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51
General Discussions / When child turns 18?
« Last post by ksmom3 on September 25, 2017, 08:04:33 PM »
My husband received a letter of terminating IWO because child turned 18. BUT, he's still in school, so we tried looking this up and it says parent would receive a cartification of school attendance form to fill out. If this isn't filled out what happens? What if it gets filled out a month or 2 later, after turning 18?
52
Kansas Child Support Guidelines / Overall Financial Condition
« Last post by Bocefus on September 14, 2017, 04:59:44 PM »
Hello all - I'm looking for some clarification as I'm planning for my November trial and hoping you can share some insight on a few things, including Overall Financial Condition. I'll try to summarize with some bullet points on the history of this case and then ask what leverage I have in using my financial condition to decrease my child support obligation.

- In 2013, Child support and Spousal support was set at nearly $3300/month using adjusted income figures that both parents agreed to.
- In 2017 I make just over 70% of our combined income and Parent B is requesting an increase of child support from $1862/month to $4000/month (rounding)
- The strain from paying an extraordinary amount of support for 4 years has put me in a very difficult financial situation. My current expenses, minus the $4000/month, put me -$2500/month in the hole every single month. Expenses do not include anything unusual. I have an old vehicle that's paid for, back taxes from the past 3 years, student loans, medical bills, and credit card payments. It all adds up.
- We have joint custody, I provide a home for all of my children, and the kids go to school in my school district, as it is a better performing district than then where Parent B lives.
- I was unemployed in 2017 for 5 months and still owe arrears on spousal support.
- My current employer is requiring that I travel extensively for the first 6 months to a year, only allowing me to have the kids 5 nights out of every 14 days (35% parenting time)
- Spousal support ended in August, but there are still arrears that are currently being put on hold until our trial.

That's the short of it, and I'm leaving out some details, I'm sure. I make a good 6-figure salary and still end up -$2500/month after I pay out $4000/month in support payments. I'll get about two months of reprieve from that since the judge ordered to suspend the arrears until trial, but I need to fight with every ounce of my being to stave off such an extraordinary amount of child support (for Parent B who holds a masters in business management but refuses to use it in their current career choice). I need to pay off taxes, credit, and be able to pay student loans, save for retirement, save for emergency, and be able to buy a vehicle when my current one can't go no more.

How can I use the Overall Financial Condition option to get some relief? Any thoughts or advice?

Thank you!
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General Discussions / Re: Paying too much? Please help!
« Last post by Guru on September 05, 2017, 12:12:57 PM »
The guidelines are reviewed and revised every 4 years at minimum.  Usually the state committee only reviews them the absolute minimum amount though.  The next review won't start until May 2018 which will drive the changes to the 2020 guidelines.


I think plenty of people are in agreement the guidelines need changed, but getting folks to engage the committee and stand their ground is something only few people have attempted.  If the committee admits the guidelines need changed, they are admitting what they've been doing isn't correct or isn't working.  They believe the guidelines are near perfect.
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General Discussions / Re: Paying too much? Please help!
« Last post by LonnyRod on September 04, 2017, 02:26:16 AM »
In KS, mothers are not faulted for failing to gain employment commensurate with their level of education.  There also is no issue with a mother quitting work, marrying someone to pay her bills, and still getting a sizable child support check.  This is just a problem with the guidelines.

It sounds like the guidelines need revising.
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General Discussions / Re: Tax return
« Last post by AletaCushman on August 29, 2017, 02:53:02 AM »
I just read your post. I hope that I am not too late in providing you an opinion. Yes, She cannot refuse it. As JewellWiggins said, you need to contact a professional lawyer. The lawyer will sort out this issue in the best way. I recently found about the lawyer Bechara Tarabay from Facebook. You can also check for it this lawyer or you can find a lawyer you are familiar with.
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Kansas Legislation Topics / Re: 2017 Kansas House Bill 2068
« Last post by AletaCushman on August 29, 2017, 02:47:45 AM »
BMull, thanks for letting us know this.
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Link Between Parenting Time and Child Support / Re: Going to court soon and nervous
« Last post by Guru on August 19, 2017, 04:42:28 PM »
If the parents agree to terms, traditionally that would be ordered by the court.  So, if you agree no child support would be paid and no alimony would be paid, the court would approve that because the parents are the best people to know what's in the childrens' best interest.  However, in recent times, some judges refuse to sign such an order because legislation has been passed that the court must follow the child support guidelines.


So, what attorneys have done in the past is write in an amount on the "overall financial condition" line that offsets 100% of the ordered child support.  Basically is allows the judge to still use the guidelines, but at the same time consider the financial conditions of both parties and make a $0 child support order.


I would highly suggest you contact Brian Mull with the Kansas Child Support Guidelines Advisory Committee to learn more about how this might work.  You should also start doing your own research on appellate cases (kscourts.org) to see how such cases are handled in appeals.  This is important to you because when you go to court and tell the judge the appelate court has already ruled this way, he knows exactly how he needs to order.
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Link Between Parenting Time and Child Support / Re: 50/50 Primary Residential Custodian
« Last post by Guru on August 19, 2017, 04:35:30 PM »
Logical position.  Something obviously needs to change.
59
well courts are conflicting...courts cant say they have the child best interest yet throw a father in jail for non payment. Obviously keeping a relationship with the kids is more important than money but yet the court system does the opposite. I can see if it is a father who does not want to see the kids and doesn't pay, but for me making 9.33 an hr at 40 hrs. That just pays my bills. Adding the child support takes another 40 hrs from my time with kids out of the little time I get them. I will need to work another job or live out of my car. Then of course I cant see my kids because I don't have a place. Kansas courts don't care about children, full of crap.
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Link Between Parenting Time and Child Support / Going to court soon and nervous
« Last post by chewie19741 on August 10, 2017, 11:50:40 PM »
My soon to be ex and I are nervous about the courts ruining our lives. My ex and I have 3 kids ages 11,10 and 4. We both work already fulltime and both go to school fulltime online. We have agreed on joint residential custody and even though she is making more than me I did not request any alimony. She is not requesting child support but we heard that the court will force that anyway on me. I only make 9.33 hr and just enough to pay my bills basically. Adding child support would mean I have three options. 1.Stop seeing my kids and pay it since working another 40 hrs would cut into my 12 days I get them each month. 2. I could pay it and just live out of my car instead of rent but then I cant provide a place for kids to stay. 3. I could just go to jail I guess.

Then my ex gets screwed because she needs me to watch kids while she is in nursing school. The judge I hope will understand both our college is important to our kids futures and not mess up our schedules by forcing child support.
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