In re Marriage of Kasper (Kansas 2001)
In situations where parents have divided custody of two children, a child support worksheet must be completed for each child.
Read MoreIn re Marriage of Burton (Kansas 2001)
The Kansas Child Support Guidelines are the basis for establishing and reviewing child support orders in Kansas.
Read MoreIn re Marriage of Burton (Kansas 2001)
A trial court must follow the support guidelines, and a deviation from the guidelines without a stated reason is reversible error.
Read MoreIn re Marriage of Burton (Kansas 2001)
The doctrine of laches is applicable in child support cases.
Read MoreSkillett v. Sierra (Kansas 2002)
The Kansas Child Support Guidelines are applicable to paternity actions that involve providing for the needs of a child.
Read MoreSkillett v. Sierra (Kansas 2002)
In entering an order of child support in a paternity action, the trial court may award an additional judgment to reimburse the expenses of support and education of the child from the date of birth to the date the order was entered.
Read MoreIn re Marriage of Myers (Kansas 2002)
When both parties to a divorce and the subject child or children have moved out of Kansas, Kansas loses continuing, exclusive jurisdiction to modify a child support order.
Read MoreIn re Marriage of Myers (Kansas 2002)
When both parties to a divorce and the subject child or children have moved out of Kansas, Kansas loses continuing, exclusive jurisdiction to modify a child support order.
Read MoreIn re Marriage of Brand (Kansas 2002)
There are many factors to consider when determining what amount of a Subchapter S corporation’s income should be included as income of its shareholders for purposes of calculating child support. In those cases where income can be manipulated because of the ability to control distributions, heightened scrutiny should be exercised.
Read MoreBarnett v. Cusimano (Kansas 2002)
There is no authority within the guidelines to increase the non-custodial parent’s child support obligation through an upward adjustment under the supplemental visitation category based solely upon the non-custodial parent’s failure to exercise visitation or spend quality time with a minor child.
Read MoreIn re Marriage of Metz (Kansas 2003)
Whether the district court has the authority under Uniform Interstate Family Support Act to modify its child support order involves whether it has subject matter jurisdiction, which is a question of law over which an appellate court has unlimited review.
Read MoreIn re Marriage of Metz (Kansas 2003)
Whether the district court has the authority under Uniform Interstate Family Support Act to modify its child support order involves whether it has subject matter jurisdiction, which is a question of law over which an appellate court has unlimited review.
Read MoreIn re Parentage of Shade ex rel. Shade (Kansas 2006)
The stated purpose of the Kansas Parentage Act is to ensure that the legal obligations, rights, privileges, duties, and obligations incident to the father and child relationship are carried out.
Read MoreIn re Parentage of Shade ex rel. Shade (Kansas 2006)
The presumption that a man is the father of a child if he notoriously or in writing recognizes paternity of the child must be rebutted by clear and convincing evidence or by a court decree establishing paternity of the child by another man.
Read MoreIn re Parentage of Shade ex rel. Shade (Kansas 2006)
Defendants in paternity support actions may not invoke the defense of laches as a bar to the enforcement of moral and legal obligations to their minor children.
Read MoreIn re Marriage of Leoni (Kansas 2007)
Any deviation from the amount of child support determined by the use of the guidelines must be justified by written findings in the journal entry, and failure to make such written findings is reversible error.
Read MoreIn re Marriage of Leoni (Kansas 2007)
Factors a district court should consider when deciding what amount, if any, of a subchapter S corporation’s income should be included when calculating child support include the past earnings history of the corporation, ownership share, and the shareholder’s ability to control the distribution or retention of net profits in the business.
Read MoreIn re Marriage of Leoni (Kansas 2007)
When the combined income of the parties is in excess of the maximum contained in the Kansas Child Support Guidelines schedule, the “extended-income formula” may be utilized in calculating child support.
Read MoreIn re KMH (Kansas 2007)
A man may be deemed a sperm donor if he provides sperm directly to a female for insemination in a doctor’s office. The man does not have to provide his sperm directly to a physician performing an artificial insemination to be deemed a sperm donor.
Read MoreIn re Marriage of Branch (Kansas 2007)
For purposes of computing child support, domestic gross income includes every conceivable form of income, excluding public assistance and child support received for other children of the parents.
Read MoreIn re Marriage of Branch (Kansas 2007)
The Kansas Child Support Guidelines do not address treatment of a lump sum employment severance payment in determining the amount of a parent’s child support obligation.
Read MoreIn re Marriage of Branch (Kansas 2007)
A lump sum severance payment is considered income for the purposes of child support calculations.
Read MoreIn re Marriage of Vandervoort (Kansas 2008)
When courts make deviations from the recommended amounts in the Kansas Child Support Guidelines, courts must show that such deviations serve the best interests of the children.
Read MoreIn re Marriage of Vandervoort (Kansas 2008)
The Child Support Guidelines are the basis for establishing and reviewing child support orders in Kansas, including cases settled by agreement of the parties.
Read MoreIn re Marriage of Vandervoort (Kansas 2008)
A child reaching 18 years of age is one of the three events in Kansas which automatically terminates child support.
Read MoreIn 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.
Read MoreState ex rel. Secretary, SRS v. Moses (Kansas 2008)
The presumptive child support obligation of a non-custodial parent whose income is solely derived from public assistance would be $0 under the child support guidelines.
Read MoreIn re Marriage of Winsky (Kansas 2009)
When a child reaches 18 years of age and is no longer in high school, a parent’s obligation for support of any remaining minor children should be recalculated under the Kansas Child Support Guidelines.
Read MoreIn re Marriage of Winsky (Kansas 2009)
When a child reaches 18 years of age and is no longer in high school, the obligation of a parent to pay support for that child automatically ceases.
Read MoreDia v. Oakley (Kansas 2009)
The Uniform Interstate Family Support Act, known as UIFSA, allows support orders entered in other states and some foreign countries to be registered and enforced in Kansas.
Read MoreState ex rel. SRS v. Cleland (Kansas 2009)
A child support judgment that was not void as of July 1, 2007, shall not become dormant, except that the judgment shall cease to operate as a lien on the real estate of the judgment debtor as of the date the judgment would have become dormant.
Read MoreState ex rel. SRS v. Cleland (Kansas 2009)
A trial court’s application or denial of the doctrine of laches is reviewed for an abuse of discretion.
Read MoreState ex rel. SRS v. Kimbrel (Kansas 2010)
In an action brought by the Secretary of Social and Rehabilitation Services on behalf of a mother and her biological child for an order of child support, a district court may determine that clear and convincing evidence proves a man who has executed a voluntary acknowledgment of paternity is not the biological father of the…
Read MoreState ex rel. SRS v. Kimbrel (Kansas 2010)
In an action brought by the Secretary of Social and Rehabilitation Services on behalf of a mother and her biological child for an order of child support, a district court may determine that clear and convincing evidence proves a man who has executed a voluntary acknowledgment of paternityis not the biological father of the child,…
Read MoreState ex rel. SRS v. Kimbrel (Kansas 2010)
In an action brought by the Secretary of Social and Rehabilitation Services on behalf of a mother and her biological child for an order of child support, a district court may determine, based on genetic testing and a hearing to determine the best interest of the child (Ross hearing), that clear and convincing evidence proves…
Read MoreIn re Marriage of Jones (Kansas 2010)
Kansas law allows for retroactive application of a child support modification back to 1 month after the filing of the motion to modify is clear, unambiguous, and straightforward.
Read MoreIn re Paternity of Janzen v. Janzen (Kansas 2010)
Under the Kansas Parentage Act, a child may bring an action to determine a father and child relationship arising from a statutory presumption of paternity. The Kansas Parentage Act permits retroactive awards of support normally prohibited in divorce cases.
Read MoreIn re Paternity of Janzen v. Janzen (Kansas 2010)
The statutory presumption of paternity may only be rebutted by clear and convincing evidence or by a court decree establishing paternity of the child by another man or by weighing two conflicting presumptions and deciding which presumption will control based upon the weightier consideration of policy, logic, and the best interests of the child.
Read MoreIn re Paternity of Janzen v. Janzen (Kansas 2010)
Any agreement between an alleged or presumed father and the mother of the child does not bar an action by the child under the Kansas Parentage Act.
Read MoreIn re Paternity of Janzen v. Janzen (Kansas 2010)
In entering an original order for support of a child under this section, the court may award an additional judgment to reimburse the expenses of support and education of the child from the date of birth to the date the order is entered.
Read MoreIn re Marriage of Hohmann and Hohmann (Kansas 2012)
If a payment is in excess of the arrearage, the excess benefit accrues to the child as a gift and may not be credited to any arrearage that accumulated prior to the months covered by the lump-sum payment.
Read MoreIn re Marriage of Hohmann and Hohmann (Kansas 2012)
Lump-sum social security disability benefits received by mother on behalf of her minor children because of father’s disability may be credited toward father’s child support arrearage that accumulated during the months covered by the lump-sum payment.
Read MoreIn re Marriage of Hohmann and Hohmann (Kansas 2012)
Lump-sum social security disability benefits received by mother on behalf of her minor children because of father’s disability may be credited toward father’s child support arrearage that accumulated during the months covered by the lump-sum payment.
Read MoreIn re Marriage of Taber (Kansas 2012)
Gratuitous contributions from governmental agencies cannot be used to reduce or diminish a parent’s obligation to furnish child support.
Read MoreIn re Marriage of Taber (Kansas 2012)
Lump-sum Social Security disability insurance payments for back benefits received by mother on behalf of her minor child because of father’s disability may be credited toward father’s child support arrearage that accumulated during the months covered by the lump-sum payments.
Read MoreIn re Marriage of Taber (Kansas 2012)
Lump-sum Social Security disability insurance payments for back benefits received by mother on behalf of her minor child because of father’s disability may be credited toward father’s child support arrearage that accumulated during the months covered by the lump-sum payments.
Read MoreIn re Marriage of Brown (Kansas 2012)
A district court’s authority to discharge or vacate child support that is due under an interlocutory order, other than an ex parte order, is limited.
Read MoreIn re Marriage of Brown (Kansas 2012)
If a motion for modification has not been filed, any court-ordered modification operates prospectively only, and the district court is not authorized to vacate or discharge past-due child support.
Read MoreIn re Stephenson and Papineau (Kansas 2013)
An obligor parent is not entitled to reimbursement for timely child support payments made during months for which the minor children ultimately receive a retroactive lump-sum payment of the obligor parent’s Social Security disability benefits.
Read MoreMaley v. State of Kansas (Kansas 2013)
A grievance based on the garnishment of social security disability benefits by the Kansas Child Support Collection Division is meritless.
Read MoreFrazier v. Goudschaal (Kansas 2013)
Any interested party may bring an action to determine the existence or nonexistence of a mother and child relationship.
Read MoreFrazier v. Goudschaal (Kansas 2013)
Any interested party may bring an action to determine the existence or nonexistence of a mother and child relationship. A woman claiming to be a presumptive mother of a child is an interested party under the Kansas Parentage Act.
Read MoreIn re Marriage of Thomas (Kansas 2014)
Because an adoption subsidy is meant to supplement an adoptive parent’s income for the benefit of a special needs child, the adoption subsidy is in no sense attributable to the income of adoptive parent for the purposes of calculating child support.
Read MoreGreer v. Greer (Kansas 2014)
Presumptions of paternity may arise in favor of different men. When the court is faced with two conflicting presumptions of paternity, it is required to conduct a hearing to determine which presumption “is founded on the weightier considerations of policy and logic, including the best interests of the child” before it determines the child’s legal…
Read MoreGreer v. Greer (Kansas 2014)
A hearing to determine the best interests of the child, including physical, mental, and emotional needs (Ross Hearing), is required when (1) there is not a genetic test resulting in a presumption of paternity performed prior to the filing of the paternity action, or (2) a genetic test was completed prior to the filing of…
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