Author Topic: Child support question  (Read 8411 times)

wish2banon

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Child support question
« on: May 19, 2012, 10:49:17 PM »
If 2 parents have shared joint physical custody of a child where oral financial agreements were reached between the 2 parents for the majority of the child's life with no changes to the original joint physical custody agreement or court ordered actions in that time frame.  Both parents maintain principal residence in the same city and the child still is with each parent for nearly equal times.  Is it possible for one parent to sue for child support after a period of time where no child support order was in place.  Also how likely is this to be awarded in Kansas if the child's nearest birthday is age 18.

Guru

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Re: Child support question
« Reply #1 on: May 20, 2012, 12:00:06 PM »
This sounds like one of those situations where the case could go either way depending on the evidence.  I have a few questions:

1. are there any emails to collaborate the verbal agreement for no child support?
2. how was school and other such direct expenses paid over the years.
3. why do you think the other parent might be contemplating a big payday and asking for years of back chid support?
4. what are the time frames you are talking about? months? years?

wish2banon

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Re: Child support question
« Reply #2 on: May 20, 2012, 01:36:05 PM »
1.  Original divorce agreement states no child support by either parent. 
2.  By oral agreement.  Expenses were written down and reconciled monthly.
3.  Not sure how to answer this question.  In general one parent was paying more while other parent was giving more time.  This was not an agreed arrangement but rather 2 parents who approached supporting their child in different ways.  This situation has been a process and undergone several  changes over the years.  Now one parent is asking other parent for increased financial support.
4.  Time frame is greater than 15 years.

Guru

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Re: Child support question
« Reply #3 on: May 20, 2012, 06:37:56 PM »
From my outsider point of few I wouldn't think either parent would be accountable for any past due child support unless there was some kind of judgement ruling so.  The fact that both parents signed 15 years ago for no child support and neither parent has since motioned to change that, I couldn't see a court ruling in favor of either parent for past due child support.  It also sounds like there is somewhat of an agreement to pay for direct expenses.  For actual shared physical custody (number of overnights is nearly equal) per the pre-2008 guidelines, the amount of child support was rather small, but both parents were then required to share direct expenses.  In 2008, the 80/20 rule came out which was terrible on the part of the committee and should have never been released.  But thanks to the exhaustive efforts of a few parents informing the committee of the size of problem they created, the committee decided to implement a new shared custody child support method.  Sharing expenses is no longer required, but since you already have an agreement to share expenses, you probably should be basing any numbers you calculate on this fact because there is a filed document which states that expenses are shared (as I read it).

Back to your question - Unless there's other information which hasn't been posted here, I could only see a judge changing child support to be consistent with the guidelines at this point, not ruling for any arrearage.  But, since things are getting hot in the oven, you may want to keep copies of every thing you've paid for in the last year and from this point forward.

Sometimes hearings go terrible, though, and not at all the way people have planned in their mind.  Sometimes if you wear the wrong color shirt, or if you don't part your hair the right way the judge thinks you should be punished.  A judge has a duty to uphold the law and that is it!  So, keep in mind what a judge can and cannot do here.  I hate to say it, but unless you're well versed in KS statutes, the child support guidelines, and the your local court rules, you may want to call the KS bar association and ask for your $20 30 min legal advice session.  This is a service that the KS bar offers to promote attorneys and give them new leads.

KTM

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Re: Child support question
« Reply #4 on: May 20, 2012, 10:10:34 PM »
wish2banon,

It is my understanding that the state of Kansas considers Child support to be a right of the child/ren and not the parents. So, it is possible to be awarded at any time before the child/ren turn age 18 and graduate from High School or are emancipated. It is my understanding that there is no retroactive claim to Child Support unless and Order has already been filed and is uncollected/unpaid. A new Order would only be retroactive to the date of filing the current Motion/Request.

I do not believe a Court can Legally deny a valid claim to which the child/ren are considered to be entitled regardless of the circumstances of previous verbal agreement. The current circumstances or agreement is what would be relevant because the Law mandates Child Support on behalf of the child when it is requested/ case is filed with the Court. I believe that this is true even when a Divorce Decree states that neither parent will pay Child Support as the Law allows for specific changes in circumstances to reconsider the current circumstances and request a Modification of any prior agreement or Order regarding Child Support.

As to the comment about shared expenses it is my understanding that unless an agreement is in writing or both parties state that they have an expense sharing agreement the Court will not consider you to have one in place. I believe that means that any extraordinary expenses can be considered by the Court in a Motion for Child Support and one parent would be designated the primary caregiver and responsible for basic expenses like clothing, school fees, etc.

If this is a serious concern for you it may be valuable to get a legal consultation with a Family Law attorney regarding this matter. Otherwise, there may be valid changes in circumstances in the other parents life that have prompted the request for financial assistance/Child Support and given your prior agreement was peaceful and in place for a long time it may be worth having the conversation to see why help is now needed and how you can help get your child to that 18th Birthday with minimal changes or disruption in their life caused by financial hardship which I presume would be the reason behind the request for help. The latter option would also save time and potentially legal fees.