must provide evidence to support their claim. The court will then review the evidence and may adjust the support amount if it finds that doing so is in the best interest of the child.
Can child support amounts change over time?
Yes, child support amounts can change if there is a significant change in circumstances. This might include changes in income, employment status, or the needs of the child. Parents can petition the court for a review and possible modification of the child support order based on these changes.
What happens if a parent fails to pay child support?
If a parent fails to pay child support as ordered, there are several potential consequences. The custodial parent can seek enforcement through the court. The court may impose penalties, including wage garnishment, suspension of licenses, or even jail time in severe cases. It is crucial for parents to communicate any difficulties in making payments to avoid these situations.
Are there any exceptions to the standard child support calculations?
Yes, the Kansas Child Support Guidelines allow for deviations from the standard calculations in certain situations. Factors such as shared parenting time, extraordinary expenses, or the overall financial condition of the parents may justify a deviation. These exceptions must be documented and justified in court.
How often are the Kansas Child Support Guidelines reviewed?
The Kansas Child Support Guidelines are periodically reviewed to ensure they remain fair and relevant. The review process considers changes in economic conditions, social norms, and other factors that might impact child support obligations. Parents can stay informed about any changes by consulting with legal professionals or checking official state resources.
Where can I find the Kansas Child Support form?
The Kansas Child Support form can typically be found on the Kansas Judicial Branch website or through local court offices. It is important to use the most current version of the form to ensure compliance with the latest guidelines and requirements.
This form is applicable not only to divorced parents but also to those who have never been married. It serves as a tool for establishing child support obligations regardless of the parents' marital status.
The worksheet is a mandatory component in calculating child support obligations. Courts require its completion to ensure that calculations adhere to established guidelines.
Child support obligations can be assigned to either parent, depending on the circumstances. Both parents share the responsibility of financially supporting their child.
The amount derived from the worksheet is a rebuttable presumption. If a party believes the calculated amount is unjust, they can present evidence to request an adjustment.
Child support may also include additional expenses such as health care, education, and childcare costs. The guidelines take into account various factors that contribute to a child's well-being.
Different types of income may be treated differently. For example, self-employment income requires specific adjustments for business expenses, while wages from employment are calculated differently.
Child support orders can be modified if there is a significant change in circumstances, such as a change in income or parenting time. Parents can petition the court for a review of the support amount.
The Kansas Child Support form shares similarities with the Child Support Enforcement (CSE) forms used in various states. Both documents aim to establish and modify child support orders, ensuring that children's needs are met. CSE forms typically include income information, expenses, and any special circumstances affecting support calculations. Like the Kansas form, they often require detailed financial disclosures from both parents to ensure fair assessments of support obligations.
The Kansas Child Support form shares similarities with the Child Support Enforcement (CSE) forms used in various states. Both documents aim to establish and modify child support orders, ensuring that children's needs are met. CSE forms typically include income information, expenses, and any special circumstances affecting support calculations. Like the Kansas form, they often require detailed financial disclosures from both parents to ensure fair assessments of support obligations. Additionally, for those seeking to understand various legal documents, resources such as PDF Templates can provide valuable insights.
Another comparable document is the Child Support Worksheet used in many jurisdictions. This worksheet serves as a tool for calculating child support obligations based on income, expenses, and custody arrangements. It mirrors the Kansas Child Support form by providing a structured format for parents to report their financial situations. Both documents help streamline the process of determining fair support amounts, promoting consistency across cases.
The Federal Tax Return form also bears similarities to the Kansas Child Support form. Both documents require detailed financial information, including income and deductions. Parents often use their tax returns to report income on child support forms. The Kansas guidelines specifically address how to incorporate tax considerations into child support calculations, highlighting the importance of accurate financial reporting in both contexts.
The Domestic Relations Affidavit is another document that resembles the Kansas Child Support form. This affidavit collects essential information about each parent's financial status, including income, expenses, and assets. Like the Kansas form, it serves as a foundational document for establishing child support obligations. Both documents aim to provide a clear picture of each parent's financial circumstances to facilitate fair support determinations.
The Child Custody Evaluation Report often complements the Kansas Child Support form. While its primary focus is on custody arrangements, it also provides insights into the financial implications of those arrangements. The report may influence child support calculations by considering factors such as parenting time and associated costs, similar to how the Kansas guidelines account for these elements in their calculations.
The Parenting Plan is another document that shares a connection with the Kansas Child Support form. This plan outlines the agreed-upon arrangements for a child's care, including custody and visitation schedules. The financial responsibilities outlined in the Kansas guidelines often correlate with the terms of the Parenting Plan, as both documents address the needs and welfare of the child in a comprehensive manner.
The Income Withholding Order is similar in that it establishes mechanisms for collecting child support payments. This order ensures that payments are deducted directly from a parent's paycheck, providing a reliable source of income for the child. Like the Kansas Child Support form, it aims to protect the child's financial interests while ensuring compliance with support obligations.
The Affidavit of Support, often used in immigration cases, parallels the Kansas Child Support form in its focus on financial responsibility. This affidavit requires a sponsor to demonstrate their ability to support a dependent financially. Both documents emphasize the importance of providing adequate financial support to dependents, reinforcing the obligation of parents to contribute to their children's well-being.
Lastly, the Financial Disclosure Statement is akin to the Kansas Child Support form. This statement requires parents to disclose their financial situations, including income, assets, and liabilities. Both documents serve to ensure transparency in financial matters, allowing courts to make informed decisions about child support obligations based on accurate and comprehensive financial information.
Kansas Dmv Forms - Both the lien holder and the DMV office must collaborate to complete the form.
The California Power of Attorney for a Child form serves as a crucial tool for parents needing to delegate authority to a trusted individual for their child’s welfare. This document is especially important during times when parents are unable to be present, such as when dealing with an illness, military deployment, or extended travel. For those looking for guidance on this form, resources like californiapdf.com/editable-power-of-attorney-for-a-child can provide valuable assistance in navigating the process.
Kansas Cp 4 - The supervisor’s oath reinforces the accuracy of the filed log and statements.
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.