Hello, my name is Brian Mull. I'm a KS child support advisory committee member. I created a tool for parents such as yourself to use in just these situations. You can't be sure your attorney is getting it right until you run the calculations yourself. There's no way to know until you enter the incomes and the children's information. The guidelines can be complicated and your case is a "divided residency" case which is one of the more challenging. If you create a case and worksheet at
eFamilyTools.com, I can help walk you through it - just email me using the contact info on the website.
MFA - for divided residency situations, a worksheet is to be created for each residency situation. You would have one showing residency of your daughter, then another showing the shared residency case. The net payment between the two worksheets is the amount that needs to be paid. The MFA can be used by the paying parent for a residential/nonresidential case, so yes she would be able to use this. For the shared residency case, she would most likely also use the MFA. Seeing as she is the mother in this case, she will probably get the benefit of the doubt.
Imputed Income - you may not be able to impute her income if she is a student. However, as you mention, you should definitely request proof of enrollment in school. If you don't have an attorney, you should ask the judge to order that she provide that to you within 10 days. If she's not enrolled, you would motion to reconsider.
Overtime - overtime might be included if regularly received. However, if he didn't work overtime when married, but now works more overtime to make ends meet, you can make that argument to not include it. In this case, you should prepare child support worksheets showing child support both ways. Check out section IV.E.6 of the guidelines. If the additional income was relied upon prior to the dissolution, it would be included, but if it was earned after dissolution, the court shall keep the best interest of the child in mind.
How much time do you have and who is your attorney?