Firstly, I'll point out that the spreadsheet provided on this site is not really meant to be a "how to," it's meant to be more of a tool.  So, application of MFA to a particular case is really up to the user.

You are absolutely correct that the Kansas child support guidelines state that a parent can only use MFA if the other parent requests in increase in child support.  So, in theory, you're not supposed to be able to simply file a motion when you have additional children to decrease your child support.  That being said, you can always ask, right?  What can the judge say, "no?"  The judge still has discretion in the case, so if you can prove your expenses have drastically increased because you have other children (which I imagine they definitely have), he may award you the adjustment.  Once the adjustment is active, you should always have it.  So, I can't offer "advice," but let's just say if it were me, you can bet I would be asking for it and I would be ready to spend 20 minutes defending my position too.

I know many members of this forum have used this adjustment and others may have had it denied.  My personal feeling is that the language used to enable MFA is garbage.  If you can establish child support the second you have a child, then you should be able to adjust your child support the second you have additional children (whether biological or adopted, or even foster parenting).  The plain and simple fact is that the money spent on each individual child changes when you have more kids.  Everyone is dipping out of the same pot.  The Kansas child support guidelines advisory committee has established a guideline based on the mere fact that spending on an individual child changes with increased family size.  Yet, the guidelines blatantly contradict this approach by not allowing a parent to use MFA after his/her family becomes larger.

Personally, I think the children of both parents should be used to determine MFA.  The reason for this is, again, reinforcing the mere basis of the guidelines.  Child support in Kansas is based on the assumption of an intact family and decreasing spending with increased family size, period.  So with that thought in mind, the children of both parents should be considered when determining MFA.  But, currently, that 's just now how the guidelines are written.

Well, that's my opinion anyway.  I hope it helps.

So I guess that brings more questions to mind for me.

1.) What judge did you have that you are thinking will not allow the MFA?
2.) Where are you located?
3.) How old are the kids in the case?
4.) What is the custody arrangement?
5.) Who is your attorney and are they good?

Lots of questions, but I'm trying to figure out why child support would be so high.  It should not be 50%of your gross income.  There may be some problems with the calculation.  Also, a new 2012 worksheet will be posted soon, so depending on your custody, things could change slightly there too.

When you file a motion for child support, it is usually heard by a hearing officer who is a rubber stamp.  What you may want to do is file a motion for something else (say, to allow you to purchase the shoes and remove that from child support), and also squeeze in the child support.  You would have this heard by a district judge instead.

I too have to bite my tongue here.  It really bothers me to see these kinds of huge child support awards when both parents make nearly the same and custody is potentially very near 50/50.  If your custody really is 50/50, I need to inform you about the new 2012 method because it will definitely help you - a lot!

I just did the calculations in the new spreadsheet for 2012. I am not sure about the Parenting Time Adjustment. We have joint custody, not shared custody and we live 2 hours from the kids. From what we can tell, this was not factored in for the first calculation at the time of the divorce.

If I put nothing in the Parenting Time adjustment and nothing in the MFA area for our two babies, then the child support comes out very close to what it is now at $1,171 (currently $1248).

I have used Ann Soderberg in the past and just think she was fabulous.

I have NO DOUBT that I could have done a better job than my husband's ditz of a lawyer in Great Bend... Steve Johnson.

The divorce document is so sloppy and leaves SO MUCH unaddressed, too.

We may be hiring the lawyer no matter what happens with child support because the mom is starting to show signs of moving out of state with the kids. As it is, she is making decisions for the kids as if their father didn't exist.. including taking them out of state for spring break.. bought the tickets without talking to my husband... and informed him tonight that he would not get to see them that weekend (his weekend) and that the kids would be out of school the following Monday because she got better tickets that way.... she told him all of that when he called her today to ask why she held the kids out of school today. The answer? "We decided to have a fun 'discover kansas' day and go to the salt mine."  She is doing more and more stuff like this where we only find out about it through the kids' facebook.  She is in complete and total control of every decision at this point.. she runs up huge medical/dental bills without consulting us first etc. It's getting ridiculous and we truly are in a financial downward spiral.

I'm interested to know more about the pro-se/LCM situation. The big question I have, is, can it be considered Pro-se if my husband is not the one doing the talking? If it is me?  My husband has a heart of gold; but, he is not as able to stay focused and articulate the way I am.

Another interesting issue, on the topic of her behavior, when they first separated it was July 2008. When the divorce was written and finalized in December 2008, it was written in that: The Court finds the Petitioner and Respondent shall be granted the joint care, custody and control of the minor children with the Petitioner being granted primary residential custody of the children, subject to parenting time by the Respondent pursuant to the Twentieth Judicial District Guidelines. Provided, however, the Respondent shall not have  (reference to me) stay overnight when the children are with the Respondent and (reference to me) shall not be with the Respondent and children after 10:00 p.m. This restriction shall terminate if and when Respondent remarries.

The main point of that was that my, now, husband was living with me and the mom did not approve. She had found Jesus since the separation and she and the lawyer and the judge decided that the kids should never be in my home overnight because it was immoral and a bad example for the children. So, every two weeks, when the kids came, either they would stay in a hotel or I would stay in a hotel or with friends. It was a pain, but we understood her concern.

Now, the mom has a boyfriend. She and the kids have primarily been staying with the boyfriend. The mom says he's just a friend, but the youngest tells us that she doesn't like when "mom goes in the bedroom with <him> at night and shuts the door... because sometimes I want to ask my mom something but I can't because she's in bed with him."  My husband asked the mom about this and mom said "we are NOT having sex." he told her that it doesn't matter what they are doing in there, it is about perception and they are spending the night together with the door shut.  The youngest actually justified it to me for some reason and said "but it's ok because they are both single." crazy,

So we have that documented but have no way to know for sure how often this happened. I only know that the kids have said it is like they live there all the time and the boyfriend's kids are like their brothers.

So now that non-boyfriend moved to the west coast three weeks ago and the mom flew up there during one of our visitation weekends with the kids to spend the three day weekend with the non-boyfriend. Now she is telling us she is taking the kids up there for TEN DAYS over spring break and our weekend with them.  We can only assume they are going to be staying in his home. We would really like to be able to mandate that she be staying in a hotel for those 10 days; but, we're not sure how to make that point or request.

To us, this is one of the biggest "control" issues so far.  At least that we know of. My husband feels powerless and says he is going to call her and ask where they will be staying up there on this vacation, and says he is going to tell her that it is not ok just as it was not ok when they first divorced... but I know he will put it off and put it off and not make that call because he hates confrontation.

So, I'm trying, very hard, to just let this all go... because, technically it is not my issue to handle. But, in the long run, I'm going to have to hear him when he's upset about her doing the next control thing and her TELLING him she's taking the kids 1500 miles away to live with this guy.

I'm willing to do whatever work we have to do to stop this craziness; but, I feel like my hands are tied if my husband won't do the ground work with the mom and at least be able to say he voiced concerns to her about it all. If we end up in court and he tries to bring it all up and she says "well, he never said anything to ME..." we can't argue about that.

Ugh.

Thanks for listening.

Thanks for taking  so much time to reply.

I totally ROCK at writing legal documents ESPECIALLY if there is a template to guide me.

Where do I find out more about limited case management and how to start that process? I'm wondering if there is anything at all we can do before she leaves town on the 16th? To, at minimum, legally let her know that he is opposed to the kids spending the night in the home of her boyfriend for the same reasons she was concerned just a few years ago?

We recently sent her a certified receipt requested letter to request her income statement and proof of day care paid last year.  She has yet to sign for that letter and I fully expect her to ignore it and let it be returned to us unclaimed.

Thank you again.

I really appreciate your candor. It is very refreshing and causes us some hope.

I'm not sure I mentioned that we did open a case with the Child Support Enforcement service to have everything re-evaluated since it has been 3 years and there have been so many up and down changes. We submitted our paperwork/numbers about a week and a half ago. No clue how long it will be if they have to wait for her to get them her numbers.

I'm going to go read your last reply again and start making a plan for this week....