Kansas Child Custody & Kansas Child Support
Kansas courts, like family courts in all states, encourage divorcing parents to cooperatively work out a parenting agreement outside of court. If the parents are unable to come to an agreement, then issues of child custody, child support, and visitation rights will all be decided in court. In making its determinations, the court will always look to the best interests of the children. The following are the laws governing Kansas child custody and support.
Kansas Child Custody:
Kansas courts determine all custody issues in terms of what is considered the best interests of the children. The court will consider all relevant facts and give the father and mother the same consideration regardless of the child’s sex or age. Either a sole or joint custody decision will be reached. The factors the court will consider include, among others: children’s age, their health, their wishes, the parental roles, and other needs of the children. Sex offender status of a parent or a roommate of a parent is explicitly listed in the statute as highly determinative as well.
Kansas Child Support:
Child support in Kansas is determined in accordance with the Income Shares Model for child support, where each parent's income is considered in relative proportion. The support amounts calculated from each parent then help decide which parent must pay the other in order to maintain the correct proportion and provide for the needs of the child.
These guidelines are not always followed, but a decision to follow a different standard will require supportive evidence showing 1) all the factors that affect the parties financial obligations differently, and 2) how applying a standard other than the Income Shares Model will more effectively preserve the best interests of the child.
The factors that can be considered here are numerous, and include but are not limited to the following:
- Pre-dissolution or pre-separation standard of living that the child enjoyed
- Monetary support provided for other family members
- Debts arising during the marriage for the child's benefit
- Imputed income to a party who is voluntarily unemployed for the child's benefit
- Court-ordered payments for health care and education for the child's benefit
- Children's independent financial resources, if any
- Education, training, and/or career opportunities of the parties and/or ability to pursue those things
A lawyer can help you sort through your rights and responsibilities when it comes to raising your kids after a divorce, and can also serve as your advocate and/or counsel when negotiating a parenting agreement. You can find a lawyer at:
Kansas Divorce/Child Support/Child Custody Lawyers:
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