What Are The Three Basic Formulas To Determine Child Support In Kansas?
There are three basic ways to determine child support. The standard way, which is probably done 70 to 80% of the time, is a monthly amount that is given from one party to the other. Once the other party receives the payment they are now in charge of making all direct expenses associated with the children. The important numbers for determining this are the gross domestic income of the parties, health, dental, and vision insurance premiums and work related child care expenses. Another formula for determining child support is a shared expense plan. If you have a case where the parties have 50/50 residential custody of the children, or close to 50/50 residential custody of the children, the Court can approve a shared expense plan. This basically consists of the parties getting together, preferably every 60 days, and calculating what each party spent on their children in that time period. Then the parties take the difference between what they each paid and the party who paid more will get reimbursed half the difference from the party paying less. In a shard expense plan, there will still likely be a monthly child support amount exchanged between the parties to make each parties’ share of the expenses equal, however, in most instances it will be less than the presumed amount if the parties were to go with a traditional child support order.
Keep in mind, the Courts still will require a child support worksheet to be filed, regardless of the parties’ intentions to participate in a share expense plan. A shared expense plan is not going to be approved by a judge unless the parties are able to show that they get along, and only if both parties agree to it. A shared expense plan is unusual and a judge will not impose this plan on the parties. I have been involved in a couple of cases where it has been entered and has been working with the two parties involved, but that is uncommon. The third child support formula is a modification of the first two and applies if the parties share the children 50/50 or close to 50/50. For example, if out of every fourteen nights, the mother has eight nights and the father has six nights, then that is probably close enough to qualify as 50/50 time depending on what is happening during the holidays and summer vacation. This is where you still have monthly payment from one party to other, the party that is receiving it is still in charge of all direct expenses, but because of this new formula the amount being paid is going to be reduced by about 40-50%. In the state of Kansas this has caused parties to seek 50/50 time even when it is not convenient for them or necessarily in the best interests of their children, simply because they know it will result in a reduction in their child support obligation.
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