Author Topic: Couple of questions  (Read 7663 times)

kansasmom

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Couple of questions
« on: January 18, 2014, 11:56:13 PM »
So my husband was divorced from his first wife 9 years ago.  He has been paying an insane amount of child support.  A lot of things have changed in the last couple of years including his daughter not having to be in child care anymore.  They also have 50/50 with her and we pay for her clothes at our house.  We also pay for her dental.  Anyway, in order to get the shared everything support does he have to take her back to court or is there an easier way to do it??  Thanks so much.

KTM

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Re: Couple of questions
« Reply #1 on: January 19, 2014, 02:27:51 PM »
A Kansas Court must issue a new Order.

kansasmom

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Re: Couple of questions
« Reply #2 on: January 19, 2014, 03:03:56 PM »
Do we need to hire an attorney to have a new order issued??  Where do we start??  I did read that you can get it reevaluated if the laws have changed, and they have changed in this instance.  Thanks.

Guru

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Re: Couple of questions
« Reply #3 on: January 19, 2014, 08:46:40 PM »
The guidelines which went into effect in 2012 apply prospectively only.  What that means is that you cannot file a motion to modify support simply because the guidelines changed.  Something else needs to have changed in your case usually.  Even something as simple as the child getting older and being in the next age bracket is sufficient.  If childcare has changed and that would create a 10% change in the amount of child support paid (very likely), you probably have grounds to file a motion to decrease child support.  You can either file a pro se (self represented) motion to modify support, or you can hire an attorney.  There are definitely advantages and disadvantages to both.  I've done many things myself (pro se) but I've had a few things filed by attorneys.  In my experience, having an attorney didn't help my case at all.  But if you're not ready and willing to learn all the court procedures, you might not get a fair shake from the judge.

There are plenty of templates for motions at: http://www.kansasjudicialcouncil.org/Forms/PostJudgmentChild.shtml.  You can either calculate child support by hand using the guidelines or you can use our free calculator tool: http://kschildsupportforum.com/kansas-child-support-calculators-and-forms/kansas-2012-child-support-calculator-free!/


kansasmom

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Re: Couple of questions
« Reply #4 on: January 27, 2014, 10:50:09 AM »
Thank you so much for the information!!  The age bracket has definitely changed.  So, since there has been a change and if we go forward with this, will the judge take the new laws into account, being we have 50/50 and pay half of everything, to change how it is all set up??  I guess we just want to make sure the new laws will come into effect in this so we dont waste a bunch more money, if that all makes sense.  Thanks again for all of your help!!!

KTM

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Re: Couple of questions
« Reply #5 on: January 27, 2014, 01:01:30 PM »
Any time a New Order is created it will be given under the current rules/laws.

Guru

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Re: Couple of questions
« Reply #6 on: January 27, 2014, 01:12:52 PM »
The new guidelines will be in effect when this goes to court.  You'd be wise to calculate support yourself and make sure you know what you may gain or lose in court.