Kansas Divorce Laws- Dissolution of Marriage

Kansas Child Support

Both or either party may be ordered to pay a reasonable amount necessary for the support of a child in a divorce or legal separation proceeding. Kansas child support laws mandate the correct amount of child support to be assigned. The court has the latitude to deviate from the guidelines if it finds applying the guidelines would result in an unjust or inappropriate award.

Support laws are based on gross income, defined as income from all sources excluding public assistance and child support received for other children in the residency of either parent.

Self-employment income is defined as all income less any reasonable business expenses.

If a parent is capable of employment but is intentionally unemployed or underemployed, the courts may impute (or assign) an amount of income for purposes of calculating the amount of support that should be paid. Exclusions from gross income can include child support obligations that are actually paid or received in other pre-existing cases (If one parent is paying child support from a previous marriage or partnership, those payments typically get deducted from the paying parent's gross income).

Adjustments to child support amounts must be applied for to the court, where the burden of proof to justify the adjustment falls to the parent requesting the judgment.

Orders requiring payment will include the mandatory use of the Kansas child support distribution unit. Payment to them can be by check or electronic transfer. The payor will be required to keep accurate records of payment, and maintain records. Failure to make payments are grounds for immediate modification of the order to require payments to be made through the state distribution unit for collection and disbursement of support payments.

Child support ends when the child turns 18 or graduates from High School, whichever comes second, unless the court has established special conditions, or the parents have entered into an agreement in writing to extend them. Provisions are in place to extend the age of termination in special circumstances.

Kansas Child Custody

The court will apply state guidelines with respect to the issue of child custody based upon the best interests of the child. You're going to get one shot at getting the parenting time thing down the way you want it, by negotiating and then agreeing with your divorcing spouse. Either you and your dear spouse agree on a Parenting Plan and Child Visitation Schedule, or the court will impose one, and one of you is sure to not like it. Factors that can influence the court's decision include:

	The length of time the child has been under the actual care and control of any person other than a parent;
	The desires of the child;
	The interaction and interrelationship of the child with parents;
	The child's adjustment to the child's home, school and community;
	The willingness and ability of each parent to respect and appreciate the bond between child and other parent; and,
	Evidence of spousal abuse.

It is strongly recommended that you establish a Parenting Plan with your divorcing spouse, because if you don't, the court will, and it may be less or much less than you had hoped for. The court has the ability to order joint or sole legal child custody.

If you are anything like the rest of us, you may be uncertain how to come up with a residency plan, and might be inclined to let a lawyer draw one up, unless you use Parenting Plan software. Where disagreements over sole or joint physical custody remain, and the court determines that the parties are unable to jointly agree to a parenting plan, the court will impose its own plan based upon the best interests of the child. A temporary parenting plan including temporary child custody can be ordered. Should a temporary parenting plan be ordered, the following will apply:

	designation of the temporary legal custody of the child,
	designation of a temporary residence for the child,
	allocation of Parental Rights and responsibilities regarding matters pertaining to the child's health, education and welfare, and
	a schedule for the child's time with each parent, when appropriate.

A parent is entitled to reasonable parenting time unless the court finds, after a hearing, that the exercise of parenting time would seriously endanger the child's physical, mental, moral or emotional health.

Download Kansas Divorce Forms

Child Visitation
Co Parenting

A Schedule of Visitation can be cobbled together by the parents and submitted to the court as part of the settlement agreement for a separation or dissolution

(divorce). If the parents cannot agree on a Parenting Plan for when the children are parented by the non-custodial parent, the court will step in and make an order covering all aspects of visitation. Generally speaking, it is wise to meet your divorcing spouse in the middle on these matters, because the court's parenting plan is likely to make one of you unhappy, and you don't want that 'one of you' to be YOU.

Typical considerations by the court will be alternate weekend visitation (3-day weekends included), mid-week visitation, sharing of the children during periods of school recess -winter, spring and summer, New Year's Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years, Father's Day with Father, Mother's Day with Mother, alternate years on the children's birthdays, and open communication by phone and computer. 

Be aware that you have to guide your side of the divorce. If you get versed in Kansas divorce laws and you get an agreement to a Child Custody Agreement in place, you stand a much better chance of getting what you need from the divorce. Don't rely that your attorney will think of everything. You set the course; your lawyer navigates.    

Spousal Support
Alimony in Kansas
Maintenance

In Kansas, alimony is referred to as maintenance, and is often limited to three years as it is designed to be a temporary measure. This approach is not the norm across the states. Alimony (or spousal support) can be awarded if two scenarios are identified:

	a spouse who has been married for a minimum of ten years and cannot support themselves may qualify for alimony a.k.a. maintenance.
	The second situation would include family violence in which a spouse is convicted during the filing.

When the final decree is gaveled, the court will make orders concerning the alimony of the wife or the husband and the care of the children, if there are any. Alimony will automatically cease in Kansas if any of the following occur:

	The date of the remarriage of the person who was awarded the alimony; or the establishment of a relationship that produces a child or children and results in a court order directing another person to pay support to the recipient of alimony, which circumstances would be considered the equivalent of remarriage; or
	The establishment of a relationship that produces a child or children and results in a court order directing the recipient of alimony to provide support of another person who is not a descendant by birth or adoption of the payer of the alimony, which circumstances shall be considered the equivalent of remarriage.

Kansas uses the family or spousal support chart provided by legislation. That chart is to be revised every (4) years, by Kansas law. Child support typically terminates at the child's 18th birthday, but can be extended if the child's age of majority occurs before high school graduation. Should a child have special needs, child support can be extended.

The courts have the discretion to award alimony in fixed payments for a specified period, subject to death or remarriage of the recipient. All orders requiring payments of money for the support and care of any children shall direct the payments to be made through the registry of the court unless the court in its discretion determines that it would be in the best interest of the parties to direct otherwise.

The alimony/spousal support/maintenance award may not exceed 121 months. 

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