Kansas Child Support Forum
General Kansas Child Support Discussions => Kansas Child Support Guidelines => Topic started by: Smom555 on January 27, 2014, 10:04:31 AM
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I have been trying to understand this by reading posts and the info on Kscourts.org, however I still need help. My ex and I have 5 kids, we share equal time, and he pays direct expenses. Medical we split and I pay 23% based on the income difference. Our oldest son's car needed repairs, a new engine in fact, and the cost was $4200.00. My ex says I am supposed to pay half. Is this true? How do I know what is not a "direct expense"? And wouldn't I pay 23% like I do with medical? I have been trying to find a definition of what is a direct expense and what is not, and I can't find it.
I don't know if this info is needed for a proper reply, but his yearly income is 160k plus, mine approx $24k (working a business out of my home that usually does not require me full time/40 hrs a week). He pays me 1500/mo spousal support and 600 mo child support (lower than I have seen anyone with even 2 kids!!).
Appreciate the help before I dig into my pocket for $2100 and set a precedent for the next four kids in paying for cars and repairs or whatever else...
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Driving is a privilege and all associated costs are luxuries.
When it comes to these costs for a dependent child to drive on their own, they are not considered to be "Direct Expenses" under Kansas Child Support laws.
This is an opportunity of your child to learn responsibility and contribute financially to the costs. All else would only be by agreement between the parents.
I suggest that the person who owns the title to the car owns the responsibility to decide what repairs or maintenance is appropriate and whether or not the current value of the vehicle that they own is worth the investment.
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I agree with KTM. There are other forms of transportation available to a child (carpool, school bus, bicycle, etc..) A vehicle is taken as a right just like a cell phone anymore. That is not the case. They are privileges and not considered direct expenses in my opinion. Of course a judge could also make some kind of creative assumption, but a reasonable person would say these are not required for a child to attend school.
Also, you should find another mechanic, but more likely find a new car. Trade that car to a dealer and they will auction it to someone who rebuilds cars. Buy a more reliable car. I never recommend people drop that much money in any car. The second you do, other things will start going wrong and before you know it you've paid for the car twice.
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I don't disagree with you about it being a privilege at all. However the only other form of transport in this case would be us. And with 2 in high school (30 mins away) and 3 in grade school, we need him to be driving. It is necessary for our family. So what I am hearing is that there is no "50-50" rule, it is whatever we negotiate. He tells me he will take the money out of my spousal support if I don't agree. Is that legal?
I would still like to find a definition for "direct expenses". How can I get one??
Thanks so much!!
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It is not "Legal" for your support payments to be reduced without a Court Order. If the support payments are paid through the Kansas Payment Center he will be considered delinquent if the payment is reduced. You might logically think it is legal and proper if you both agree to it. But, in the case of Child Support the Court is obligated to make sure that what you have negotiated with your x is truly in the best interest of your Child(ren). That is why there are laws and guidelines guaranteeing a minimum amount of support be paid by each parent.
Search this site under the term "expenses" and you will find multiple threads with vast information on the subject.