2025 Child Support Guidelines Public Comment June 2025
2025 Child Support Guidelines Public Comment June 2025
KANSAS
CHILD SUPPORT GUIDELINES
Pursuant to Kansas Supreme Court
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5. In-Kind or Reimbursed Living Expenses ...............................................10
6. Incarceration ...........................................................................................10
7. Imputing Income to the Primary Residential Parent ............................... 11
C. Wage Earner ................................................................................................... 11
1. Domestic Gross Income .......................................................................... 11
a) Definition .......................................................................................... 11
b) Public Assistance .............................................................................. 11
c) Bonuses and Other Supplemental Income ........................................12
d) Historical Information .......................................................................12
e) Military Employment ........................................................................12
f) Gifts and Inheritance .........................................................................12
g) Social Security Disability Insurance (SSDI).....................................12
D. Self-Employment Domestic Gross Income ....................................................12
1. Definition ................................................................................................12
2. Reasonable Business Expenses ...............................................................13
III. Adjustments to Domestic Gross Income ............................................................13
A. Generally ........................................................................................................13
B. Court-Ordered Child Support Paid .................................................................13
C. Court-Ordered Spousal Maintenance Paid .....................................................13
D. Court-Ordered Spousal Maintenance Received .............................................14
IV. Child Support Computations ..............................................................................14
A. Generally ........................................................................................................14
B. Child Support Income ....................................................................................14
C. Proportionate Shares of Combined Income....................................................15
D. Gross Child Support Obligation .....................................................................15
1. Child Support Schedules .........................................................................15
2. Age ..........................................................................................................15
3. More than Six Children...........................................................................15
4. Divided Residency Situation...................................................................15
5. Combination of Primary and Shared Residency .....................................16
E. Cost of Living Differential .............................................................................16
F. Multiple Family Application ..........................................................................16
G. Extended Formula for Income Beyond the Child Support Calculations ........17
H. Parenting Time Adjustment ............................................................................17
1. Actual Cost Adjustment ..........................................................................17
2. Parenting Time Adjustment Formula ......................................................17
3. Extended Parenting Time Adjustment ....................................................18
4. Non-Exercise of Parenting Time Adjustment .........................................18
I. Health and Dental Insurance Premium ...........................................................18
J. Work-Related Child care Costs ......................................................................19
K. Basic Child Support Obligation .....................................................................19
V. Adjustments ..........................................................................................................19
A. Use ..............................................................................................................19
B. Long Distance Parenting Time Costs .............................................................19
C. Income Tax Considerations ............................................................................20
D. Special Needs .................................................................................................20
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E. Support Past Majority.....................................................................................20
F. Overall Financial Condition ...........................................................................20
VI. Deviations from Rebuttable Presumptive Amount ...........................................21
A. Generally…………………………………………………………………21
B. Equal Parenting Time Obligation………………………………………...21
C. Discretionary……………………………………………………………..21
D. Sanctions………………………………………………………………….21
E. Shared Expense Formula…………………………………………………21
1. Use .........................................................................................................21
2. Court Approval ......................................................................................22
a) Agreed Detailed Plan .....................................................................22
b) Unreimbursed Health Expenses .....................................................22
c) Direct Expenses .............................................................................22
d) Worksheet.......................................................................................22
e) Alternative Dispute Provision ........................................................22
3. Calculation.............................................................................................22
F. Direct Expense Formula………………………………………………….22
1. Generally .................................................................................................22
2. Factors .....................................................................................................22
3. Formula ...................................................................................................23
4. Equitable Considerations ........................................................................23
G. Ability to Pay Calculation………………………………………………..23
1. Use ..........................................................................................................23
2. Calculation ..............................................................................................24
H. Social Security Dependent Benefits……………………………………...24
1. Payee Benefits .........................................................................................24
2. Dependent/Auxiliary Benefits ................................................................24
I. Enforcement Fee Allowance……………………………………………..24
J. Total Parental Child Support Obligation…………………………..……..25
1. Generally .................................................................................................25
2. Rounding .................................................................................................25
VII. Judgments .............................................................................................................25
A. Judgment ........................................................................................................25
B. Birth Expenses………………………………………………………………25
C. Child Support for an Unborn Child
VIII. Retroactive Lump Sum Payment .......................................................................25
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I. Generally
A. Purpose. The purpose of child support is to provide for the needs of the child
whether the child lives with a parent or a third party. The needs of the child
include direct and indirect expenses related to the day-to-day care of the child.
The Kansas Child Support Guidelines are the basis for establishing and reviewing
all child support orders. Judges and hearing officers must follow the guidelines
and must consider all relevant evidence presented in setting an amount of child
support.
1. Basic Direct Expenses. Basic direct expenses for a child include those paid
directly to a third party. Basic direct expenses include clothing, all school and
school-related expenses including school lunches and extracurricular
activities.
2. Indirect Expenses. Indirect expenses include those that benefit the child but
are not paid directly for their personal needs. These include food (excluding
school lunches), transportation, housing, or utilities. The indirect expenses are
usually borne by the respective parents within their own household and are not
shared.
3. Other Expenses. The parties may agree to divide other expenses. Such
expenses must be agreed in advance.
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D. Required Documentation
An increase in the gross income of the parent having primary residency is not
a material change of circumstances for the purpose of increasing the child
support obligation. When the court has approved either a shared residency or
divided residency plan, any change in income by either parent may be used as
a material change in circumstance if the change would increase or decrease by
10% the amount shown on Line I.2 of the worksheet.
3. Age Change. The child is in a higher age group because of having passed the
child's 6th or 12th birthday, or because the child's age places the child in the
higher age group as a result of the change in the guidelines.
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4. Termination from Employment
a) Generally. The court may consider the circumstances surrounding
termination from employment.
b) Termination from Employment for Misconduct. Termination
from employment for misconduct will not ordinarily constitute a material
change of circumstances that justifies a reduction in child support.
c) Voluntary Termination from Employment. Voluntary
termination from employment will not ordinarily constitute a material
change of circumstances that justifies a reduction in child support.
5. Duty to Notify. A parent must notify the other parent of any change of
financial circumstances including, income, work-related childcare costs, and
health insurance premiums which, if changed, could constitute a material
change of circumstances. If a party fails to disclose a material change of
circumstances, such as the understatement, overstatement, or concealment of
financial information, the court may determine the dollar value of a party's
failure to disclose and assess the amount in the form of a judgment. The
judgment may be paid as a credit or an addition to the child support amount
for a determinate amount of time. The court may also adopt other sanctions.
F. Residence with a Third Party. If the child resides with a third party, the court
must order each of the parents to pay their respective amounts of child support to the
third party.
1. Kansas Payment Center. Except for good cause shown, every order
requiring payment of child support must require that the support be paid
through the Kansas Payment Center.
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Kansas Payment Center constitutes good cause, unless the court finds the
agreement is not in the best interest of the child. The agreement must be filed
with the court.
3. Proof of Direct Payment. The payor must maintain written evidence of the
payment of the support obligation. Evidence may include cancelled checks,
copies of money orders, receipts signed by the payee, or evidence of direct
electronic deposit in an account designated by the payee. At least annually the
payor must provide an accounting pursuant to K.S.A. 23-3004. Each court
order authorizing direct payment to the payee must include language requiring
the payor to comply with the above requirements. Payments not made in
accordance with K.S.A. 23-3004 will be presumptively disallowed.
2. Indemnity. If either party owes reimbursement to the other party for any
non-covered or uninsured medical expense as described above, the owing
party shall indemnify and hold the other party harmless from the owing party's
respective share of the non-covered/uninsured expense, including late fees,
interest, or other expenses related to collection.
3. Notice. Any party seeking reimbursement from the other party must, within
thirty (30) days of receipt of said billing statement from provider, submit a
copy of the billing statement along with (a) proof of the expenditure and (b)
proof of payment of the uninsured portion of the expenditure; and, if
applicable, (c) proof of having submitted the claim to the insurance provider
for reimbursement and (d) proof of insurance considerations, payment or
exclusion. The Court may deny any request for reimbursement that is not
submitted in compliance with this section. The party receiving the request for
reimbursement shall have thirty (30) days after receipt to pay the party's
respective Line D.3 percentage of the amount not covered by insurance either
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to the requesting party or directly to the provider if payment in full has not
already been made.
4. Failure to Pay. If the party receiving the request for payment fails to pay the
amount due or fails to make satisfactory payment arrangements within the
thirty (30) day period, the court may impose appropriate sanctions. Sanctions
may include assessing 100% of the uninsured balance, and/or attorney's fees
incurred by the paying party seeking reimbursement.
1. Support Orders for One Child. In child support orders for one child, child
support stops pursuant to court order or pursuant to K.S.A. 23-3001, et seq.
and amendments thereto.
2. Support Orders for Two or More Children. In child support orders for two
or more children, support amounts are stated as a total amount rather than on a
per child basis. Absent judicial modification of the order, when each child
emancipates as defined in K.S.A. 23-3001, et seq. and amendments thereto,
the legal obligation terminates, and the total obligation decreases
proportionately based on the number of minor children at the time of the
termination or emancipation.
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A. Child Support Income
Child support income is the domestic gross income after adjustments for:
1. Child support paid in other cases;
2. Spousal maintenance paid in the present case or other cases; and
3. Spousal maintenance received in the present case or other cases.
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reimbursed meals, the value of such in-kind payment or reimbursement should
be added to gross income.
C. Wage Earner
a.) Definition. The domestic gross income for the wage earner is
income from all sources, including that which is regularly or periodically
received, excluding public assistance and child support received for other
children in the residency of either parent. Income includes bonuses,
commissions, incentives, overtime, shift differential, vacation pay, and
other supplemental income. Income must also include additional
compensation in the form of military or national guard pay, VA Disability
payments, Social Security Disability Insurance (SSDI) payments,
disability insurance payments, employer provided disability, or worker's
compensation payments.
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received from public sources and for which the recipient is eligible based
on financial need. It includes Supplemental Security Income (SSI), Earned
Income Credit (EIC), food stamps, Temporary Assistance for Needy
Families (TANF), General Assistance (GA), Medicaid, Low Income
Energy Assistance Program (LIEAP), Section 8, and other forms of public
housing assistance.
f.) Gifts and Inheritance. Generally, gifts and inheritance are not
considered income for child support purposes when received.
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D. Self-Employment Domestic Gross Income
1. For orders entered on or before December 31, 2018, the amount of current
spousal maintenance paid pursuant to a court-approved separation agreement
or a court order must be deducted to the extent that the spousal maintenance is
actually paid. This amount is entered on Line C.3. Payment of spousal
maintenance arrearages and property division must not be deducted.
2. For orders entered after December 31, 2018, as a result of the 2017 Tax Cuts
and Jobs Act Tax Reform, the amount of spousal maintenance paid pursuant
to a court-approved separation agreement or a court order must be calculated
by:
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a) taking the total maintenance awarded, increasing it by the federal
and state marginal tax rate of the payor, and subtracting the total from
payor's income while also taking the total maintenance awarded,
increasing it by the marginal tax rate of the payee, and adding this amount
to the payee's income. This amount is entered on Line C.3; or
b) if the parties agree, the amount of spousal maintenance paid may
be increased by an average tax rate of 25%. This amount is entered on
Line C.3. The payments of court-ordered spousal maintenance arrearages
shall not be deducted.
1. For orders entered on or before December 31, 2018, the amount of current
spousal maintenance received pursuant to a court-approved separation
agreement or a court order must be added on Line C.4 to the extent that the
spousal maintenance is actually received. Payments of spousal maintenance
arrearages must not be deducted.
2. For orders entered after December 31, 2018, as a result of the 2017 Tax Cuts
and Jobs Act Tax Reform, the amount of any spousal maintenance received by
a party pursuant to a court-approved separation agreement or court order, must
be adjusted by:
a) taking the total maintenance awarded, increasing it by the federal
and state marginal tax rate of the payor, and subtracting the total from
payor's income while also taking the total maintenance awarded,
increasing it by the marginal tax rate of the payee, and adding this amount
to the payee's income. This amount is entered on Line C.4; or
b) if the parties agree, the amount of spousal maintenance shall be
increased by an average tax rate 25%, added as income to the extent that
the spousal maintenance is actually received and is not for arrearages. This
amount is entered on Line C.4.
A. Generally. The gross child support obligation is determined using the child
support schedules (Appendix II). The child support schedules have three major factors:
the number of children in the family, the combined child support income, and the age of
each child. The child support schedule corresponding to the total number of children for
whom the parents share responsibility should be used. When using the multiple family
application, use the child support schedule for the number of children in this order and
the number of children residing in the payor's home for whom the payor is legally
responsible. If the multiple-family application is appropriate, use the child support
schedule that includes the children of the parties and the total number of children the
parent not having primary residency is legally obligated to support. If using the multiple-
family application will result in a gross child support obligation (Line D.4) below the
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poverty level shown on the second page of the applicable child support schedule, the use
of the multiple-family application is discretionary.
B. Child Support Income. The combined child support income amount should be
identified in the left-hand column of the applicable child support schedule. The amount
for each child should be identified in the appropriate age column for each child. The
amounts for all of the children should be added together to arrive at the total gross child
support obligation. The total gross child support obligation is entered on Line D.4. If
there is divided residency as defined in Section IV.D.4, two child support schedules must
be prepared.
1. Child Support Schedules. The child support schedules i (Appendix II) are based
upon national data regarding average family expenditures for children, which vary
depending upon three major factors: the parents' combined income, the number of
children in the family, and the ages of the children. ii The schedules take into
consideration that income deductions for social security, federal retirement, and
federal and state income taxes, as well as property taxes on owner-occupied
housing, are not available to the family for spending. iii Although the schedules use
combined gross monthly income as an index that identifies values in the child
support schedules, the entries in the schedules used to calculate the actual child
support obligation are based upon either consumption spending iv or after-tax
income, whichever is lower. The schedules also include a built-in reduction from
average expenditures per child (the dissolution burden), because of the financial
impact on the family of maintaining two households instead of one. v
2. Age. In determining the age of a child, use the age on the child's nearest birthday.
3. More than Six Children. If the parties share legal responsibility for more than
six children, support should be based upon the established needs of the children
and be greater than the amount of child support on the six child families' schedule.
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in each family unit. Upon completion of the two worksheets, the lower net
parental child support obligation is subtracted from the higher amount. The
difference is the amount of child support the party having the higher obligation
will pay to the party with the lower obligation.
E. Cost of Living Differential. The cost of living varies among states. The
"Regional Price Parities by State" as reported by the United States Department of
Commerce, Bureau of Economic Analysis can be used to compute a value for the cost of
living differential. The adjusted monthly income figure is entered on Line A.1, Line B.1,
or Line C.5 of the child support worksheet. There is a rebuttable presumption that the
adjusted pay amount reflects the variance in cost of living. The application of the cost-of-
living differential is discretionary. It is not applicable in cases where a cost-of-living
adjustment has already been applied to a person's wages. The child support worksheet
should indicate whether the cost-of-living differential is used. The income of the parties
will not be subject to a cost-of-living differential if both parties live in Kansas or reside in
the same metropolitan statistical area (MSA). More information about cost-of-living
differential can be found in the supplemental materials on the Kansas Judicial Branch
Website.
In situations involving a payor who is in the military, the cost-of-living calculation is not
being utilized, because the payor's cost of living has already been adjusted with
additional BAS (subsistence) or BAH (housing).
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For this application, use the child support schedule that includes the children of the
parties and the total number of children the parent not having primary residency is legally
obligated to support.
If the significant other of the parent not having primary residency or the parent not
having primary residency herself is pregnant at the time of the motion to increase child
support, the court must complete two child support worksheets, one with the multiple-
family application including the unborn child, and one without the unborn child. The
court must then order that, until the birth of the child, the child support amount from the
child support worksheet without a multiple-family application based on the new child
will be utilized. Beginning with the first payment following the birth of the child, the
child support amount from the child support worksheet including the new child shall be
utilized.
G. Extended Formula for Income Beyond the Child Support Calculations. If the
combined child support income exceeds the highest amount shown on the schedules, the
court should exercise its discretion by considering what amount of child support should
be set in addition to the highest amount on the child support schedule. The amount of
child support shown on the child support schedules are presumptive. The amounts
determined by the extended formula are discretionary. For the convenience of the parties,
the extended formula is contained at the end of each child support schedule (Appendix II)
to compute the amount that is not set forth on the schedules.
H. Parenting Time Adjustment. The court may allow a parenting time adjustment
in favor of the parent not having primary residency using either subsection IV.H.1 or
IV.H.2 but not both. Also, the court may allow an extended parenting time adjustment
pursuant to IV.H. 3. The court may allow a non-exercise of parenting time adjustment to
the parent having primary residency pursuant to IV. H.4. The parenting time adjustment,
like all other adjustments, is subject to the 10% rule pursuant to Section I.E.2. Because
the adjustment is prospective and assumes that parenting time will occur, the court may
consider the historical exercise or historical non-exercise of parenting time as a factor in
denying, limiting, or granting an adjustment under this section. Adjustments under this
section may be prorated over twelve months unless the parent having primary residency
requests otherwise. If the shared expense formula or the equal parenting time formula
applies in shared residency situations, no parenting time adjustment may be made under
this section.
1. Actual Cost Adjustment. The court may consider: 1) the fixed obligations of
the parent having primary residency that are attributable to the child and any
savings because of the time spent with the non-primary residency parent; and
2) the increased cost of additional parenting time to the parent having non-
primary residency. The amount allowed should be entered on line E.1.b. of the
child support worksheet.
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2. Parenting Time Adjustment Formula. The court may consider the amount
of time that the parent spends with the child. If the child spends 35% or more
of the child's time with the parent not having primary residency, the court
shall determine whether an adjustment in child support is appropriate. In
calculating the parenting time adjustment, the child's time at school or in day
care shall not be considered. To assist the court, the following table may be
used to calculate the amount of parenting time adjustment. The adjustment
percentage should be averaged if there is more than one child and if the
percentages are not the same for each child. The amount of the parenting time
adjustment allowed should be entered on Line E.1.a. on the child support
worksheet.
The cost to the parent or parent's household to provide for physical health, mental health,
dental, orthodontic, or vision insurance coverage for the minor child or children is to be
added to the gross child support obligation. The amount to be used on Line F.1 is the
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actual cost for the child or children. If coverage is provided without cost to the parent or
parent's household, then zero should be entered as the amount.
The court has the discretion to determine whether the proposed insurance cost is
reasonable, and to make an adjustment as appropriate, taking into consideration the
income and circumstances of each of the parties and the quality of the insurance
proposed. The cost of insurance coverage should be entered in the column of the parent
or parent's household which is providing it, and the total is entered on Line F.1.
K. Basic Child Support Obligation. The basic parental child support obligation is
the proportionate child support obligation for each parent (Line H.1) minus the
adjustment for physical health, mental health, dental, orthodontic, and vision premiums
and work-related childcare costs paid by each party (Line I.1) and is entered on Line I.2.
The parent having primary residency retains their portion of the net obligation. The net
obligation of the parent not having primary residency becomes the rebuttable
presumption amount of the support order.
V. Adjustments
A. Use. Child support adjustments are additions or subtractions from the net parental
child support obligation to be made if the court finds it is in the best interest of the child.
Child support adjustments must be requested in writing by the requesting party prior to
the hearing. If no adjustment is requested, this section does not need to be completed. All
requested adjustments are discretionary with the court. The party requesting the
adjustment is responsible for proving the basis for it. The court must determine if a
requested adjustment should be granted in a particular case based upon the best interest of
the child. If granted, the court has discretion to determine the amount allowed.
The adjustment should be annualized to a monthly amount and should be entered on the
appropriate line in Section J. All adjustments shall be totaled on Line J.6. Failure to
comply with the terms of an adjustment to the basic child support obligation, such as
failure to exercise parenting time or not using a special needs allocation, constitutes a
material change in circumstance.
B. Long Distance Parenting Time Costs. Any substantial and reasonable long-
distance transportation or communication costs directly associated with parenting time
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must be considered by the court. If the parties are equally sharing the transportation of the
child for long-distance parenting time, this adjustment should not be used. In making the
calculation, the court should divide the total amount by two so that the noncustodial
parent is only given a credit for the other parent's portion of the costs. The court is not
required to use federal mileage cost in the calculation. The court may consider the
circumstances that created the long-distance situation. The amount allowed should be
prorated to an annualized monthly amount and entered on Line J.1.
C. Income Tax Considerations. The parties are encouraged to maximize the tax
benefits of the dependency exemption and credits for a minor child and to share those
actual economic benefits. If the parties do not agree to share the actual economic benefits
of the dependency exemption for a minor child or, if after agreeing, the parent having
primary residency refuses to execute IRS Form 8332, the court must consider the actual
economic effect to both parties and may adjust the child support. The party seeking the
income tax consideration adjustment has the burden of proof. The court also may
consider any other income tax impacts, regardless of an agreement upon the dependency
exemption and tax credit issues.
In situations where the payor lives in another state, Kansas state income tax rates should
be used in the calculation of the income tax adjustments. However, the court has
discretion to make adjustments on a case-by-case basis to address those differences. The
amount allowed must be entered on Line J.2.
D. Special Needs. Special needs of the child are items that exceed the usual and
ordinary expenses incurred, such as ongoing treatment for health problems, orthodontist
care, special education, or therapy costs, which are not considered elsewhere in the
support order or in computations on the worksheet. The amount of the special needs
expenses, reduced to a monthly average, must be entered on Line J.3.
E. Support Past Majority. If the parties have a written agreement for a parent to
continue to support a child beyond the age of majority, it may be considered in setting
child support. If there is no written agreement, the fact that a parent is currently
supporting a child of the parties in college (or past the age of majority) may be
considered if the parent having primary residency seeks to increase the child support for
the benefit of any children still under the age of eighteen. The amount allowed must be
entered on Line J.4.
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to that circumstance. The court must keep in mind the best interest of the child. In such a
situation, two worksheets may be prepared with one worksheet including all income and
the other worksheet including only the primary income to determine the margin of
deviation. The amount allowed must be entered on Line J.5.
A. Generally. The court must make written findings regarding deviations to the
child support guideline amount and include the reason why the deviation is in the best
interest of the child.
B. Equal Parenting Time. A court must have decided that equal parenting
time is in the best interest of the minor children. The children's time with each
parent must be regular and equal rather than equal based on a non-primary
residency extended parenting time basis (i.e., summer visitation, holidays, etc.).
1. Use. Sharing expenses and using the Shared Expense Formula is a method of
paying expenses related to the children. Sharing expenses and using the shared
expense formula requires parents to effectively communicate and cooperate
regularly. Sharing expenses and using the formula should only be attempted
by parents who:
• communicate well;
• are highly cooperative co-parents;
• have the ability and willingness to keep accurate records for the period
of time necessary to raise their children;
• will share the children's direct expenses in a timely manner;
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• have similar values and tastes;
• have considered the current and future needs of their children
carefully; and
• are willing and able to resolve minor problems without the
intervention of others.
If using this agreed shared expense formula, the direct expense formula is not
used.
2. Court Approval. No shared expense formula shall be ordered without the
court having approved the following five requirements:
3. Calculation. The support is calculated using one worksheet. The amount of the
lower adjusted subtotal (Line D.5) is subtracted from the higher adjusted subtotal
(Line D.5) and the difference is then divided by 2. The resulting amount is the
child support the party having the higher obligation will pay to the party with the
lower obligation (Line E.2).
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guidelines must not use the Equal Parenting Time Formula and Equal Parenting
Time Worksheet.
2. Factors. When using this formula, the parties may agree which parent is to pay
the direct expenses of the minor child(ren). If the parties don't agree, the court
must consider the following factors in establishing which parent shall pay the
direct expenses:
• Historical roles and familiarity of the parties with purchasing needs of the
child(ren);
• Demonstrated performance under previous equal parenting time or shared
expense formula, if applicable;
• Demonstrated payment of historical percentages of child(ren)'s
medical/dental bills; and/or
• Ability of a party to cooperate with the other party.
3. Formula. The Direct Expense Formula must consist of the following steps:
a) Step 1: The amount of the lower adjusted subtotal amount on Line
D.5 must be subtracted from the higher adjusted subtotal amount on Line D.5.
The resulting figure must be divided by 2 and constitutes the first portion of
the formula. This amount is entered on Line E.2.a for the parent with the
higher income. Unless otherwise ordered by the court, the parents are
presumed to each provide the child's clothing in their own home.
b) Step 2: Multiply Line D.4 by the percentage set out on the table
below. This amount is entered on Line E.3 for the parent not paying direct
expenses.
• 7% if total combined monthly child support income on
Line D.2 is equal to or less than $4,690;
• 10.5% if total combined monthly child support income on
Line D.2 is more than $4,690 and less than $8,125;
• 15% if total combined monthly child support income on
Line D.2 is equal to or greater than $8,125, or;
c) Step 3: Add the amount from Step 1 and Step 2 to Line E.4 for
each parent on the child support worksheet. Along with any applicable
adjustments, this is the additional contribution owed by the parent not
paying direct expenses.
4. Equitable Considerations. If the court determines the result of the direct expense
formula is unjust and is not in the best interest of the child, the court must then
decide if adjustments are appropriate. In evaluating whether to apply an adjustment,
the court must consider the overall financial circumstances of the parties and the
presence and amount of disparity between the incomes. The court may also consider
which parent is responsible for the direct expenses, health insurance, and work-
related child care.
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G. Ability to Pay Calculation
1. Use. The court must take into consideration the basic subsistence needs of the
noncustodial parent, and at the court's discretion, the custodial parent and children.
In calculating child support, the court must take into consideration the current
federal poverty guidelines for a household of one. The current poverty guidelines
change annually and can be found at https://aspe.hhs.gov.
2. Calculation. To determine a parent's ability to pay, the court must subtract the
current federal poverty guidelines for a household of one from the child support
income (Line D.1). This amount is the income available for support. If the income
available for support is greater than the child support owed by the noncustodial
parent, the lesser of the two amounts should be entered on Line L as the amount of
child support owed by the noncustodial parent. If the income available for support is
less than the child support owed by the noncustodial parent, the court shall set a
child support obligation based on the best interest of the child and enter it on Line L
as the amount of child support owed by the noncustodial parent.
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the total monthly fee should be entered as an additional amount allowed on Line M for
the parent not having primary residency. In areas where the court trustee or DCF charge
a percentage of each payment, this amount is determined by multiplying the percentage
fee charged by the court trustee or DCF by the figure on Line M and then multiplying by
.5 ((Line F.3 x Collection Fee %) x .5). In areas where a flat fee is charged, that flat fee
is multiplied by .5 to find the amount applied on Line M (Monthly Flat Fee x .5). These
fees may vary and should be entered on Line N.
VII. Judgments
A. Judgment. Child support becomes a judgment when it is due and goes unpaid.
C. Child support for an unborn child. The court may order child support for an
unborn child pursuant to K.S.A. 20-165. For purposes of this section, child support for an
unborn child will be in the form of a judgment for the direct medical and pregnancy
related expenses of the mother of the unborn child. The judgment must not exceed the
total amount of direct medical and pregnancy related expenses of the mother of the
unborn child. The party requesting the establishment of child support must produce
evidence of the expenses. The court has the discretion to determine whether the direct
medical and pregnancy related expenses are reasonable, and to make an adjustment as
appropriate, taking into consideration the income and circumstances of each of the
parties.
25
VIII. Retroactive Lump Sum Payment
If the parent or guardian, as a representative payee for the child, received a lump sum
payment of retroactive SSDI benefits, the amount shall be applied as a credit against the
child support arrearage that accumulated during the months covered by the lump-sum
payment. The payee must notify the court and all parties within 30 days of receipt of the
lump sum payment. The court may issue sanctions if notice is not provided. Any portion
of the lump sum payments of retroactive SSDI dependent/auxiliary benefits paid to
children in excess of the child support obligation should not be credited against the child
support arrearage and is considered gratuity for the benefit of the child(ren).
i
The schedules are derived from an economic model initially developed in 1987 by Dr. William Terrell.i In the fall
of 1989, Dr. Ann Coulson updated the schedules,i which were then modified downward at lower income levels in
1990 at the Court’s request and adjusted for current economic data in 1993.i Dr. William Terrell reviewed various
studies and foundation data in 1998 and 2002. These reviews led to updated schedule proposals; however, no
changes were made in 1998. His more recent statistical analyses and attendant schedule changes provide the
bases for the committee’s recommendations that were adopted by the Court in 2003.i Dr. Jodi Pelkowski worked
with Dr. Terrell during the review period which led to the adoption of Kansas Supreme Court Administrative
Order No. 180 effective January 1, 2004, and took over Dr. Terrell’s work during 2005.i Her analyses of
economic data in spending on children served as the basis for the committee recommendations in 2007, 2011,
2015, 2018, and 2022.
ii
See Linda Henry Elrod, Kansas Child Support Guidelines: An Elusive Search for Fairness in Support Orders,
27 WASHBURN. L. J. 104, 120-25 (1987). Expenditures per child are assumed to increase with increases in
parents’ combined income, decrease per child as the total number of children in the family increases, and increase
as the child grows older.
iii
See Terrell, supra note 3, at 7; Letter from Dr. Ann Coulson to Hon. Herbert Walton, February 21, 1990, supra
note 4, at 2.
iv
Consumption spending means household outlays for consumer goods and services as opposed to the purchase of
assets or savings accounts.
v
This reduction involves subtracting the age 16-18 child’s share of a total family burden at two points on the
equation that relates average spending per the age 16-18 child to gross family income. Once the two lower points
are determined, then the entire equation is reduced in order to compute the support schedules. For example, the
one child aged 16-18 family calls for a reduction of $228 at the poverty level income of $1,650. Hence, the
poverty level average spending of $579 becomes the schedule entry of $351. Similarly, at an income of $15,500
per month, average spending of $2,580 per child declines by $324 to the support amount of $2,256. The tabled
values derive from an equation that passes through these two diminished values.
26
Appendix I
IN THE MATTER OF
v. Case No.
27
CASE NO. Party Name Party Name
28
CASE NO. Party Name Party Name
5. Ability to Pay
Child support income (D.1) ____________ - Poverty guidelines for houshold of one _______________ = ________________
Date Submitted
29
Appendix II
*2023 Federal Poverty Guideline values converted to monthly values and rounded up to nearest $50 increment are
$ I 250 for a one-person household and $2100 for a three-p�son household.
age ranges are calculated by multiplying 0.84 and 0.94, respectively, by the 12-18 year old non-rounded calculated
value.
30
Domestic Relations Affidavit Appendix III
IN THE MATTER OF )
)
)
Party Name )
)
and ) Case No.
)
)
)
Party Name )
1. Residence
XXX-XX-_ _ _ _
Birth Month/Year Social Security Number Telephone
Residence
XXX-XX-_ _ _ _
Birth Month/Year Social Security Number Telephone
3. Date of Marriage:
4. Number of Marriages:
Party Name Party Name
6. Names, Social Security Numbers, the month and year of each child’s birth and ages of minor children of
the relationship:
42
7. Names, Social Security Numbers, and ages of minor children of previous relationships and facts as to
custody and support payments paid or received, if any.
(address)
(address)
1. Gross Income $ $
2. Other Income $ $
3. Subtotal Gross Income $ $
4. Federal Withholding $ $
(Claiming _____ exemptions)
5. Federal Income Tax $ $
6. OASDHI $ $
7. Kansas Withholding $ $
8. Subtotal Deductions $ $
9. Net Income $ $
Pay period:
Party Name Party Name
43
9. The liquid assets of the parties are:
Joint or Individual
Item Amount (Specify)
10. The monthly expenses of each party are: (Please indicate with an asterisk all figures which are estimates
rather than actual figures taken from records.)
1. Rent $ $
2. Food $ $
3. Utilities/services:
Trash Service $ $
Newspaper $ $
Telephone $ $
Cell Phone $ $
Cable $ $
Gas $ $
Water $ $
Lights $ $
Other $ $
4. Insurance:
Life $ $
Health $ $
Car $ $
House/Rental $ $
Other $ $
5. Medical and dental $ $
6. Prescriptions drugs $ $
7. Child care (work-related) $ $
8. Child care (non-work-related) $ $
9. Clothing $ $
10. School expenses $ $
11. Hair cuts and beauty $ $
12. Car repair $ $
13. Gas and oil $ $
14. Personal property tax $ $
44
15. Miscellaneous (Specify)
$ $
$ $
$ $
$ $
Total $ $
B. Monthly payments to banks, loan companies or on credit accounts: (Indicate actual or estimated
monetary amount in each column; use asterisk for secured.) DO NOT LIST ANY PAYMENTS
INCLUDED IN PART 10.A ABOVE.
D. Payments or contributions received, or paid, for support of others. Specify source and amount.
11. How much does the party who provides health care pay for family coverage?
$ per .
How much does it cost the provider to furnish health insurance only on the provider?
$ per .
45
12. Income and financial resources of children.
Income/Resources Amount
$
$
14. All other personal property including retirement benefits (including but not limited to qualified plans such
as profit-sharing, pension, IRA, 401(k), or other savings-type employee benefits, nonqualified plans, and
deferred income plans), and ownership thereof (joint or individual), including policies of insurance,
identified as to nature or description, ownership (joint or individual), and actual or estimated value.
Joint or Individual
Amount (Specify)
$
$
$
$
15. List real property identified as to description, ownership (joint or individual) and actual or estimated value.
16. Identify the property, if any, acquired by each of the parties prior to marriage or acquired during marriage
by a will or inheritance.
Source of Actual/
Property Description Ownership Ownership Estimated Value
17. List debt obligations, including maintenance, not listed in Section 10.A or 10.B above, identified as to
name or names of payor or payors and payees, balance due and rate at which payable; and, if secured,
identify the encumbered property.
46
8. List health insurance coverage and the right, pursuant to ERISA §§ 601-608, 29 U.S.C.
§§ 1161-1168 (1986), to continued coverage by the spouse who is not a member of the
covered employee group.
I declare under penalty of perjury under the laws of the State of Kansas that the foregoing is true, correct
and complete.
Name (Print):
Signature
47
Appendix V
IN THE___________ JUDICIAL DISTRICT
DISTRICT COURT,___________ COUNTY, KANSAS
Petitioner,
Respondent.
Petitioner and Respondent, having entered into a shared residential custody arrangement,
make the following agreed plan for sharing of the direct expenses of the minor child(ren)
pursuant to Section I. . of the Kansas Child Support Guidelines. This plan must be filed with
a child support worksheet and an order approving the child support worksheet and shared
expense plan.
1. The parties understand that costs for work related child care and health
insurance are already included in the child support worksheet. The parties also
agree they shall share the following direct expenses of the minor child(ren) equally as
set forth in this plan, which shall be in addition to the monetary child support as
required by the shared residency arrangement (check all that apply):
53
Miscellaneous school related expenses (including but not limited to school
pictures, yearbook, field trips)
Extracurricular activity fees, equipment, apparel, and uniform costs
Sports activity fees, equipment, apparel, and uniform costs
Extracurricular activity travel costs of the child
Haircuts
Cell phones
Summer related activities such as summer camps or summer school not
included in the child support worksheet
Other (specify)
___________________________________________________
2. In the event of school lunches, the parties shall share the cost by:
_____________ shall pay the cost and the ____________ shall reimburse
the paying party for their respective 50% share by the end of the following
month
or
The parties shall each prepay one half of cost of school lunches on a
_____weekly _____ monthly basis.
3. The parties agree that it is in the best interest of the child(ren) to be involved in
reasonable extracurricular activities with the consent of both parties, which consent
shall not be unreasonably withheld.
4. The parties agree that they must consult with each other about the reasonable direct
expenses of the minor child(ren) for which they seek reimbursement before the
expense is incurred.
5. The parties agree that in sharing the direct expenses of the minor child(ren) they may
do so by having one parent advance the entire cost and being reimbursed for one half
by the other or by splitting the cost equally at the time it is incurred.
6. In the event that one of the parties seeks reimbursement of the direct expense they
have advanced, the paying party shall provide the reimbursing party with a copy of
the receipt for the expense within thirty (30) days of incurring the expense and the
reimbursing party shall have thirty days after the receipt is sent in which to reimburse
the paying party for their respective one half of the cost.
7. The parties agree that failure to pay the party=s 50% share of the direct expenses may
result in modification of child support or other sanctions.
8. The parties agree to use an alternative dispute resolution process for any
disagreements the parents may have concerning the children’s expenses.
54
_______________________
Petitioner Date
_________________________
Respondent Date
55