Madrigal v. Madrigal (Kansas 2020)

No. 123,930 (Kan. Ct. App. 2020)
August 2020

The decision to apply the extended income formula is discretionary. A district court entered an order increasing the father’s child support obligation and ordering sanctions against him for failing to disclose a material increase in his income. The district court applied the extended income formula to determine support. The father appealed arguing the order lacked findings to support the application of the extended formula and that the sanctions should be reduced to reflect the earliest time he could have known about the income increase. The appellate court affirmed the support order. It found the decision to apply the extended formula is discretionary and that the support amount is not presumptive so findings are not necessary. In this case, the appellate court found the record supported an application of the extended formula. The parents combined incomes were clearly above the guidelines, the mother’s income was substantially less, and the children enjoyed a higher standard of living at the father’s house. The appellate court upheld an award of sanctions. The father reasonably knew his income was going to increase.