Divorce can be an extremely challenging process, especially when considering the well-being of children. In the state of Kansas, child support is determined using the Kansas Child Support Guidelines, which take into account various factors such as the income of both parents, the number of children involved, and additional expenses. However, as circumstances evolve, child support orders may need to be modified. In this article, we will explore the essential legal steps involved in navigating child support modification in a Kansas divorce.
Step 1: Engage in a Discussion About Change in Circumstances
The initial and crucial step in modifying child support is to openly discuss and identify significant changes in circumstances that justify the need for modification. These changes may include a substantial income alteration for either parent, or changes in the child’s expenses, such as medical or educational costs. It is important to have clear and transparent communication during this discussion.
Step 2: File a Motion for Modification
Once you have successfully pinpointed a substantial change in circumstances, the subsequent step involves filing a Motion for Modification with the same court that initially issued the support order. In Kansas, child support modifications are typically carried out through the District Court, which requires a filing fee.
When drafting the Motion for Modification, it is imperative to clearly state the precise reasons for requesting a change in the support order and include the proposed new support amount. Ensure that the motion is detailed, accurate, and well-supported to increase the likelihood of a successful outcome.
Step 3: Serve the Other Parent
After filing the Motion for Modification, it is crucial to serve the other parent with a copy of the motion. This can be accomplished by sending a copy via mail or having it delivered in person by a professional process server. The other parent then has a period of 20 days to file a written response to the motion.
Step 4: Attend a Court Hearing
In cases where the other parent does not dispute the Motion for Modification, the court may still require both parties to attend a hearing. This hearing provides an opportunity for each party to present their case and for the court to make a final decision regarding the requested modification.
If the other parent disagrees with the proposed modification, a court hearing will be scheduled. During this hearing, both parties will have the opportunity to present their case along with supporting evidence. It is at this stage that the court will make a final decision on whether to modify the child support order and, if so, determine the new support amount.
Step 5: Adhere to the Court’s Decision
After the court has made its decision, it is imperative that both parties adhere to the new support order. It is important to note that the modification may be retroactive to the date the Motion for Modification was filed. Therefore, it is crucial to be aware of this when making or receiving payments.
Seek Legal Assistance
Navigating the child support modification process can be complex and challenging. Therefore, it is always recommended to seek the assistance of an experienced Kansas divorce attorney. A competent attorney can provide valuable guidance throughout the process, helping you understand and successfully navigate the legal steps involved.
Conclusion
Modifying child support orders in a Kansas divorce requires following specific legal steps. These steps include engaging in a discussion about the change in circumstances, filing a Motion for Modification, serving the other parent, attending a court hearing, and ultimately complying with the court’s decision regarding the modification. It is crucial to remember that seeking the guidance of an experienced Kansas divorce attorney can significantly assist in successfully navigating the child support modification process. By doing so, you can ensure that your child’s best interests, as well as your own, are properly addressed.