Author Topic: Upon Reaching Age of majority, Multiple Children  (Read 4613 times)

bcme

  • Silver Member
  • **
  • Posts: 6
Upon Reaching Age of majority, Multiple Children
« on: July 10, 2013, 04:25:17 PM »
The Child Support Guidelines are noticably quite about the proper way to calcaulate child support once one child reaches the age of majority in a family that has multiple children.  As a result courts have broad interpretations resulting in wide variations in Child Support Obligations.

Example:  A couple now divorced with a support order in place and all amounts current.  The oldest child reaches 18 and graduates high school becoming emancipated. Does the court continue to use the table for a couple with three children or switch to the table for two children?

If the table for three children is used the result is similar to the method employed by the Kansa Payment Center and the child support is reduced by 33%.

If the court now switches to the two child table child support is reduced by only 10%.

Clarity of this issue and an example or two should be added to the guidelines.

KTM

  • Expert Member
  • *****
  • Posts: 215
Re: Upon Reaching Age of majority, Multiple Children
« Reply #1 on: August 03, 2013, 07:46:21 PM »
Child Support is calculated based upon the number of children currently in your care under the age of 18 who are not emancipated.

mtj

  • Newbie
  • *
  • Posts: 3
Re: Upon Reaching Age of majority, Multiple Children
« Reply #2 on: August 14, 2014, 02:45:39 PM »
KTM,  what you are missing is that UNLESS a party returns to court ($$$$) for a modification, the guidelines are not actually being followed if there are multiple children and one child ages out.  Apparently the Kansas Payment Center just proportionally reduces the order of support  when one child ages out. 
This practice is in violation of KS case law but no one seems to mind.

If parties do not wish to return to court, I don't see why the "old" numbers from the child support worksheet can't be just used with the correct # children table.  By the time a parent returns to court for a modification, the difference in child support is usually a wash.  This leaves Dads with a superior position - they aren't going to return to court to get a worse deal.  Many states leave child support the same and require the dads to go to court to get a new order using the new table.  This would be preferable to the present situation in Kansas.

Seems like KS has gone to a lot of trouble to formulate the tables for support.  It is a shame the are only utilized with an original order of support.

KTM

  • Expert Member
  • *****
  • Posts: 215
Re: Upon Reaching Age of majority, Multiple Children
« Reply #3 on: August 15, 2014, 09:31:59 PM »
mtj,

I am not missing anything.

Any new conclusions/Orders from the Court would require new data from the parties and a change in the Guidelines is not enough to qualify the Court to re evaluate a Child Support Order for Modification. There MUST be a qualifying factor which then would allow for a new hearing of ALL of the evidence in relation to current circumstances.