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Kansas Child Support Definitions

The court may adjust the minimum child support award, of either or both parent’s share of the minimum child support award, based upon the following considerations:

1. Long-Distance Visitation Costs

Any substantial and reasonable long-distance transportation/communication costs directly associated with visitation shall be considered by the court.

2. Visitation Adjustment

The court may allow a visitation adjustment using either subsection V.E.2.a or subsection V.E.2.b below but not both.

The court may reduce the noncustodial parent’s support obligation in consideration of the noncustodial parent’s expenditures on the child’s behalf related to time spent with the noncustodial parent. No reduction under this section shall cause the custodial parent to receive less than 33% of the Parent’s Total Child Support Obligation unless the custodial parent’s Proportionate Share of Combined Income is 67% or more. Any reduction should be prorated over twelve months unless the custodial parent requests otherwise.

Because the adjustment is prospective and assumes that visitation will occur, the court may consider historical non-exercise of visitation as a factor in denying or limiting an adjustment under this section. Brief visitation with the custodial parent shall not be deemed to interrupt the consecutive nature of the noncustodial parent’s visitation.

a. If the child spends more than 30% of the child’s time with the noncustodial parent or if the noncustodial parent has the child for a single block of time (including the -custodial parent’s visitation) in excess of thirty days, the court shall determine whether an adjustment in child support is appropriate. In making this determination, the court shall consider the fixed obligations of the custodial parent that are attributable to the child and to the increased cost to the noncustodial parent attributable to the child’s visit.

b. If a child spends more than fourteen (14) but less than thirty (30) consecutive days with the noncustodial parent (including any custodial parent visitation), the noncustodial parent’s support amount from calculated without a Visitation Adjustment may be reduced by up to 50% of one month’s support. An adjustment may be made for each distinct period of visitation.

3. Income Tax Considerations

If the parties do not agree to share the economic benefits of the dependency exemption for a minor child or, after agreeing, the custodial parent refuses to execute IRS Form 8332, the court shall consider the economic effect to both parties and may adjust child support. The court may also consider any other income tax impacts, regardless of an agreement upon the dependency exemption issue.

4. Special Needs

Special needs of the child are items which 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.

5. Agreement to Support Children Past Minority

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 primary residential custodian seeks to increase the child support for the benefit of any children still under the age of eighteen.

6. Overall Financial Conditions of the Parties

The financial situation of the parties may be reason to deviate from the calculated Basic Parental Child Support Obligation if the deviation is in the best interests of the child. If, for example, either party has more than one job, the circumstances requiring the additional employment should be considered. If the additional employment was historically relied upon by the parties prior to the dissolution of the relationship, then all of the income should be included in the calculation of the child support obligation. However, if the additional employment was secured after the dissolution of the relationship in an effort to meet additional financial responsibilities, consideration should be given to that circumstance, provided that the court shall keep in mind the best interest of the child.

7. Cost of Living Differential

The gross income of a parent shall be adjusted for differences in costs of living in various locations. If one parent lives in another state adjustments will be computed using the states average annual pay as compared to the state of Kansas.

8. Multiple-Family Adjustment

The Multiple-Family Adjustment is used to adjust the noncustodial parent’s child support obligation when the noncustodial parent has legal financial responsibility for the support of other children who reside with the noncustodial parent in addition to the children shared with the custodial parent.

DEFINITIONS:

A. Domestic Gross Income--Wage Earner

The Domestic Gross Income for the wage earner is income from all sources, excluding public assistance and child support received for other children in the custody of either parent. In determining Domestic Gross Income, it may be necessary for the court to consider historical information and the seasonal nature of employment. For example, if overtime is regularly earned by one of the parties, then an historical average of one year should be considered. Income, includes all income which is regularly and periodically received from any source.

For purposes of these guidelines, the term "public assistance" means all income, whether in cash or in-kind, which is received from public sources and for which the recipient is eligible on the basis of financial need. It includes, but is not limited to 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.

Frequently, a wage earner’s income is adjusted for a salary reduction arrangement for qualified benefits offered under a cafeteria plan. In such cases, the use of gross wages (total income before any salary reduction amounts) results in the simplest and fairest application of the guidelines.

Therefore, the gross income of the wage earner, regardless of whether it is taxable or nontaxable, is to be used to compute child support payments.

B. Imputed Income

1. Income may be imputed to the noncustodial parent in
appropriate circumstances, including the following:

a. Absent substantial justification, it should be
assumed that a parent is able to earn at least the
federal minimum wage and to work 40 hours per
week.

b. When a parent is deliberately unemployed, although
capable of working full time, employment potential
and probable earnings may be based on the parent’s
recent work history, occupational skills, and the
prevailing job opportunities in the community.

c. When a parent receives significant in-kind
payments that reduce personal living expenses as a
result of employment, such as a company car, free
housing, or reimbursed meals, the value of such
reimbursement should be added to gross income.

d. When there is evidence that a parent is deliberately
underemployed for the purpose of avoiding child
support, the court may evaluate the circumstances
to determine whether actual or potential earnings
should be used.

2. Income may be imputed to the custodial parent in
appropriate circumstances, but should not result in a
higher support obligation for the noncustodial parent.


C. Self-Employment Gross Income

Self-Employment Gross Income is income from self-employment and all other income. Other income includes all income *which is regularly and periodically received from any source excluding public assistance and child support
received for other children in the custody of either parent.


D. Reasonable Business Expense

In cases of self-employed persons, Reasonable Business Expenses shall be those actual expenditures reasonably necessary for the production of income. Depreciation shall be included only if it is shown that it is reasonably necessary for production of income. Reasonable business expenses shall include the additional self-employment tax paid over and above the FICA rate.

E. Domestic Gross Income--Self-Employed

Domestic Gross Income for self-employed persons is self-employment gross income less Reasonable Business Expenses.

F. Cost of Living Differential

The cost of living may vary among states. The "Average Annual Pay by State and Industry" is used to compute a value by which the cost of living differential is figured. The Average Annual pay by State and Industry is reported by the United States Department of Labor, Bureau of Labor Statistics.

G. Child Support Income

Child Support Income is the Domestic Gross Income after adjustments for child support paid in other cases and for maintenance paid or received in the present case or other cases.

H. Child Support Adjustments

Child Support Adjustments are considerations of additions or subtractions from the Net Parental Child Support