Author Topic: Child living with 3rd Party  (Read 8650 times)

chicken1234

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Child living with 3rd Party
« on: February 24, 2014, 10:28:37 PM »
UIFSA case. Original order is from Missouri, CS goes until 18 or graduated form HS which ever is later, or 22 if attending college.  The case has been registered in Johnson County KS, and a modification is going to be asked for soon

My 16 year old step daughter lives with her dad and I.  My step son lived with us for 8 years, but moved in with a friend and the friends family shortly after turning 18. 

The current order says mom pays dad CS. (she has never paid a penny support)  Now that the 18 year old lives with friends his mom is sending money directly to son and his friends parents.   Mom claims $ she has sent son and his friends as payment for CS.

How will a modification be handled under KS law?   

How is CS figured in this kind of case?
16 year old child with father 350 days a year, and 18 year old son with a 3rd party

Can or will the court order my husband and or his EX to pay CS directly to his son and or his friends parents? 



Guru

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Re: Child living with 3rd Party
« Reply #1 on: February 25, 2014, 12:59:35 PM »
Since there is an order to support the kids past 18, I'm pretty sure KS would honor that order.  CS would most likely be calculated using 2 child support worksheets, but both of them using the MFA (1 child) to ensure you are using the 2-child tables.  The only thing the MFA changes is which table is used to look up child support.  The 16 year old is pretty straight forward.  Mom and Dad's incomes are used and mom pays dad (no parenting time adjustment used).  For the 3rd party child, see below:
III.B.8.  Residence with a Third Party[/font]If the child is residing with a third par[/font]ty, the court shall order each of the [/font]parties to pay to the third party thei[/font]r respective amounts of child support [/font]as determined by the worksheet. [/font]
For this instance, another worksheet would be used to calculate mom and dad's respective financial responsibilities.  Then each pays their respective amount to the 3rd party.  The income of the 3rd party does not come into the equation.

It could possibly be done on a single worksheet and simply multiply one child's child support responsibility by the income proportion.  It should come out identically using 2 sheets and using 1 MFA child though and allows you to see each child's support separately.

KTM

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Re: Child living with 3rd Party
« Reply #2 on: February 26, 2014, 11:27:16 AM »
I disagree with Guru's assessment of your situation.

It is my understanding that Kansas law does not have jurisdiction over an 18 year or older child in District Family Court and have no power to issue Orders for Child Support for someone over the age of 18. I believe that Child Support for a child over the age of 18 can only be made by agreement between the parties and filed as an agreement/contract which may be enforceable through small claims court. This would generally be an agreement about how to pay for a child's college education bills. In this case the "child" is being paid directly and so is being "supported".

Either the 18 year old or the other parent can file with Missourri courts for collection of funds due under the old Order for the 18 year old if they so choose.

As I read what you have stated it appears you would be filing for a modification of Child Support for the remaining child under the new jurisdiction of Johnson County Kansas. This would be handled under the current Child Support Guidelines.

chicken1234

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Re: Child living with 3rd Party
« Reply #3 on: February 26, 2014, 02:43:01 PM »
KTM ,
Under UIFSA the age emancipation for child support will always fall under the guidelines of the originating state. There for Kansas can modify the amount of the order, but not thedration.

KTM

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Re: Child living with 3rd Party
« Reply #4 on: February 27, 2014, 10:44:18 AM »
Chicken1234,

Missouri statutes do provide for Court Ordered support for a child attending college or vocational school. But, place the burden of proof of eligibility for receiving support on the "child" and provide for the "child" to receive the support directly in total.

So, the question before the Court would be whether or not to apply Missouri law when determining the new motion for modification in the Johnson County Kansas Court. A Court will honor a prior Order from another state. But, will a Kansas Court issue a new Order using another states statutes? That does not sound probable.

The modification is for the younger child who would currently fall under Kansas laws for a modified Order. The old Order for the younger child would be superseded by the new Order under Kansas statutes and guidelines. The old Order would go away with respect for the younger child. The old Order would be enforceable in Kansas Court for the older child under the Missouri statutes below and would only be modifiable in a Missouri court. Assuming the older child does not reside in, is not a resident of Kansas, is not claimed on tax returns as a deduction by a Kansas resident or is self supporting.

http://www.moga.mo.gov/statutes/C400-499/4520000340.HTM

Missouri Revised Statutes

Chapter 452
Dissolution of Marriage, Divorce, Alimony and Separate Maintenance
Section 452.340
August 28, 2013

"Child support, how allocated--factors to be considered--abatement or termination of support, when--support after age eighteen, when--public policy of state--payments may be made directly to child, when--child support guidelines, rebuttable presumption, use of guidelines, when--retroactivity--obligation terminated, how."

5.
If when a child reaches age eighteen, the child is enrolled in and attending a secondary school program of instruction, the parental support obligation shall continue, if the child continues to attend and progresses toward completion of said program, until the child completes such program or reaches age twenty-one, whichever first occurs.

If the child is enrolled in an institution of vocational or higher education not later than October first following graduation from a secondary school or completion of a graduation equivalence degree program and so long as the child enrolls for and completes at least twelve hours of credit each semester, not including the summer semester, at an institution of vocational or higher education and achieves grades sufficient to reenroll at such institution, the parental support obligation shall continue until the child completes his or her education, or until the child reaches the age of twenty-one, whichever first occurs.

To remain eligible for such continued parental support, at the beginning of each semester the child shall submit to each parent a transcript or similar official document provided by the institution of vocational or higher education which includes the courses the child is enrolled in and has completed for each term, the grades and credits received for each such course, and an official document from the institution listing the courses which the child is enrolled in for the upcoming term and the number of credits for each such course.

When enrolled in at least twelve credit hours, if the child receives failing grades in half or more of his or her courseload in any one semester, payment of child support may be terminated and shall not be eligible for reinstatement. Upon request for notification of the child's grades by the noncustodial parent, the child shall produce the required documents to the noncustodial parent within thirty days of receipt of grades from the education institution.

If the child fails to produce the required documents, payment of child support may terminate without the accrual of any child support arrearage and shall not be eligible for reinstatement.

If the circumstances of the child manifestly dictate, the court may waive the October first deadline for enrollment required by this subsection.

If the child is enrolled in such an institution, the child or parent obligated to pay support may petition the court to amend the order to direct the obligated parent to make the payments directly to the child. As used in this section, an "institution of vocational education" means any postsecondary training or schooling for which the student is assessed a fee and attends classes regularly. "Higher education" means any community college, college, or university at which the child attends classes regularly.

A child who has been diagnosed with a developmental disability, as defined in section 630.005, or whose physical disability or diagnosed health problem limits the child's ability to carry the number of credit hours prescribed in this subsection, shall remain eligible for child support so long as such child is enrolled in and attending an institution of vocational or higher education, and the child continues to meet the other requirements of this subsection.

A child who is employed at least fifteen hours per week during the semester may take as few as nine credit hours per semester and remain eligible for child support so long as all other requirements of this subsection are complied with.


chicken1234

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Re: Child living with 3rd Party
« Reply #5 on: February 27, 2014, 02:53:03 PM »
23-9,611: Modification of child support order of another state. (a) After a child support order issued in another state has been registered in this state, the responding tribunal of this state may modify that order only if K.S.A. 23-9,613 and amendments thereto does not apply and after notice and hearing it finds that:
      (1)   The following requirements are met:

      (A)   The child, the individual obligee and the obligor do not reside in the issuing state;

      (B)   a petitioner who is a nonresident of this state seeks modification; and

      (C)   the respondent is subject to the personal jurisdiction of the tribunal of this state; or

      (2)   the child, or a party who is an individual, is subject to the personal jurisdiction of the tribunal of this state and all of the parties who are individuals have filed written consents in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction over the order. However, if the issuing state is a foreign jurisdiction that has not enacted a law or established procedures substantially similar to the procedures under this act, the consent otherwise required of an individual residing in this state is not required for the tribunal of this state to assume jurisdiction to modify the child support order.

      (b)   Modification of a registered child support order is subject to the same requirements, procedures and defenses that apply to the modification of an order issued by a tribunal of this state and the order may be enforced and satisfied in the same manner.

      (c)   A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state. If two or more tribunals have issued child support orders for the same obligor and child, the order that controls and must be so recognized under K.S.A. 23-9,207 and amendments thereto establishes the aspects of the support order which are nonmodifiable.

      (d)   On issuance of an order modifying a child support order issued in another state, a tribunal of this state becomes the tribunal of continuing, exclusive jurisdiction.

      History:   L. 1994, ch. 301, § 76; L. 1997, ch. 182, § 56; July 3.


In a UIFSA case the emancipation for Child Support purposes is one of the items that is not able to be modified.  The reason is to prevent forum shopping. 


KTM

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Re: Child living with 3rd Party
« Reply #6 on: February 27, 2014, 05:56:01 PM »
Chicken1234,

Your statements are consistent with what I have posted.

It is implied but you have not stated that both parents are not residents of the state of Kansas for the older child whom is not residing in Kansas and as such the statute below does not apply and the Order for the older child would not be modifiable in a Kansas Court.

Chapter 23: Domestic Relations
Part 1.--GENERAL PROVISIONS
Article 9: Uniform Interstate Family Support Act
Statute 23-9,613: Jurisdiction to modify child support order of another state when individual parties reside in this state. (a) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.
      (b)   A tribunal of this state exercising jurisdiction under this section shall apply the provisions of K.S.A. 23-4,106, 23-4,107, 23-9,101, 23-9,102, 23-9,103, 23-9,201 through 23-9,209, 23-9,601 through 23-9,611 and amendments thereto, and the procedural and substantive law of this state to the proceeding for enforcement or modification. K.S.A. 23-9,301 et seq., 23-9,401, 23-9,501, 23-9,502, 23-9,701 and 23-9,801, 23-9,802 and amendments thereto do not apply.

Should by any means the "18 year old" agree to give the Kansas Court jurisdiction over this matter per Statute 23-9,201: Basis for jurisdiction over nonresident. "In a proceeding to establish, enforce or modify a support order or to determine parentage, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:(b)   the individual submits to the jurisdiction of this state by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;" Than Kansas, not Missouri law is used for determination of any judgment as the following statutes will apply:

23-9,202: Same; procedure when exercising jurisdiction over nonresident. A tribunal of this state exercising personal jurisdiction over a nonresident under K.S.A. 23-9,201 and amendments thereto may apply K.S.A. 23-9,316 and amendments thereto (special rules of evidence and procedure) to receive evidence from another state, and K.S.A. 23-9,318 and amendments thereto (assistance with discovery) to obtain discovery through a tribunal of another state. In all other respects, K.S.A. 23-9,103, 23-9,201 through 23-9,209, 23-9,301 through 23-9,319, 23-9,401, 23-9,501, 23-9,502, 23-9,601 through 23-9,612 and 23-9,701 and amendments thereto do not apply and the tribunal shall apply the procedural and substantive law of this state, including the rules on choice of law other than those established by this act.

chicken1234

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Re: Child living with 3rd Party
« Reply #7 on: February 27, 2014, 08:28:16 PM »
My post regarding where everybody lives must not have posted >:(

Both kids have the same parents.  Mom lives is KS, Dad and both kids live in CO.  The state where divorce and CS originated is MO.

That is why I said KS emancipation age for CS doesn't apply