Kansas Child Support Calculator
Uses the Kansas Income Shares model — domestic gross income schedule
Table of Contents
How Kansas Calculates Child Support
Kansas uses the Income Shares model for calculating child support obligations, governed by the Kansas Child Support Guidelines established under Kansas Supreme Court Administrative Order No. 307 and codified in the Kansas Administrative Regulations (K.A.R.) 30-46-15. This model operates on the fundamental economic principle that children should receive the same proportion of parental income they would have received if the parents lived together in a single household.
The Kansas child support calculation process begins with determining each parent's domestic gross income, which is a concept unique to Kansas that encompasses virtually all income from any source. From this domestic gross income, the court subtracts certain allowable deductions to arrive at each parent's adjusted income. The adjusted incomes of both parents are then combined and used to look up the basic child support obligation from the Kansas Child Support Schedule, a detailed table that correlates combined income with the estimated cost of raising children.
Each parent's share of the basic support obligation is proportional to their contribution to the combined adjusted income. The non-custodial parent's share becomes the base child support amount, to which proportional shares of additional expenses such as health insurance premiums, work-related childcare costs, and other extraordinary expenses are added. Kansas also incorporates a parenting time adjustment when the non-custodial parent exercises significant parenting time, defined as more than 128 overnights per year.
The Kansas Child Support Guidelines Framework
The Kansas Supreme Court established the Kansas Child Support Guidelines to ensure uniformity and fairness in child support orders across the state. These guidelines are periodically reviewed and updated to reflect current economic data on the cost of raising children. The most recent significant revision brought the guidelines into alignment with updated economic research on child-rearing expenditures conducted by the United States Department of Agriculture and academic economists.
Under Kansas law, the guideline amount creates a rebuttable presumption that it is the correct amount of child support. This means the court must order the guideline amount unless a party can demonstrate that applying the guidelines would be unjust or inappropriate in their specific case. The Kansas Child Support Guidelines Advisory Committee regularly reviews the guidelines and recommends updates to the Kansas Supreme Court to ensure they remain equitable and reflective of current economic conditions.
Kansas courts use the Child Support Worksheet to perform the actual calculation. There are three versions of the worksheet: Worksheet 1 for sole or primary residential custody, Worksheet 2 for split custody (where each parent has primary custody of at least one child), and Worksheet 3 for shared or equal custody arrangements. Each worksheet follows the same general methodology but incorporates different adjustments based on the custody arrangement.
Understanding Domestic Gross Income in Kansas
Kansas uses the term domestic gross income rather than simply "gross income" to define the income base for child support calculations. Domestic gross income is broadly defined to include income from virtually all sources, ensuring that the child support calculation reflects the true financial capacity of each parent. Understanding exactly what constitutes domestic gross income is critical because it forms the foundation of the entire calculation.
Sources Included in Domestic Gross Income
Kansas domestic gross income includes, but is not limited to, the following sources:
- Wages, salary, and tips from employment, including regular and overtime pay
- Commissions and bonuses, typically averaged over a reasonable period
- Self-employment income, calculated as gross receipts minus ordinary and necessary business expenses
- Workers' compensation benefits
- Unemployment insurance benefits
- Disability payments, including short-term and long-term disability insurance
- Social Security benefits, including retirement, disability, and survivor benefits
- Pensions and retirement income
- Annuity payments
- Trust income and distributions
- Dividends and interest income
- Rental income, net of reasonable expenses
- Royalties
- Spousal maintenance received from any source
- Military pay and allowances, including BAH and BAS
- Severance pay and golden parachute payments
Income Excluded from the Calculation
Certain types of income are specifically excluded from the domestic gross income calculation in Kansas:
- Means-tested public assistance such as Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), and Supplemental Nutrition Assistance Program (SNAP) benefits
- Child support received for other children
- Adoption assistance subsidies
- Foster care payments
- Income of a new spouse, although it may be considered in determining the parent's ability to pay
Combined adjusted income is then used with the Kansas Schedule to find the basic obligation
Allowable Deductions from Domestic Gross Income
Kansas allows several deductions from domestic gross income to arrive at the adjusted income figure used in the child support calculation:
- Court-ordered child support actually paid for children from other relationships
- Court-ordered spousal maintenance actually paid
- Federal and state income tax withholding based on proper filing status and exemptions (actual withholding, not estimated)
- FICA taxes (Social Security and Medicare) and self-employment taxes
- Mandatory retirement contributions required as a condition of employment
- Union dues required as a condition of employment
It is important to note that Kansas does not allow deductions for voluntary retirement contributions, voluntary payroll deductions for savings or insurance beyond what is required, or personal debt payments. The purpose of the deduction framework is to identify the income that is truly available for child support purposes.
Imputed Income in Kansas
When a parent is voluntarily unemployed or underemployed, Kansas courts can impute income to that parent based on their earning capacity. The court considers factors such as the parent's work history, education, job skills, local employment opportunities, the parent's age and health, and any special training or certifications. Kansas courts are particularly careful about imputing income to primary custodial parents with young children, recognizing that childcare responsibilities may limit employment options.
The Kansas guidelines provide that income should be imputed based on what the parent could reasonably be expected to earn given their qualifications and the job market in their area. Kansas courts have held that imputed income should not be based on the maximum earning capacity of the parent but rather on what they could realistically be expected to earn in the current economic environment.
The Kansas Child Support Schedule
The Kansas Child Support Schedule is the central lookup table used to determine the basic child support obligation based on the combined adjusted income of both parents and the number of children. The schedule is derived from economic data on the proportion of household income that families at various income levels typically spend on their children. Kansas periodically updates the schedule to reflect current economic research and cost-of-living adjustments.
| Combined Monthly Income | 1 Child | 2 Children | 3 Children | 4 Children | 5 Children |
|---|---|---|---|---|---|
| $800 | $192 | $308 | $362 | $398 | $426 |
| $1,500 | $295 | $472 | $555 | $611 | $653 |
| $2,500 | $413 | $661 | $777 | $855 | $914 |
| $3,500 | $518 | $830 | $976 | $1,073 | $1,148 |
| $5,000 | $655 | $1,048 | $1,232 | $1,355 | $1,449 |
| $7,000 | $820 | $1,312 | $1,542 | $1,697 | $1,815 |
| $10,000 | $1,032 | $1,651 | $1,941 | $2,135 | $2,284 |
| $12,500 | $1,198 | $1,917 | $2,253 | $2,479 | $2,652 |
| $15,000 | $1,344 | $2,150 | $2,527 | $2,780 | $2,974 |
| $20,000 | $1,590 | $2,544 | $2,991 | $3,290 | $3,520 |
Note: This is a simplified excerpt from the Kansas Child Support Schedule. The actual schedule contains many more income levels and is updated periodically. Intermediate income amounts are calculated by interpolation between the listed values.
How to Read the Kansas Schedule
To use the Kansas Child Support Schedule, first calculate the combined adjusted monthly income of both parents. Find the row in the schedule that corresponds to this combined income (or interpolate between two adjacent rows if the exact amount is not listed). Then read across to the column for the number of children involved in the case. The resulting figure is the basic child support obligation, which represents the total amount both parents should contribute to the direct costs of raising the children.
The basic child support obligation is then divided between the parents in proportion to their respective shares of the combined adjusted income. For example, if Parent 1 earns 60% of the combined income and Parent 2 earns 40%, Parent 1 is responsible for 60% of the basic support obligation. In a sole custody arrangement, the non-custodial parent's proportionate share becomes the base child support payment, adjusted for additional expenses and parenting time credits.
Parenting Time Adjustments in Kansas
Kansas recognizes that the amount of time a non-custodial parent spends with the children directly affects the costs each parent incurs for the children's care. The Kansas Child Support Guidelines incorporate a parenting time adjustment that can reduce the non-custodial parent's support obligation when they exercise significant parenting time.
The parenting time adjustment in Kansas applies when the non-custodial parent has the children for more than 128 overnights per year, which is approximately 35% of the time. This threshold is important because it reflects the point at which the non-custodial parent is incurring sufficient direct costs for the children's care that an adjustment to the guideline amount is warranted.
How the Adjustment Works
When the parenting time threshold is met, Kansas uses a formula that considers both parents' proportionate shares of the combined income and the time each parent spends with the children. The adjustment recognizes that as the non-custodial parent's time increases, their direct costs for housing, food, transportation, and other child-related expenses also increase, while the custodial parent's costs decrease proportionally.
For truly equal parenting time arrangements (approximately 182.5 overnights each), Kansas uses Worksheet 3, which calculates each parent's obligation separately and offsets them against each other. The parent with the higher obligation pays the difference to the other parent. This approach ensures that support flows in the appropriate direction even in equal time-sharing arrangements.
Standard Custody
Non-custodial parent has fewer than 128 overnights per year. Standard guideline calculation applies with no parenting time adjustment.
Extended Parenting Time
Non-custodial parent has 128+ overnights per year (35%+). Parenting time adjustment reduces the obligation proportionally.
When Courts Deviate from Kansas Guidelines
While the Kansas child support guidelines create a rebuttable presumption that the calculated amount is correct, courts have the authority to deviate from the guidelines when applying them would produce an unjust or inappropriate result. However, any deviation must be supported by written findings of fact explaining the specific reasons for the deviation and how the court arrived at the alternative amount.
Common reasons Kansas courts deviate from the guidelines include:
- Extraordinary medical expenses for a child with special healthcare needs
- Special educational needs requiring private schooling or tutoring
- Long-distance travel expenses for parenting time when parents live far apart
- Income above the schedule maximum where the court must exercise discretion
- Seasonal or highly variable income that makes the standard calculation misleading
- The child's own income or assets that substantially offset the need for parental support
- Extreme financial hardship on the paying parent due to extraordinary circumstances beyond their control
- Prior agreement between the parents that meets the child's needs and is in the child's best interest
- Tax consequences of the support arrangement that significantly affect the parties' financial positions
Kansas courts approach deviations carefully and require clear justification. The party requesting the deviation bears the burden of demonstrating that the guideline amount would be unjust or inappropriate. Statistical data suggests that deviations occur in a minority of Kansas child support cases, reflecting the strength of the presumption that the guidelines produce fair outcomes.
How to Modify Child Support in Kansas
Child support orders in Kansas can be modified when there has been a material change in circumstances since the last order was entered or last modified. Kansas law provides a specific standard: if recalculating child support under the current guidelines produces an amount that differs by 10% or more from the existing order, this difference is presumed to constitute a material change in circumstances warranting modification.
Either parent may file a motion to modify child support in the district court that issued the original order. The motion should detail the changed circumstances and include current financial documentation. Common grounds for modification include:
- Significant change in either parent's income, whether an increase or decrease
- Loss of employment that is involuntary and not the result of deliberate conduct
- Changes in the custody or parenting time arrangement
- Changes in the cost of health insurance for the children
- Changes in work-related childcare expenses
- A child aging out of the order (reaching 18 or graduating from high school)
- Disability or serious illness affecting a parent's earning capacity
- Changes in the cost of living since the last order
The Modification Process in Kansas
The Kansas modification process begins with filing a motion to modify in the appropriate district court. The filing parent must serve the other parent with notice of the motion and provide updated financial information, typically through the Kansas Domestic Relations Affidavit. Both parents are required to disclose their current income, expenses, and financial obligations.
If both parents agree to the modification, they can present a stipulated agreement to the court for approval. If they disagree, a hearing is held where both sides present evidence. The court then recalculates child support using the current guidelines and determines whether the resulting amount warrants modification of the existing order.
Modifications in Kansas are generally effective from the date the motion is filed, not retroactively. This means parents who experience a change in circumstances should file for modification promptly. Continuing to pay the existing order amount until it is officially modified is legally required, even if circumstances have changed significantly.
Kansas Child Support Enforcement Services
The Kansas Department for Children and Families (DCF) administers the state's child support enforcement program through its Child Support Services division. DCF can assist with locating non-custodial parents, establishing paternity, establishing child support orders, modifying existing orders, and enforcing payment. These services are available to any parent with a child support case, regardless of income level.
Enforcement of Kansas Child Support
Kansas employs a comprehensive array of enforcement mechanisms to ensure compliance with child support orders. The Kansas Department for Children and Families (DCF) Child Support Services is the primary agency responsible for enforcement, working in conjunction with the courts and the Kansas Judicial Branch.
Enforcement tools available in Kansas include:
- Income withholding orders (IWOs): Kansas mandates income withholding for virtually all child support orders. Employers must deduct child support from the non-custodial parent's wages and remit it through the Kansas Payment Center.
- Tax refund interception: Both state and federal tax refunds can be intercepted to satisfy past-due child support through the Federal Tax Refund Offset Program.
- License suspension: Kansas can suspend driver's licenses, professional licenses, and recreational licenses when child support arrearages exceed certain thresholds.
- Contempt of court: Parents who willfully fail to pay child support can be held in contempt, facing fines and potential incarceration of up to six months per contempt finding.
- Liens on property: Kansas can place liens on real property, personal property, and financial accounts to secure past-due child support.
- Credit bureau reporting: Past-due child support exceeding a certain threshold is reported to all three major credit bureaus.
- Passport denial: The federal government can deny or revoke passports for individuals owing more than $2,500 in arrearages.
- Financial institution data match: Kansas participates in a program that matches child support debtors with accounts at financial institutions for potential seizure.
- Workers' compensation and insurance settlement interception: Liens can be placed against workers' compensation awards and insurance settlements.
Interest on Child Support Arrearages in Kansas
Under Kansas law, past-due child support accrues interest at the statutory rate, which is currently calculated based on the federal funds rate plus a specified margin. Interest compounds and can significantly increase the total amount owed over time. This interest provision serves as a strong financial incentive for non-custodial parents to maintain current payments and also helps compensate the custodial parent and children for the delay in receiving support.
Kansas participates in the Uniform Interstate Family Support Act (UIFSA), which facilitates enforcement of child support orders across state lines. This means that a Kansas child support order can be enforced in any other state, and orders from other states can be enforced in Kansas. The Kansas Central Registry coordinates interstate cases with other states' child support agencies.
Kansas Child Support and Taxes
Understanding the tax implications of child support is essential for both paying and receiving parents in Kansas. Under current federal tax law (which applies uniformly across all states), child support payments are neither taxable income to the recipient parent nor tax-deductible for the paying parent. This treatment has been consistent for child support, distinguishing it from alimony/spousal maintenance which had different tax treatment prior to the Tax Cuts and Jobs Act of 2017.
Key tax considerations for Kansas child support cases include:
- Dependency exemptions and child tax credit: The custodial parent generally has the right to claim the child as a dependent for federal tax purposes. However, the custodial parent can release this right using IRS Form 8332, allowing the non-custodial parent to claim the dependency exemption and child tax credit. Kansas courts sometimes order this as part of the child support arrangement.
- Earned Income Tax Credit (EITC): Only the custodial parent can claim the EITC with respect to the qualifying children, regardless of who claims the dependency exemption.
- Head of household filing status: The custodial parent may qualify for the more favorable head of household filing status, which provides a larger standard deduction and lower tax rates.
- Kansas state income tax: Kansas state income tax treatment of child support mirrors the federal treatment. Payments are neither deductible by the payer nor includable in income by the recipient.
- Medical expense deductions: Either parent can deduct unreimbursed medical expenses they pay for the child, subject to the AGI threshold, regardless of who claims the dependency exemption.
- Childcare credits: The parent who pays for work-related childcare and with whom the child resides for the greater portion of the year can claim the Child and Dependent Care Credit.
Frequently Asked Questions
Other State Child Support Calculators
Child support laws vary significantly from state to state. If you need to calculate child support for a different state, use one of our other state-specific calculators: