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#772720 - 11/03/16 08:57 PM Child Support Modification - Kansas
dkk0712 Offline

recently joined

Registered: 11/03/16
Posts: 4
I have filed for a child support modification to increase support.  My ex-husband and I have been divorced since 2012 and my daughter is now 12; so she has moved up to the 12-18 age bracket.  Since we divorced my ex has gotten promotions and now makes approximately $72,000 a year; while I make $29,990 a year.  He does cover her on his insurance which is around $200 a month.  He is now paying $664 a month in child support.  Per the calculations done on the modification software it should go up to $880 a month.

When he found out I had filed he flipped!  He said that her child support should be going down and not up.  He said that it should be cheaper to raise a child her age.  He also said that because daycare is no longer a consideration that child support should go down. However I do not believe that was really built into the original amount of support. He is now to the point that he says that he may hire a lawyer and contest the increase.

I am extremely stressed about this and worried that her child support could go down.  :-(  Please offer your thoughts and advice!  Thank you!!

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#772721 - 11/03/16 09:39 PM Re: Child Support Modification - Kansas [Re: dkk0712]
TJMH Offline

enthusiast

Registered: 07/17/15
Posts: 339
In most states it seems like child support is determined by a pretty much cut-and-dried formula based on incomes that doesn't allow much latitude for argument. You can google up the guidelines for Kansas and a calculator and see what the guideline number would be in your case, and if it's significantly different (on the order of 10% or more) from what you're getting now you've probably got a case to claim a change of circumstances (kid's age change being one, changes in your or your ex's incomes being another) from the original order and get a modification. If you've done the math and arrived at $880, I'd expect that's what the court would order.

If your husband talks to an honest lawyer he'll probably be told how the numbers will come out and be advised that fighting it would be a waste of money. A crappy lawyer might tell him that yes, the guidelines exist and specify what he would normally have to pay, but he can fight it and get it reduced. Which is probably false, but will cost you both a bunch of money, time and angst.

And, if he thinks that teenage girls are cheaper than pre-teens, he's out of his mind... ;-)

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#772722 - 11/03/16 09:47 PM Re: Child Support Modification - Kansas [Re: TJMH]
dkk0712 Offline

recently joined

Registered: 11/03/16
Posts: 4
Thank you for your input TJMH!! I went to the county help center and they assisted me in completing the forms on the appropriate Child Support software... so, according to the calculations the $880 is correct. I'm just thinking he does not want me to get any more of his money is the issue. What he needs to understand is that this money is for his daughter! And agreed... they are expensive!!

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#772723 - 11/03/16 10:33 PM Re: Child Support Modification - Kansas [Re: dkk0712]
TJMH Offline

enthusiast

Registered: 07/17/15
Posts: 339
I'm sure he is resentful, and probably does see the money as going to you and not realizing it's for the kid.

Maybe a good approach would be to remind him that it will all wind up according to the guidelines and tell him you're absolutely certain that if you pressed it you would get $880 from the court, but you'll accept something slightly less if he'll stipulate to it and not make you fight for it (which will also cost him money, and he'll almost definitely lose).

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#772724 - 11/03/16 11:53 PM Re: Child Support Modification - Kansas [Re: TJMH]
dkk0712 Offline

recently joined

Registered: 11/03/16
Posts: 4
What I don't think he realizes is that it is a formula and that I'm not just pulling a number out of the air. Additionally in Kansas there are different age brackets for the child and as the child gets older they are to receive more child support.

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#772725 - 11/04/16 12:15 AM Re: Child Support Modification - Kansas [Re: dkk0712]
MinnesotaMom Offline

old hand

Registered: 01/05/11
Posts: 770
Does any of the following apply?

If children spend between 35 to 39 percent of the time, it is a 5 percent adjustment
If children spend between 40 to 44 percent of the time, it is a 10 percent adjustment
If children spend between 45 to 49 percent of the time, it is a 15 percent adjustment

Does he pay any childcare, does he have any other child support orders, or do you get alimony from him?

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#773801 - 07/07/17 07:29 PM Re: Child Support Modification - Kansas [Re: dkk0712]
QDRO Instructor Offline
journeyman

Registered: 06/17/17
Posts: 77

Also, if your former spouse finds it undesirable to pay child support according to Kansas State guidelines there is always the option to have payments made via a Qualified Domestic Relations Order. The QDRO could be drawn up according to the CS Modification. This way any child support, alimony, arrears, other marital property, even attorneys fees could be collected by tapping into the retirement benefits of former spouse. Regular salaried job's retirement may be subject to a QDRO and self-employed retirement may be subject to IRA custodian division. Retirement funds in the account can be frozen for division. I'm an independent degreed paralegal, notary public and member of the national notary association with experience in family law, real estate law and property division. I prepare divorce documents, QDROs, and division of IRAs. I have 100% acceptance rate with plan administrators. I am not an attorney, and therefore, cannot give legal advice. However, I can prepare the necessary documents along with the tax advantages/disadvantages and then allow you to decide which route you would like to take. If you would like to discuss further you can contact me so that funds can be frozen. Flat fee for all property division document preparation $350. Please see my LinkedIn page www.linkedin.com/in/divorceprep

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#773975 - 10/05/17 09:46 AM Re: Child Support Modification - Kansas [Re: dkk0712]
MinnesotaMom Offline

old hand

Registered: 01/05/11
Posts: 770
'Also, if your former spouse finds it undesirable to pay child support according to Kansas State guidelines there is always the option to have payments made via a Qualified Domestic Relations Order"

Uh, no. Not legally.

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