September 2014 | 188 P.3d 32, 39 Kan.App.2d 1076 (Kan.App. 2008)

In re Marriage of Ormiston (Kansas 2008)

The term income as it is used within the Kansas Child Support Guidelines (Guidelines) has been broadly interpreted by Kansas appellate courts to mean every conceivable form of income, whether it be in the form of earnings, royalties, bonuses, dividends, interest, maintenance, or rent.

In re Marriage of Brand, 273 Kan. 346, 358, 44 P.3d 321 (2002), which concerned whether retained earnings and distributions made from a Subchapter S corporation are included within the gross income of the recipient for purposes of calculating child support, is distinguished on its facts. The Guidelines do not exclude income that is not regularly and periodically received from the calculation of gross income. Rather, the Guidelines explicitly include income which is regularly and periodically received. When payments are made to an employee pursuant to a collective bargaining agreement, the district court should consider whether the payments made were in some manner related to the work performed by the employee or to the employee’s past or current wages. If so, the payments may be included within the employee’s gross income for purposes of calculating child support.

In re Marriage of Ormiston.pdf

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