Child support is about more than legal responsibility. For most families, it is a significant component of their budget for housing, groceries, clothing, school supplies, and other expenses. It can also be a critical component of a child’s health insurance and medical care. A Topeka child support lawyer from Stange Law Firm, PC, can help you understand your options.
In Topeka and throughout Kansas, nonpayment of child support can quickly become an immediate and stressful financial burden.
Parents are left to face the questions of what can be done about the nonpaying parent, how child support can be enforced, and what the nonpaying parent may be forced to do to pay child support under Kansas law. Kansas takes its child support laws seriously, and the courts and child support enforcement agencies have a number of tools available for enforcement and collecting past-due support.
Kansas Law and Child Support Obligations
In 2022, the average amount received for child support was $4,515. The average income for the parent receiving child support was $38,896. Additionally, 10.9% of personal income came from child support.
Child support orders in Kansas are generally based on the Kansas Child Support Guidelines, which take into account factors including each parent’s income, parenting time, health insurance, and childcare expenses.
Once the court issues an order for child support, it is a legally binding order. Parents may not pick and choose when they pay child support, or skip months due to a change in circumstances. The parent obligated to pay child support must continue to pay the full amount ordered until the court modifies the support amount. Parents who find they cannot afford their court-ordered child support obligation should take action to request a modification rather than ignoring the order.
What Happens When Child Support Is Missed
If a child support payment is missed, it is not forgotten. Unpaid child support debt keeps accumulating until the full amount is settled. Kansas law requires that child support be paid, and arrears often accrue interest. When parents fall behind on child support, courts will often hold them to a higher standard to resolve arrears.
The parent must file an action for modification, for example, rather than simply letting the arrears grow. In many cases, court enforcement action will be initiated once a parent falls even a small amount behind in child support payments.
Kansas Child Support Enforcement Options
Kansas law provides a number of tools and methods that enforcement agencies and the courts can use to address nonpayment of child support. Some of these include:
- Income withholding. Income withholding is often the most common enforcement action. If a parent’s employer is not withholding support payments, the court can issue or reinstate an income withholding order to begin collecting current child support and arrears.
- Intercepting tax refunds. State or federal tax refunds can be intercepted or attached to recover past-due child support. In some cases, the child support debt may be collected from a parent’s joint tax return, which can create additional stress and issues for a family.
- Suspended licenses. Parents who fall significantly behind in child support payments risk having their driver’s license or certain professional licenses suspended. The threat of license suspension can become a particular hardship when the parent is unable to work without a driver’s license.
- Seizure of items. Enforcement agencies can levy bank accounts and, in some cases, seize assets to satisfy a child support debt.
What if You Are Owed Child Support?
If you are a parent who is owed child support, there are options for receiving the support ordered by the court. Enforcement actions are available, and may often be available through the courts or the Kansas Department for Children and Families. Parents who are owed support should keep detailed and organized records of payments missed. Contact with an attorney can help determine which tools will be most useful in each situation.
About Stange Law Firm, PC
Stange Law Firm, PC, is a multi-state firm that practices in many areas and courts, including at the Shawnee County District Court in Topeka, Kansas. We have been serving clients in divorce and family law cases exclusively since 2007. We know how frustrating and overwhelming issues with child support disputes can be. Our attorneys are here to help you at every stage, with clear answers and responsive communication, along with strong advocacy on your behalf.
FAQs
Q: What Happens if I Miss a Child Support Payment in Kansas?
A: If a child support payment is not made, the amount that is not paid becomes past-due support, also called arrears. Arrears do not simply go away and may be charged interest. Enforcement action may result from even one missed payment if it is not brought up-to-date with payment or with a court-approved modification.
Q: Can I Go to Jail for Not Paying Child Support in Kansas?
A: Yes, in some cases, you can go to jail for not paying child support in Kansas. The court may hold a parent in contempt of court if it finds that they had the ability to pay child support, but did not. Sanctions could include fines, a requirement to make additional payments, or even jail time. However, most courts will order a parent to be jailed only for willful or repeated failure to pay.
Q: Can Child Support Be Reduced if I Lose My Job?
A: It’s possible that child support may be reduced if you lose your job, but only through a court modification. Job loss or reduced income may be a substantial change in circumstances. But child support will not automatically be reduced. Until the order is modified by the court, the full amount is owed, and arrears may continue to accrue.
Q: How Can Child Support Be Enforced in Kansas?
A: Kansas enforces its orders using a number of methods, including wage withholding, tax refund interception, bank account levies, license suspension, credit reporting, and contempt proceedings. The appropriate enforcement tool is based on the amount of support in arrears and the facts and circumstances of the case of the nonpaying parent.
Contact Stange Law Firm, PC, Today
Early resolution can help minimize legal and financial repercussions, whether you are having trouble collecting support or are being enforced for late payments. Stange Law Firm, PC, can help. Contact us today for a consultation.