Child support is crucial to the support and care of a child when parents are separated or divorced. This support is the right of the child, and both parents have a legal responsibility to provide for their child. Understanding how long child support lasts and what you can do to change it can be helpful for parents who need more support for their children or cannot make their support payments. A child support and modification attorney in Kansas City can help.
Child support payments ensure that each parent is responsible for their share of raising a child, even when they are not living together. Typically, the parent with less responsibility for the child will be ordered to make child support payments. The parent with the higher income may also be the party responsible for support payments. Support payments cover a child’s basic needs and care, as well as extraordinary needs when they apply.
When Does Child Support End in Kansas?
Most often, child support stops when the child receiving support turns 18 years old or graduates from high school, whichever comes later. A child can be emancipated before they turn 18 if they are 16 or 17 and are married, or were given the rights of majority by the court. If a parent is paying child support for multiple children, the support is reduced when each child emancipates.
The court may also have support orders continue for longer under certain circumstances, such as if the child continues to need support for unique reasons. The court also allows child support to continue if both parents agree to continue paying child support through a written agreement.
Modifying Child Support
Once a child support order is created, it must be followed unless it is modified. Child support orders can be changed in certain situations to meet a family’s new needs. Kansas’s Child Support Services (CSS) is the agency responsible for enforcing and managing child support payments. Generally, the CSS will review a child support order every three years to determine if a modification is appropriate.
If it has been less than three years since a support order was created or modified, there are still options for modifying the order, but there must be a substantial change in circumstances. This includes:
- The child turns six or 12
- Either parent has a permanent change in income that meets a certain threshold
The court will review these changes in circumstance and determine if they warrant an increase or decrease in child support payments. If the child’s custody arrangement has changed, this may also impact child support. Other life changes could also be relevant. Discuss your situation with an attorney to determine if you have grounds for a modification of child support.
Enforcing Child Support Payments
If the parent responsible for support payments fails to meet their child support obligation, the parent meant to receive these payments can seek enforcement action. They can seek enforcement with the CSS if payments are made through them or with the court that created the child support order. Enforcement is necessary once payments go into arrears.
The CSS may also take action by itself if a paying parent has failed to meet their obligation for a certain amount of time. Partial payments do not change the consequences of enforcement.
A parent who fails to pay child support can put their co-parent and their children under incredible financial strain. There are many actions that the court or the CSS can take to recover unpaid child support, including withholding income, suspending licenses, and seizing assets.
FAQs
Q: How Long Do Most People Pay Child Support?
A: In Kansas, most child support payments end when a child becomes emancipated or a legal adult. This is typically when the child turns 18, although if the child turns 18 while still in high school, support payments continue until they graduate. The court may also order child support until the child turns 19 if they are still in high school. There are other situations in which a child is considered emancipated before they turn 18, and child support may end then.
Q: Is Kansas Child Support Going to Change in 2024?
A: Many changes were made to Kansas child support, taking effect August 1, 2024. These changes do not affect existing child support orders made under the existing requirements. Existing support orders can, however, be modified by a judge to reflect the new guidelines in the future. It’s important to discuss the updates to the law with an experienced child support attorney to determine how it may affect an ongoing or modification case.
Q: How Much Back Child Support Is a Felony in Kansas?
A: In Kansas, a felony of criminal nonsupport for child support occurs when a parent refuses or neglects to provide for the maintenance and support of their child when their child is in need without a reasonable excuse. Under federal law, it is a felony to:
- Move for the purpose of avoiding support, and the support is unpaid for over a year or accumulates over $5,000
- Willfully refuse to pay support for a child in another state for over two years or for over $10,000 in support
Q: When Can Child Support Be Modified in Kansas?
A: Child support can be modified in Kansas every three years if it is appropriate. If it has been less than three years, the support order can be modified if there is a significant change in circumstances, including:
- The child has turned six or 12, meaning they are in a new age group and have new expenses.
- Either parent has seen a change in income that, when calculated, would change the existing support order by 10% or more.
Provide for Your Financial Stability
Child support payments are important for the health and well-being of children. It is crucial that those payments are fair for both parents, accurately calculated, and end at a reasonable time. A skilled child support attorney can help you determine how to navigate changes in your life and understand how they may impact support orders. Contact Stange Law Firm today.
