Author Topic: Shared Custody Provisions  (Read 7010 times)

Guru

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Shared Custody Provisions
« on: May 25, 2010, 01:00:38 AM »
In 2008, the Kansas child support committee changed the guidelines which determine how much child support is paid by parents exercising a shared parenting plan.  By nature, shared parenting is just that, "shared."  This means that both parents share time and expense of their child(ren) nearly equally.  Previous to 2008 it would be determined how much each parent would be required to pay the other child support based solely on their gross income.  Then the difference between the two would be divided by two.  This number would be enforced on the parent making more (gross) than the other parent regardless of who pays for what, and how much time the child spends with either parent.  However, shared custody treatment can only be requested if the parenting time is nearly equal.

In 2008 a change came about, which rewrites the previous plan completely.  It says that child support will be paid at the normal amount (if you didn't have visitation at all), minus a 20% discount.  This 20% discount is supposed to account for the fact that both parents have equal parenting time.  I've yet to see the point in this provision or how it solved anything.  Can someone help me out here?
« Last Edit: July 22, 2010, 11:04:21 PM by Guru »

bob

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Re: Shared Custody Provisions
« Reply #1 on: July 22, 2010, 11:01:49 PM »
Okay so what where did the 20% come from?  What was wrong with the way it was?  I think the new system is BS!!

Guru

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Re: Shared Custody Provisions
« Reply #2 on: July 22, 2010, 11:06:31 PM »
The 20%, based on comments from the committee, was purely arbitrary, and was the "next logical step" in the adjustments for parenting time.  Personally, I think there is no basis for the parenting time adjustment at all.  I agree with you that the new system is flawed.  I would urge you to contact the committee sometime before the end of August 2010 to voice your concern.  At that point it may be too late.

Dadrites

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Re: Shared Custody Provisions
« Reply #3 on: April 15, 2011, 11:33:19 AM »
Hey folks!  I am new to the forum and share the same frustration that you do.  I think, we are going to need to try to gather more support from non-custodial parents and attack this issue in whatever means necessary.  Would it be an option tosue the committee for doing such a bs job on the guideliness that clearly does not make sense?  Let's get other parents involved and media if necessary.  Guru had put together some great examples to prove the issue.  This unfairness can not continue the way it is.  Our kids deserve better!

Guru

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Re: Shared Custody Provisions
« Reply #4 on: April 16, 2011, 09:57:05 AM »
I'm not sure if we could actually "sue" the committee, but the committee is required to present their recommendations to the supreme court and the supreme court must accept the changes.  I'm not sure, but I would guess there would be some form of hearing with the supreme court.  If this was well attended by some parents, I think the supreme court may realize we want to see some change!  The committee is also required to conduct public hearings to present the changes.  (This year it is proposed to do this via facebook or youtube and use surveymonkey to compile results)  How they will get information out to everyone is still a mystery to me.  No one really knows a committee even exists or how to contact them directly.  I think that needs to change.

I'm with you, though, we all need to do what it takes to ensure the guidelines are fair for both parents every time.  All of the parenting time adjustments are complete BS.

LenexaDad

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Re: Shared Custody Provisions
« Reply #5 on: August 16, 2011, 01:33:09 PM »
The problem is the Mom's refuse to do shared expense so they end up with the 80% in the 80/20 rule.  And from this the profit handsomely.  They have very little direct expense, but get all the money.

Let me ask you this question:
If a Dad gets 50% of the time, shouldn't he get 50% of the money and 50% of the expense too?? Please, please, please.  I want half the expense!  :) :D ;D




Guru

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Re: Shared Custody Provisions
« Reply #6 on: August 23, 2011, 07:01:36 PM »
You're exactly right! In fact attorneys, judges and everyone else took notice of this fact as well. That is why its going to change. While the newly proposed change is a step in the right direction, it still has problems.  For instance, the guidelines committee is still going to mandate that one parent purchase all clothing and then divide it "equally" and provide to the other parent's home.  We all know that simply won't happen. I think the committe is now seeing that the amount that is really required to go to the parent is so much lower than the current number that they will feel like complete idiots if they make it too low. At a meeting, one of the committee members (pretty sure it was Prof. Linda Elrod) stated that they should not change "too much" because they'd all have to explain themselves too much to other attorneys and judges. I say "that's your damn problem!" The committee did almost no homework at all before deciding on the current 80/20 that has screwed so many of us for the last 4 effing years!!!