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 has established child support guidelines via Kansas divorce statutes that 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. Child support amounts and how they are to be delivered are spelled out in the guidelines.Are you just starting out with divorce, and need a blueprint, or guidance, on what to do and NOT do? Things your attorney may not tell you? Allow a Killer Divorce Attorney and a top Marriage Psychologist show you exact steps how to become happily divorced

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• Kansas How to prepare a Parenting Plan
• Kansas Coalition Against Domestic Violence
• Kansas State Bar Association
• Kansas Child Support Enforcement
• Kansas Family Laws
• I.R.S. Perspective on Child Support
• Marriage And Divorce
• State Fact Sheets for Grandparents and Other Relatives Raising Children

Child Custody

The court will apply state guidelines with respect to the issue of child custody based upon the best interests of the child. Factors that can influence the 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;

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• 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

a temporary parenting plan be ordered, the following will apply: 1.) Designation of the temporary legal custody of the child, 2.) designation of a temporary residence for the child, 3.) allocation of parental rights and responsibilities regarding matters pertaining to the child's health, education and welfare, and 4.) 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.

Visitation/Co-Parenting

A schedule of visitation can be formulated 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 schedule 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.

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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. Don't rely that your attorney will think of everything. You set the course; your lawyer navigates. If you anticipate any problems with custody or visitation, we suggest you own Child Custody Strategies.

Alimony/ Maintenance/ Spousal Support

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 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 a disability, 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.

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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.

You may realize that we all need some help processing all this angst. The help can come in the form of friends, relatives or professionals. If you're not inclined to approach family or friends, and unwilling to pay for professional counseling, the next best step would be educating yourself, through reading. This site has a Bookstore sponsored by Amazon.com, where you can find some fabulous books on just about every consideration surrounding divorce. Spend some time and a few bucks to help yourself get through this nightmare in one piece.

Grounds For Divorce

due to insanity is allowed as grounds for divorce. The summary is therefore: 1.) Incompatibility, 2.) failure to perform a material marital duty or obligation; or 3.) incompatibility by reason of mental illness or mental incapacity of one or both spouses. A specific process to determine mental incapacity is mandated by Kansas divorce law.

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Marriage Annulment
Marital Annulment

A marriage annulment is a legal process where a party to a marriage petitions the court to have the marriage annulled, or rendered as never having existed. The burden of proof is greater for an annulment than it is for a dissolution (divorce). In an annulment proceeding, the petitioner must prove with (often with witnesses and exhibits) evidence.

Grounds for annulment in Kansas include: Fraud or misrepresentation-your spouse has misrepresented him or herself to get married with you, Bigamy-If your spouse was already married when s/he married you, Impotency-unable to consummate the marriage, Consanguinity-marrying people too closely related to you (brothers, sister, aunt, uncles, etc), and mental disability- if your spouse is mentally disabled beyond cure.

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Marriage Counseling/
Mediation

The court may order, at any time prior or subsequent to a divorce decree, that any party or parties and any of their children be interviewed by a psychiatrist, licensed psychologist or other trained professional in family counseling, for the purpose of determining whether it is in the best interests of any of the

parties' children that the parties and any of their children have counseling regarding matters of legal custody, residency,visitation or parenting time. Costs of the counseling/mediation will be borne by both or either party. The court may require the parents to attend parent education classes, and require them to be informed about how to prepare a parenting plan, what impact a family dissolution can have on

children, the impact of domestic abuse on children, and any procedures that may help them arrive at an agreement. If parents are unable to resolve issues and agree to a parenting plan, the court may require mediation, unless mediation is determined inappropriate in the particular case.

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Legal Separation/ Marital Separation

A Legal Separation is a legal process where a party to a marriage petitions the court to decree that it never existed. The legal separation will require a separation agreement, resolving all issues surrounding the marriage save its status as a marriage.

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Those issues include custody of any minor child, financial support of child and/or the dependent spouse, and a plan for dividing the marital assets. Applicants seeking legal separation often do so for religious reasons or to preserve health care or insurance coverage. The status of legal separation makes the parties effectively single and able to separate any and all financial dealings from the other. Either may petition the court to "convert" the separation to a dissolution (divorce).

Waiting Period

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Grandparents Rights

Grandparents may petition, and courts may grant visitation for any unmarried minor child during the child's minority.

A grandparent is entitled to reasonable parenting time unless

the court finds, after a hearing, that the exercise of grand parenting time would seriously endanger the child's physical, mental, moral or emotional health. Step-grandparents may be granted visitation rights if petitioned.

State Fact Sheets for Grandparents and Other Relatives Raising Children

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Divorce Settlement

During the separation or divorce process, the parties are given an opportunity to present a divorce settlement of their assets and debts to the court. If they are unable to agree, the court will divide the marital assets consistent with this state being an equitable distribution state. This means that the court will divide the marital property between the parties as it deems equitable and just. The division can be divided unevenly however.

Should the court not divide the marital property equally between the parties, the basis and reasons will be recited in the order entered. Non-marital assets will be returned to who owned it prior to the marriage. When stocks, bonds, or

other securities issued by a corporation, association, or government entity make up part of the marital property, the court will designate in its final order or judgment the specific property in securities to which each party is entitled. The court is not required to address the division of property at the time a divorce decree is entered if either party is involved in a bankruptcy proceeding. Did you come into this marriage owning a house? Concerned about the equity in that house that you brought into the marriage? Worried a divorce settlement will take away what was originally yours? Here's how it works generally. What you brought into the marriage is usually all yours. However, any appreciation of the house or the property value is normally treated as a "marital asset", meaning that you will likely have to give up a half of that

appreciation to your spouse in the divorce.

The courts will set aside to each spouse the separate property of each. Some of the factors the court considers in dividing the property between the parties include: 1. The age of the parties, 2. The duration of the marriage, 3. The property owned by the parties, 4. The parties present and future earning capacities, 5. The time, source and manner of acquisition of the property, 6. Family ties and obligations, 7. The allowance of maintenance or lack thereof, 8. Dissipation of assets, 9. The tax consequences of the parties; and Other such factors the court considers necessary for just and equitable distribution of property.

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Residency Requirements

In order for a petition for divorce to be accepted by the court, either the petitioner or the defendant must have established residency in Kansas prior to the filing. 60 days of uninterrupted residency must have taken place for the petition to be accepted by the court.

Any person who has been a resident of or stationed at a United States post or military reservation within the state for 60 days immediately preceding the filing of the petition may file an action for divorce in any county adjacent to the post or reservation. A spouse may have a residence in this state separate and apart from the residence of the other spouse.

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