ksmom3,

I can't say I blame you at all for wanting to establish a modified child support order.  Things have definitely changed over 10 years.  But, whether the extra monthly amount will be worth the legal expense and possible legal hassle is a question you have to ask yourself.  I think most attorneys would probably charge you about $1000 to do it.

I'll tell you what I think I know - if your child support order was established before this other one you mentioned, yours takes preference as far as I am aware.  So his full income would be used to establish the support for your child, then when he files for his second child, the child support (monthly) would be taken out of that in the income section of the guidelines.  It sounds as if you have a copy of his other support order.  If so, you can probably just use that income without any better number to look at.

As far as income for seasonal and periodic payments, the courts sometimes just look at average incomes.  For your hourly job, they would probably  look at your last few paychecks and determine the monthly average.  With your commission checks, they'd probably do the same.  They might look at the last 6 months average and project you normally receive a certain amount/month.  If you sometimes don't get a commission check, you should mention that.  These are treated just like performance bonuses and the courts are really trying to get a piece of that money.

If you try out the calculator provided on this site you will actually find out that your income will make very little difference in the final child support number.  It is based about 95% off of his income.  So, don't get too worried about your income levels.  Worry more about proving his income and learn more about this other child support case.  Since yours was filed first it should work in your favor.

If you need assistance filling out the worksheet, you could PM me your information and I'll send you a filled in sheet so you can see how it works.

With the worksheet figured up on the information I have for him it only increases my support $15/month and switches us on line D2.  On my current orders his portion of unpaid medical bills that he is responsible for is the percentage found on D2 which is 68.9%.  The new worksheet done up as his percentage much lower and mine at 69.1%.  Maybe I'm better off leaving it til he gets a job, if ever.  It's so frusturating!  But, I just did a change of venue so hopefully more will happen in this county.  However, even though he has arrears, he made a payment last month when he had to go to court in the old county, so this county says he has to be behind 30 days before they send him a letter.  Thank you for helping me out with the worksheet.  I need help with enforcement and I am still researching more into this and will be writing letters next. 

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.

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?

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.