Child support is one of the most important financial responsibilities a parent has after separation or divorce. In Kansas, these payments are guided by court orders designed to ensure that children receive consistent support for their everyday needs. Whether you are paying or receiving support, understanding how a Kansas child support order works will help you navigate the process with clarity and confidence.
What Is a Kansas Child Support Order?
A Kansas child support order is a legal document issued by a court that sets out how much financial support one parent must provide for their child. It is legally binding and enforceable, meaning failure to follow the order can result in penalties.
The order ensures that both parents contribute fairly to their child’s upbringing. Child support covers more than just food and clothing, it includes housing, healthcare, school expenses, and other needs necessary for the child’s well-being.
Orders are based on the Kansas Child Support Guidelines, which use the Income Shares Model. This model assumes that children should receive the same proportion of parental income they would have received if their parents lived together.
Who Issues Child Support Orders in Kansas?
Child support orders in Kansas are issued by district courts. Judges or hearing officers determine the support amount using the guidelines set by the Kansas Supreme Court.
The Office of Judicial Administration oversees updates to the guidelines, which are reviewed every four years. This ensures that the formulas reflect current economic conditions and family needs.
In many cases, parents apply through the Kansas Department for Children and Families (DCF), which provides child support services such as locating parents, establishing paternity, and helping enforce orders.
How Kansas Child Support Is Calculated
Kansas uses a formula outlined in the guidelines to calculate support. The formula considers several factors:
- Gross income of both parents (wages, salaries, business income, unemployment, retirement benefits, etc.).
- Number of children being supported.
- Age of the children (since older children may have higher costs).
- Childcare expenses, health insurance, and medical costs.
- Parenting time (the amount of time the child spends with each parent).
The result is a basic child support obligation, which is then divided proportionally between parents according to their share of combined income.
Example Table: Income and Child Support Division
Parent | Gross Monthly Income | % of Combined Income | Share of Support Obligation |
Parent A | $3,000 | 60% | 60% of obligation |
Parent B | $2,000 | 40% | 40% of obligation |
If the total obligation for two children is $1,200, Parent A would pay $720 and Parent B would pay $480. Adjustments may apply for health insurance, daycare, or extraordinary needs.
Establishing a Child Support Order in Kansas
Creating a Kansas child support order is the first step in making sure that financial support for a child is legally recognized and enforceable. While parents may make informal agreements between themselves, only a court order guarantees that payments are tracked, enforceable, and backed by state law.
The process to establish an order generally follows these steps:
1. Application for Services
A child support case begins when one parent, or sometimes the state, files a request with the district court. Parents who receive public assistance are often automatically referred to child support services. Others can apply through the Kansas Department for Children and Families (DCF) Child Support Services or hire a private attorney. The DCF helps parents with locating the other parent, preparing paperwork, and even enforcing payments after an order is in place.
2. Paternity Determination
If the parents were not married when the child was born, the court must first establish paternity. This is necessary before support can be ordered, because the law requires clear proof of parentage. Paternity can be established voluntarily, by signing an Acknowledgment of Paternity form, or through court proceedings, which may include genetic testing. Once paternity is confirmed, the court can move forward with support calculations.
3. Filing Financial Affidavits
Both parents must submit detailed financial affidavits. These forms disclose income, expenses, childcare costs, insurance coverage, and any other financial information the court needs to calculate support. The goal is transparency, so the court can fairly divide the responsibility. Failure to provide complete or accurate financial information can delay the process or result in penalties.
4. Court Hearing
After the paperwork is filed, the case is set for a court hearing. During the hearing, the judge or hearing officer reviews the financial information, parenting arrangements, and any special circumstances. Kansas law requires the court to follow the Kansas Child Support Guidelines, which use the Income Shares Model to determine the obligation. Parents may present evidence, raise objections, or request special adjustments (such as credits for paying health insurance or travel costs for visitation).
5. Issuance of the Child Support Order
Once the court has reviewed the case, it issues a child support order. This order sets the payment amount, frequency, and method of collection. It is legally binding on both parents. The order may also include provisions for medical support, requiring one or both parents to provide health insurance or share medical expenses.
How Payments Are Collected
Kansas uses the Kansas Payment Center (KPC) in Topeka to process all child support payments. This ensures that payments are recorded and distributed properly.
Parents should avoid paying each other directly because those payments may not be recognized by the court. Instead, all payments go through KPC.
Payments can be made by:
- Wage withholding (most common).
- Online transfers via the KPC website.
- Mailed checks or money orders.
- Automatic bank drafts.
Recipients can receive payments through direct deposit or a prepaid debit card.
Kansas Child Support Payment Options
Payment Method | Processing Time | Notes |
Employer wage withholding | 1-2 business days | Most reliable and automatic. |
Online payment (KPC website) | 1-2 business days | Requires account setup. |
Mailed a check or money order | 5-7 business days | Slower, risk of mail delays. |
Automatic bank draft | 1-2 business days | Convenient for self-employed parents. |
Modifying a Kansas Child Support Order
Life circumstances often change, and Kansas law allows for child support orders to be modified when necessary. A parent may request a modification if:
- The income of either parent significantly increases or decreases.
- The cost of healthcare, childcare, or education changes.
- The child’s needs increase due to age or medical conditions.
- Parenting time arrangements shift.
To request a modification, the parent must file a Motion to Modify Child Support with the district court. Generally, modifications are granted if the new calculation would change the support amount by 10% or more.
It is important to note that changes are not retroactive. A modification only applies from the date the motion is filed forward.
Duration of Kansas Child Support Orders
Child support in Kansas usually lasts until:
- The child turns 18, or
- The child turns 19 if still attending high school full-time.
In cases involving children with severe disabilities, support may continue beyond the age of majority if ordered by the court.
Parents cannot unilaterally stop paying support when a child reaches adulthood. They must ensure that the court terminates the order or modifies it accordingly.
Enforcement of Child Support Orders
Once a Kansas child support order is in place, parents are legally required to follow it. If payments stop or fall behind, the state has powerful tools to ensure children continue receiving the financial support they need. Kansas considers child support enforcement a top priority because unpaid support directly affects a child’s well-being.
Here are the main enforcement methods used in Kansas:
Income Withholding Orders
The most common enforcement tool is automatic wage withholding. When the court issues a child support order, it often includes an income withholding order. This requires the paying parent’s employer to deduct support directly from their paycheck. Payments are sent to the Kansas Payment Center, ensuring that funds are tracked and properly credited. If the parent changes jobs, the withholding order must be transferred to the new employer.
Tax Refund Intercepts
Parents who fall behind on child support may see their state or federal tax refunds intercepted. Instead of receiving a refund, the overdue child support (arrears) is applied to the balance owed. This can be especially effective for recovering larger amounts when parents owe multiple months of back support.
License Suspension
If payments are seriously delinquent, Kansas can suspend various licenses, including:
- Driver’s licenses
- Professional licenses (such as nursing, legal, or teaching licenses)
- Recreational licenses (like hunting or fishing permits)
The suspension is lifted only when payment arrangements are made, which creates strong motivation for compliance.
Liens on Property
The court can place a lien on property owned by the non-paying parent, such as vehicles, real estate, or boats. This means the property cannot be sold or refinanced until the child support debt is paid. In some cases, property can even be seized and sold to satisfy the arrears.
Credit Reporting
Overdue support is reported to the major credit bureaus, which lowers the parent’s credit score. A damaged credit history can make it difficult to get loans, rent housing, or even apply for certain jobs. This long-term consequence encourages parents to stay current on their payments.
Contempt of Court
Parents who deliberately refuse to follow a support order may be found in contempt of court. Penalties can include fines, wage garnishment, and in severe cases, jail time. Judges often allow parents to avoid jail by agreeing to a payment plan that includes current support plus a portion of arrears.
Criminal Non-Support
In extreme cases, Kansas law treats non-payment as a crime. Criminal non-support applies when a parent willfully avoids paying child support despite having the ability to do so. If a parent moves out of state to escape obligations, federal charges may apply under the Deadbeat Parents Punishment Act. Convictions can result in probation or imprisonment.
Stopping a Kansas Child Support Order
Child support does not end automatically in all cases. Parents may need to file a motion with the court to stop or reduce payments. Common reasons include:
- The child reaches the age of majority.
- The child graduates high school or turns 19.
- Custody arrangements change.
- The child becomes legally emancipated.
Unpaid support (arrears) remains collectible even after the obligation ends.
Common Questions About Kansas Child Support Orders
How is a Kansas child support order different from other states?
Kansas uses the Income Shares Model, similar to many states, but regularly reviews and updates its guidelines. Kansas courts also apply special adjustments for custody sharing, medical expenses, and multiple families, making the system more tailored to real-life situations.
What if the other parent lives in another state?
Kansas can enforce child support orders across state lines under the Uniform Interstate Family Support Act (UIFSA). This law allows states to cooperate in collecting payments from non-resident parents.
Can unpaid child support be forgiven?
No. Unpaid child support, known as arrears, does not go away. It can only be reduced or adjusted through a court order, and interest (10% annually) may be added.
Can grandparents request child support?
Yes. If grandparents have legal custody of a child, they may receive support from the child’s parents. The court ensures the financial responsibility remains with the parents, even if grandparents are the primary caregivers.
What happens if the paying parent goes to jail?
Child support does not automatically stop. However, parents who cannot earn income while incarcerated may request a modification. Courts may pause or reduce payments, but arrears may still accumulate if no modification is filed.
Final Thoughts
A Kansas child support order is more than just a legal document, it is a tool to ensure that children receive the financial support they need to thrive. From calculation and payment processing to enforcement and modification, Kansas law provides clear rules to balance fairness between parents while prioritizing the child’s best interests.
Whether you are paying or receiving support, understanding your rights and obligations can help you avoid costly mistakes and keep your child’s needs at the center of the process.