Author Topic: Is CS a "bill" that can be paid off?  (Read 6658 times)

KS Step Mom

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Is CS a "bill" that can be paid off?
« on: March 08, 2013, 11:53:24 PM »
As close as I can figure, we will be paying $75000 between now and when the last child becomes ineligible for CS. If we came into a large amount of money, could we simply write a check for that balance to KPC and have it lump sum distributed to BM?  Of course, in howevermany years, if CS continues to be recalulated etc... and it is found that the adjustments mean we owe a little more, then we could start paying again when the 75k is exhausted.

The alternative would be to put the money into a savings account, to earn interest, and make the payments out of that each month.

If we were to do that, what would it take to have a garnishment removed?

Thoughts?


Guru

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Re: Is CS a "bill" that can be paid off?
« Reply #1 on: March 12, 2013, 06:52:58 PM »
Well, coming into a large sum of money is a good problem to have I suppose.  Child support cannot be paid in a lump sum though.  That is because it will vary monthly and will probably not sum to the same amount a few years from now.  You can only remove the garnishment (payment center) if both parties agree that one will pay the other directly.  Otherwise the child support industry will gladly take their cut to transfer funds around.

I don't believe I would advertise to anyone at any time that you are or about to come into a large sum of money.  I don't know how that would equate to child support, but I can tell you that such a lump sum of money could only be questioned if the child support payor were the one to receive it.  If, say, the spouse of the payor were the one to inherit such money or it were put into a trust, the courts could not consider it as income.  If it were me, I might be inclined to create a trust and open an account with the trust listed as the owner.

KTM

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Re: Is CS a "bill" that can be paid off?
« Reply #2 on: August 03, 2013, 10:13:16 AM »
Congratulations GURU!

YES. Child Support can be paid in full in advance of your child aging out of the system.

1. Contact the Kansas Payment center and ask them to calculate your payments to date and project the total amount due under the current guidelines to when your oldest child ages out of the system. I believe that you can pay that amount in full and not pay anything again until the support is recalculated at that time.

AND/OR

2. Settle with your X on a lump sum payment and in a hearing without attorneys ask the Court to approve the settlement based upon the tally sheet you have received from the KPC. The Court may vacate the Order and file it as paid in full and you will be done OR to be re evaluated a month or so before the date your oldest child ages out of the system.

Guru

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Re: Is CS a "bill" that can be paid off?
« Reply #3 on: August 03, 2013, 10:52:08 AM »
KTM, this will be your final warning.  Make one more snide condescending remark towards me or any member and you will be banned from the site.  I've read all your latest posts, all of which mostly just target comments I've made.  You have your opinion, but I'm not going to have a member posting simply to bash someone else.

KS Step Mom, I don't know of a way to pay out of child support, but you can prepay with the KPC.  Support will continue to be recalculated based on income level and the age of the child.  It can be projected to age 18, but it will most likely not be accurate because items like medical bills, daycare, and education expenses will come up.  The amount of $75k may raise some eyebrows with the KPC for sure.  I don't know that I would let $75k just sit in the KPC account earning no interest.  I think your later idea of putting it into an account and paying from that would be better.

In order to remove the garnishment, I think the KPC would need to contact your court trustee.  The trustee is who submits the garnishment (or the other attorney).  If the garnishment were not necessary because sufficient funds were available in the KPC account, I suppose it could be removed for a while.

KTM

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Re: Is CS a "bill" that can be paid off?
« Reply #4 on: August 03, 2013, 06:32:33 PM »
GURU,

I am not sure why you felt I made a snide remark here. I simply read the thread wrong and thought that I was congratulating you for falling into a windfall of money. It was intended as good wishes. But, upon review was said to the wrong person.

As to other recent posts made in the last few days which you appear to believe are "snide" comments made toward you I can only say that they are re-posts from past threads responding to your opinions (past and present) consistently stating opinions that women are getting a free ride from Child Support and men are getting the shaft. I do not believe that my comments were any more inappropriate than yours. But, yes, are stated as being in direct response to one or more of your comments on the threads.

Use your power as you will. I do not see anything inappropriate or threatening in my postings. As moderator of this site you have the ability to discuss your concerns with me or anyone else by email or private message here. Not sure why you chose a public posting. If you see something specific that is threatening to you or uses inappropriate language please let me know and I will soften my words.

It is nearly impossible and may be actually impossible not to post after you or comment on your posts if different than my take on things since you post on every thread and are the most frequent poster on the board.

P.S. I guess my first warning is my "final warning" as I have not heard from you about your concerns before.

KTM

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Re: Is CS a "bill" that can be paid off?
« Reply #5 on: August 03, 2013, 06:39:26 PM »
KS Step Mom -

Child Support will only be recalculated and a new order issued if there is a qualified change of circumstances and either party would file a request for a hearing in front of the judge.

I think it is possible due to the unusual circumstances of your offer that if the other party accepts a Judge may allow you to do this and file the current obligation under the current Order as paid. That would not exclude either of you from filing a request for a new hearing and new Child Support calculation in the future. Any new support Ordered would become a new obligation and it is likely the Court would take the amount you had already paid in full in consideration and credit you that amount if a new Order were filed making it economically less beneficial for the other party to file such a request.

After this I will post a thread from a previous discussion which outlines when Kansas law allows for Child Support to be recalculated.

KTM

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Re: Is CS a "bill" that can be paid off?
« Reply #6 on: August 03, 2013, 06:50:03 PM »
RE POST OF OLD THREAD

Exception to Change of Circumstances Child Support Modification Rule in Kansas
« on: November 02, 2012, 04:10:17 PM »
Quote
Exception to Change of Circumstances Child Support Modification Rule in Kansas Child Support Guidelines

K.S.A. (Kansas Statutes, Law)
Chapter 38 Minors
Article 22 Revised Kansas Code for care of Children

Statute 38-2279 : Withholding Order for Child Support; filing service.

(f)   A child support order registered pursuant to this section shall have the same force and effect as an original child support order entered under chapter 60 of the Kansas Statutes Annotated, and amendments thereto, including, but not limited to:

(5)   the court shall have continuing jurisdiction over the child support action and the parties thereto and subject matter and, except as otherwise provided in subsection (g), may modify any prior support order when a material change in circumstances is shown irrespective of the present domicile of the child or parents. The court may make a modification of child support retroactive to a date at least one month after the date that the motion to modify was filed with the court.

      (g)   If a motion to modify the child support order is filed within three months after the date of registration pursuant to this section, if no motion to modify the order has previously been heard and if the moving party shows that the support order was based upon one or more of the presumptions provided in K.S.A. 2009 Supp. 38-2277, and amendments thereto, or upon a stipulation pursuant to subsection (c) of K.S.A. 2009 Supp. 38-2277, and amendments thereto, the court shall apply the Kansas child support guidelines adopted pursuant to K.S.A. 20-165, and amendments thereto, without requiring a showing that a material change of circumstances has occurred, without regard to any previous presumption or stipulation used to determine the amount of the child support order and irrespective of the present domicile of the child or parents. Nothing in this subsection shall prevent or limit enforcement of the support order during the three months after the date of registration.

KTM

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Re: Is CS a "bill" that can be paid off?
« Reply #7 on: August 03, 2013, 06:58:24 PM »
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
24
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.

KTM

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Re: Is CS a "bill" that can be paid off?
« Reply #8 on: August 04, 2013, 09:47:00 AM »
A lump sum payment would not be held at the Kansas Payment Center. They are a processing center and not a bank.

A lump sum payment would be conveyed to the other party. A document would be prepared, signed by the recipient and notarized to be filed into the Court record along with proof of payment.

The Court would sign a document or a Journal Entry would be made after a hearing stating that Child Support had been paid in full under the current Order. A copy of that document would be sent/filed with the Court Trustee and appropriate termination of witholding would follow.