April 14, 2022
Child support modification is an important aspect of family law, and the legal team at Juris Law & Mediation, LLC. understands the reasons for supporting modification. For modification to occur, most states require proving a change in the circumstances of the child or the custodial parent or some other triggering event to allow for a modification. Child support in both Kansas and Missouri is determined using a worksheet and/or formula (which are different in each state). In both states, child support is the right of the children, and is not a supplement for the residential parent. In Kansas the parents cannot negotiate child support amounts, it is based on the income of the parents and other expenses like insurance costs for the children, tax considerations, childcare costs, etc. But if a change in income or childcare happens, then child support modification may be necessary.
Here are the top 4 Reasons your Child Support may need to be changed:
1. Children’s Ages Change
Child Support Worksheets are calculated using an average cost of raising children and those numbers scale as the children get older. There is a different amount of base child support for children under 5 years old, Ages 6 – 11, and then children aged over 12. Each time a child reaches the next threshold you are eligible to see if their child support will change enough to trigger a modification of support.
2. When Parenting Time or Custody Changes
There are many ways in which parental custody can change, and that includes work changes of parents. If a parent is working different hours than in the past, has a new job, or gets another job for instance, child support modification could occur. In these situations, it is best to consult a lawyer with Juris Law & Mediation, LLC. for more information on parental custody changes.
3. When Children’s Expense Increase or Decrease
Child expense increase is largely based on specific circumstances and judge discretion. If a parent were to learn that their child or children has special needs after the initial child support decree is finalized, a child support modification could be in order. Special needs children absolutely need more nuanced care and support, and a modification can help address these needs. Likewise, if a child was in daycare, which those costs can be very significant, and then enrolls in school the daycare costs could go away completely or there could just be costs for special summer care or camps. All of these can trigger modifications of child support.
4. Job Loss
A sudden decrease in income can also influence child support, and a child support modification might be necessary. However, a modification immediately following work termination may not be granted and the court system does take into consideration time spent looking for a job before child modification is considered. It is of note that the Court is keenly aware that there are some people who attempt to get lower paying jobs or become unemployed or underemployed to avoid support. The Judges are smart people and it’s typically pretty obvious when someone tries to pull the wool over their eyes with support, so be warned 😉
We know that child support issues are complex and need to be handled by a lawyer that has years of experience and the legal knowledge to support their clients. The attorneys and mediators at Juris Law & Mediation, LLC. have that experience and knowledge to help with your child support modification case. If you are in the Johnson County, KS or Olathe, KS region, contact us online to schedule a consultation, or feel free to call us at 913-764-8844 with any questions you have regarding your case.