General Kansas Child Support Discussions > General Discussions

Modification Question

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KTM:
KSMom3

As I understand it, all unpaid Child Support issues in Johnson County, KS will go before a Magistrate for enforcement instead of a judge. You can file for free or a nominal fee and be heard without hiring an attorney. Keep in mind that the general rule is that the person with an attorney representing them has a strong advantage. I believe this is because the attorney has a professional responsibility, reputation & relationship with the Court which lends credibility and efficiency to your claim(s).

I suggest you start by going to the Child Support office in the Johnson County Courthouse. Bring copies of the order you have for Child Support which includes the original Court & Case Number and any documentation you have which shows your attempts to collect the unpaid Child Support. They will help you to know what step to take and direct you to your next step. If the order was given in another Court, they may still have jurisdiction on the matter. Additional steps may be required if you would like to change jurisdictions. There is a place in the courthouse where the paperwork and hearing date can be set before the Magistrate in Johnson County if that is a legally acceptable jurisdiction. At your hearing request the judgement be set to be collected through the Kansas Payment Center if possible by garnishment. This will allow the Kansas Payment Center to enforce and collect your claim. Without this Order they have no power to collect for you on behalf of your children.

Once you have a judgement on past due Child Support it will give credibility to your Legal Claim for a modification. I have heard that it is important when requesting a modification which may increase the amount you would receive in Child Support on behalf of your children, regardless of it's Legal justification,  that your claim be viewed as credible vs. gratuitous or greedy. Based upon what you have stated there are several things which have changed in your life that will give you Legal grounds to request a modification. It is in your and your child's best interest that the payments be made through the Kansas Payment Center.

The funds collected from the past due Child Support can then be used as the funding to pay an attorney to best represent your children by filing for a Modification of the original Order. There is a list of attorneys available to represent clients on a "Limited" basis. This allows you to narrow the scope of their representation of you to the action for Modification rather than generally representing you. I have found this list to contain the best of the best in the field of Family Law in Johnson County. I believe this list of attorneys offering Limited Representation can be obtained in the Law Library at the Johnson County Courthouse. I may have received it from a Judges clerk.

The Child Support guidelines offer information about what qualifies as income for the basis of income and how support is to be calculated and paid. But, it is my experience that Judge's  have the ultimate say and deviate from the guidelines. In my case, income from bonuses or commissions is treated as supplemental and is not included in the monthly amount paid through the Kansas Payment Center. A percentage is Ordered to be paid to me directly within 7 days of receipt. There are also forms of income included in the NEW Child Support guidelines which the Court refused to allow me to introduce into evidence several years ago. An experienced attorney will be familiar with the general leanings of the judge you are assigned and can better predict the outcome of your claim.

Guru:
I agree with what KTM said.  I also am a proponent of the Limited Scope Representation (LSR) process.  Even if you don't hire an attorney to directly represent you, you can use LSR strictly for advice and assistance with filing your documents. 

Pro se parties are at a disadvantage just walking into the court room, but I firmly believe that if you present a valid case and the judge gets the feeling you know your stuff, you'll do just fine.  I think LSR is a fantastic idea just because it can immediately curb the additional costs involved in vindictive parties.  In your case where Dad has never been in the picture, I can't really see this being an issue, but LSR can sure help you cut out those nickel and dime expenses for responding to emails, and taking phone calls from an opposing attorney.

Being pro se is a daunting task and it's not for everyone.  Being able to talk for several minutes non-stop about how the other party has deprived your child will do wonders and it is exactly what any attorney in this case would do.  If you're up to the challenge, I'm sure you can find the help you need, but it may not be something you want, or have time to tackle. 

ksmom3:
Motioning last 2 years of tax returns is this something I can do on my own or I have to go through my attorney?  Im really starting to research more and more on any spare time I have but still figuring out where to find certain info! I'm told he is getting checks from the guy he is working for out of his personal account and not the business account cause he doesn't want to pay some insurance for having an employee or something. Is it possible to also try and get any records from that guy as well?

Guru:
You can always file a motion on your own for anything you want.  There's nothing you can't get if you know what forms to file and how to properly follow the procedures.  If you want to get copies of check stubs from his employer, all you need to do is subpoena the guy.  Most people follow very close when the get a subpoena because the court can enforce sanctions up to and including jail time and fines if they fail to comply.

Depending on your level of knowledge of procedures, you should probably just send a "motion of business records."  This is a 3rd party subpoena and is sent to your ex's employer.  The difference with a 3rd party subpoena is that you must first give notice to your ex the the court before actually sending the subpoena.  This gives your ex the opportunity to object.  Most of the time, subpoenas to obtain employment and financial records in a divorce case are not quashed (canceled/nullified).  This method gets down to business very quickly and will give you the most information.

Do some research on 60-245 and 60-226.  That will get you started.

KTM:
Keep in mind that human nature may bring an undesired result if you subpoena someone who, as stated, you believe is paying your child's father under the table or by cash to avoid employment regulations and tax consequences to a business. Than it is likely your X will loose that source of income and possible you will not get an answer that you can use to build your case for Child Support. i.e. The money was for personal loans or some reason other than pay for services.

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