How is child support determined in Kansas?
The Kansas Supreme Court has adopted child support guidelines which are used to calculate support. The support is based on both parents' incomes, the cost of health insurance, any work-related day care expense and the number and ages of the children. There are some variables that can enter into this, such as long-distance visitation cost, income tax considerations and the overall financial condition of the parties. If you have the approximate income of both parents, the cost of health insurance, any work-related day care expense and the number and ages of the children, most Kansas attorneys can give you a good estimate of the amount of child support.
QUESTION NO. 2
Can my spouse and I agree on the amount of child support, even if the child support guidelines would provide something different?
Generally this can be done. There are a number of reasons for adjusting the child support to some amount you would agree upon. As long as they are legitimate, this would most likely be approved.
QUESTION NO. 3
Does the amount of child support change as time goes by?
In many instances, the answer is yes. There are three age classifications for child support. 0-6, 7-15 and 16-18. Anytime a child moves into an older age category, the support could be adjusted. Also, if either you or your ex-spouse's income significantly increases or decreases, that is another legitimate reason to adjust the child support.
QUESTION NO. 4
My spouse has just filed for a divorce and our home is in my spouse's name only. Does that mean that my spouse gets the house?
Not necessarily. The court may consider and divide property owned by the parties jointly or individually in determining what is a fair and reasonable division. The fact that certain property is titled in only one spouse's name, normally, makes no difference.
QUESTION NO. 5
My husband and I are getting a divorce. Being the mother, would I automatically get custody of the children?
Not necessarily. First, joint custody is preferred and the Court would need to make specific findings as to why joint custody was not appropriate in order to approve a sole custody arrangement. The guiding principal in custody determinations is what is in the "best interest of the child or children." A husband and wife or mother and father start off on equal footing. The Court has to determine who would be the best residential parent for the children.
QUESTION NO. 6
My wife and I wish to file for divorce. We don't think there will be any dispute. Is it possible for one attorney to handle the divorce for us?
Yes and no. An attorney can only represent one of you, not both of you. If the one of you that is not represented by the attorney understands all of the documents and agrees with them, you may be able to avoid hiring a second attorney. One attorney cannot advise both as to what is fair and equitable. He or she can only give such advice to their client.
QUESTION NO. 7
My wife has filed for divorce and obtained Temporary Orders saying that I need to get out of the house immediately. Do I have any recourse?
Yes. You are entitled to a hearing on the Temporary Orders within 10 days, after you request such a hearing. You should do this as soon as possible. If you do not request a hearing contesting the Temporary Orders, you need to follow them to the letter.
QUESTION NO. 8
Our ex-daughter-in-law will not allow us any contact with our grandchildren. Will the courts help us out in this regard?
Most likely, the answer is yes. Kansas law provides for grandparental visitation. This is most valid in situations where the grandparents' child (either the mother or father of the children) is not in the area and does not exercise frequent visitation with the children. It is also helpful to be able to show a substantial and positive relationship between the grandparents and the grandchildren.
QUESTION NO. 9
Is marriage counseling required in a divorce case?
No. Our judges in the Ninth Judicial District (McPherson and Harvey Counties), do require that parents of minor children attend a Divorce and Child Impact Education Class to acquaint them with the impact of divorce on children. The court can order marriage counseling if one of the parties makes that request, but it is not done automatically.
QUESTION NO. 10
What are the residency requirements for a divorce in Kansas and where can the divorce be filed?
You must be a resident of the State of Kansas for 60 days or more before you can file a divorce. The divorce action can be filed in any county where either of the married parties reside, or in any county in the state where the other party can be served with process (documents to start the divorce case).
QUESTION NO. 11
When my wife and I were married 6 months ago, she had a large number of assets and I had none. We now want to get a divorce. Will the court give me half of my wife's assets?
With such a short marriage, it is likely that the court would try to put the two of you back in the same position you were at the time you were married. It would be very unusual for a 50/50 division to be ordered.
QUESTION NO. 12
My ex-husband has not had any contact with our children for over 4 years. Is it possible for my new husband to adopt them?
Yes. While some step-parent adoptions are done with the consent of the non-custodial parent (they have an incentive to agree because their child support obligation is terminated by the adoption), the law also allows such an adoption without the consent of the non-custodial parent if they have failed or refused to assume the duties of a parent for 2 years prior to the filing of the adoption petition.
QUESTION NO. 13
Does it make any difference in a divorce case as to who files first?
This depends on whether there is an issue regarding temporary possession of a residence, temporary custody of children and temporary child support. The party who files the action normally asks the court to enter orders on these matters, in an "ex parte" conference. This means the other party is not present. If the other party does not agree with the temporary orders, the court will schedule a hearing as soon as possible, but this does involve some delay and additional expense.