Support in Kansas

How Kansas Calculates Child Support

Kansas uses an income shares model to determine child support obligations. The Kansas Child Support Guidelines, adopted by the Kansas Supreme Court and codified under K.S.A. Section 23-3001 et seq., are based on the principle that a child should receive the same proportion of parental income that the child would have received if the parents lived together.

The calculation begins with each parent’s domestic gross income, which includes wages, salaries, commissions, bonuses, pensions, Social Security, disability payments, workers’ compensation, unemployment benefits, investment income, and trust income. Certain adjustments are made, including deductions for maintenance paid to a former spouse, support for other children, and work-related child care costs.

The parents’ combined adjusted incomes are applied to the child support schedule, which produces a total support obligation based on the number of children. Each parent’s share is proportional to their percentage of the combined income. The non-residential parent typically pays their share to the residential parent.

For a broader explanation of how income shares models work, see our guide on how child support is calculated. You can also estimate your potential obligation with our child support calculator.

Parenting Time Adjustments

Kansas applies a parenting time adjustment when the non-residential parent exercises significant overnight parenting time. When the non-residential parent has 35% or more of the annual overnights (approximately 128 nights), the guidelines reduce the support obligation to reflect the direct costs incurred by that parent during their parenting time. This adjustment ensures that the child support calculation accounts for the practical reality that each parent bears expenses when the child is in their care.

Child Support Duration

In Kansas, child support generally continues until the child reaches age 18. However, if the child is still attending high school at age 18, support continues until the child graduates or turns 19, whichever occurs first. The parties may agree to extend support for post-secondary education, though the court cannot order it absent an agreement.

Modification of Child Support

Either parent may petition the court for a modification of child support by demonstrating a substantial change in circumstances. Under the Kansas guidelines, a change of 10% or more in either parent’s income may constitute grounds for modification. Changes in parenting time, a child’s special needs, or changes in the cost of health insurance may also warrant a review.

All modifications take effect from the date the motion is filed. Kansas does not allow retroactive modification of child support arrearages.

Enforcement of Child Support

Kansas uses several methods to enforce child support orders:

• Income withholding (wage garnishment)
• Interception of state and federal tax refunds
• Suspension of driver’s, professional, and recreational licenses
• Contempt of court proceedings
• Liens on real and personal property
• Denial of passport applications
• Credit bureau reporting

The Kansas Department for Children and Families, through its Child Support Services division, assists with enforcement when a parent fails to comply with a support order.

Spousal Maintenance in Kansas

Kansas courts may award spousal maintenance under K.S.A. Section 23-2904. Unlike many states, Kansas limits the duration of maintenance to a maximum of 121 months (approximately 10 years). Maintenance may be paid in monthly installments or as a lump sum.

The court considers the following factors in determining whether to award maintenance and in what amount:

• The age and physical and emotional condition of the parties
• The duration of the marriage
• The standard of living established during the marriage
• The ability of the supported party to become self-supporting and the time and expense required for training or education
• The property awarded to each party
• The earning capacity of each party

Maintenance terminates upon the death of either party, the remarriage of the recipient, or the establishment of a cohabitation arrangement that reduces the recipient’s financial need.

When to Seek Legal Guidance

Kansas child support and maintenance laws involve specific guidelines and caps that can significantly affect the outcome of your case. If you are evaluating child support or spousal maintenance in Kansas, consider scheduling a free consultation with an experienced family law attorney.

Statutes referenced: K.S.A. Section 23-3001 et seq. (child support guidelines), K.S.A. Section 23-2904 (spousal maintenance).