Kansas Child Support Forum
General Kansas Child Support Discussions => General Discussions => Topic started by: KS Step Mom on March 09, 2013, 12:03:22 AM
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We recieved a request for "the last three check stubs from ALL of" my husband's jobs. BM's lawyer made the request but did not say why. We will gladly send them all... no big deal, but, our understanding is that only the main source of income can be used to calculate CS. The side job adds about $400/mo to our income as my husbands biweekly pay is around $400 every two weeks due to CS being garnished out of his checks. Anyway, the guidelines, somewhere, currently say something about additional jobs taken in order to supplement cannot be used to calculate CS. Did I interpret that correctly?
Again, we will still send the check stubs and the W2s because we would LOVE for them to come after us for more CS as we have had two children together.
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Yes, only the primary job is required for child support. Supplemental income secured to offset the cost of child support should not be considered in the calculation for child support. ALSO, keep in mind that you have the same rights as she does. You CAN request proof of any and all of her income as well. If you don't think it's correct, you can subpoena her income records to see if she told the truth. All of that can be done free of charge under state law.
There are three statements in the child support guidelines that are of interest here:
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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.
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So, you should probably go ahead and send the information, but you can send it with a return letter requesting the same of her.
You mentioned that you have two other children now. In that case, the Multiple Family Application would apply - if she requests a child support increase that is. So your child support may just end up going down instead of up.
Please keep us informed on your case.