RE POST OF MODIFIED OLD THREAD
Suggested Changes / Re: Changes to the shared custody calculation
« on: October 29, 2012, 05:07:36 PM »
I think it is important to note that the Kansas Child Support Guidelines contain specific rules which limit when you can file for a change in your Child Support Order.
Kansas Child Support Guidelines state the following:
Section V. CHANGE OF CIRCUMSTANCES
V.A. Courts have continuing jurisdiction to modify child support orders to
advance the welfare of the child when there is a material change of
circumstances.
V.B. In addition to changes of circumstances which have traditionally been
considered by courts, any of the following constitute a material change of
circumstances to warrant judicial review of existing support orders:
V.B.1. 10% Rule: Change of financial circumstances of the parents or the
guidelines which would increase or decrease by 10% the amount shown
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on Line F.3 of the worksheet, except that the income from a second job
taken by the parent not having primary residency shall not alone be
considered a material change of circumstances to warrant a modification
of the parent’s child support obligation. Income from bonuses not shown
to be regularly paid by the employer shall not be considered a material
change of circumstances to warrant a modification of the parent’s child
support obligation.
An increase in the gross income of the parent having primary residency is
not a material change of circumstances for the purpose of increasing the
child support obligation.
A parent shall notify the other parent of any change of financial
circumstances including, but not necessarily limited to, income, workrelated
child care costs, and health insurance premiums which, if changed, could constitute a material change of circumstances.
V.B.2. Duty to Notify: In the event of a failure to disclose a material
change of circumstances, such as the understatement, overstatement, or
concealment of financial information, as a result of such breach of duty,
the court may determine the dollar value of a party’s failure to disclose,
and assess the amount in the form of a credit on the Line F.3 child support
amount or an amount in addition to Line F.3 child support amount. The
court may also adopt other sanctions.
Upon receipt of written request for financial information, a parent shall
have thirty days within which to provide the requested information in
writing to the other parent. Refusal to provide the requested information
may make the non-complying parent responsible for the costs and
expenses, including attorney fees, incurred in obtaining the requested
information.
V.B.3. Age Change: The child is in a higher age group as a result of
having passed the child’s 6th or 12th birthday, or because the child’s ages
place them in the higher age group as a result in the change in the
guidelines.
V.B.4. Court Ordered Emancipation or as provided by Kansas Statute.
V.B.5. Incarceration or Termination from Employment: Termination from
employment for incarceration shall not constitute a material change of
circumstances that justifies a reduction in child support.