In re Nusz (Kansas 2022)

No. 123, 788 (Kan. Ct. App. 2022)
February 2022

Evidence must support the determination of a parent’s income. In this divorce action, the mother appealed the child support portion of the divorce decree, arguing no evidence in the record supported the income determinations. The appellate court affirmed, finding no abuse of the district court’s wide discretion in setting income for child support. The district court based its calculation of the mother’s income on her own, unamended documents: an agreed pretrial order, her domestic relations affidavit, and her proposed child support worksheets. She testified to a lower amount of income, but never amended her documents. The district court properly subtracted depreciation from the father’s gross income. The father was a self-employed outfitter. While the call was close, evidence showed the depreciation was a reasonable business expense. Further, the mother didn’t point to a specific error. The district also properly excluded agricultural assistance payments form his income. Even with the payments, the father’s farming operation operated at a loss.