Exception to Change of Circumstances Child Support Modification Rule in Kansas Child Support Guidelines

K.S.A. (Kansas Statutes, Law)
Chapter 38 Minors
Article 22 Revised Kansas Code for care of Children

Statute 38-2279 : Withholding Order for Child Support; filing service.

(f)   A child support order registered pursuant to this section shall have the same force and effect as an original child support order entered under chapter 60 of the Kansas Statutes Annotated, and amendments thereto, including, but not limited to:

(5)   the court shall have continuing jurisdiction over the child support action and the parties thereto and subject matter and, except as otherwise provided in subsection (g), may modify any prior support order when a material change in circumstances is shown irrespective of the present domicile of the child or parents. The court may make a modification of child support retroactive to a date at least one month after the date that the motion to modify was filed with the court.

      (g)   If a motion to modify the child support order is filed within three months after the date of registration pursuant to this section, if no motion to modify the order has previously been heard and if the moving party shows that the support order was based upon one or more of the presumptions provided in K.S.A. 2009 Supp. 38-2277, and amendments thereto, or upon a stipulation pursuant to subsection (c) of K.S.A. 2009 Supp. 38-2277, and amendments thereto, the court shall apply the Kansas child support guidelines adopted pursuant to K.S.A. 20-165, and amendments thereto, without requiring a showing that a material change of circumstances has occurred, without regard to any previous presumption or stipulation used to determine the amount of the child support order and irrespective of the present domicile of the child or parents. Nothing in this subsection shall prevent or limit enforcement of the support order during the three months after the date of registration.