State Codes and Statutes

Statutes > Kansas > Chapter38 > Article22 > Statutes_16257

38-2277

Chapter 38.--MINORS
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN

      38-2277.   Determination of child support.(a) In determining the amountof a child support order under the code, the court shall apply theKansas child support guidelines adopted pursuant to K.S.A. 20-165, andamendments thereto.

      (b)   If the appropriate amount of support under the Kansas child supportguidelines cannotbe determined because any necessary fact is not proven by evidence or bystipulation of theappropriate parent, the court shall apply one or more of the followingpresumptions:

      (1)   Both parents have only gross earned income equal to 40 hours per week atthe federalminimum wage then in effect;

      (2)   neither parent's income is subject to adjustment for any reason;

      (3)   the number of children is as alleged in the petition;

      (4)   the age of each child is as alleged in the petition or, if unknown, isbetween seven and 15years;

      (5)   no adjustment for child care, health or dental insurance or income taxexemption isappropriate; or

      (6)   neither parent is entitled to any other credit or adjustment.

      (c)   If the county or district attorney determines that: (1) A parent willcontest the amount ofsupport resulting from application of the guidelines; (2) the parent is or maybe entitled to anadjustment pursuant to the guidelines; and (3) it is in the child's bestinterests to resolve the supportissue promptly and with minimal hostility, the county or district attorney mayenter into a stipulationwith the parent as to the amount of child support for that parent. The amountof support may bebased upon one or more of the presumptions in subsection (b). Except for goodcause or as otherwiseprovided inK.S.A. 2009 Supp.38-2279, and amendments thereto, a stipulationunder thissubsection shall be bindingupon the court and all parties or interested parties. The criteria forapplication of this subsection shall be incorporated into the journal entry orjudgment form.

      History:   L. 2006, ch. 200, § 72; Jan. 1, 2007.

State Codes and Statutes

Statutes > Kansas > Chapter38 > Article22 > Statutes_16257

38-2277

Chapter 38.--MINORS
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN

      38-2277.   Determination of child support.(a) In determining the amountof a child support order under the code, the court shall apply theKansas child support guidelines adopted pursuant to K.S.A. 20-165, andamendments thereto.

      (b)   If the appropriate amount of support under the Kansas child supportguidelines cannotbe determined because any necessary fact is not proven by evidence or bystipulation of theappropriate parent, the court shall apply one or more of the followingpresumptions:

      (1)   Both parents have only gross earned income equal to 40 hours per week atthe federalminimum wage then in effect;

      (2)   neither parent's income is subject to adjustment for any reason;

      (3)   the number of children is as alleged in the petition;

      (4)   the age of each child is as alleged in the petition or, if unknown, isbetween seven and 15years;

      (5)   no adjustment for child care, health or dental insurance or income taxexemption isappropriate; or

      (6)   neither parent is entitled to any other credit or adjustment.

      (c)   If the county or district attorney determines that: (1) A parent willcontest the amount ofsupport resulting from application of the guidelines; (2) the parent is or maybe entitled to anadjustment pursuant to the guidelines; and (3) it is in the child's bestinterests to resolve the supportissue promptly and with minimal hostility, the county or district attorney mayenter into a stipulationwith the parent as to the amount of child support for that parent. The amountof support may bebased upon one or more of the presumptions in subsection (b). Except for goodcause or as otherwiseprovided inK.S.A. 2009 Supp.38-2279, and amendments thereto, a stipulationunder thissubsection shall be bindingupon the court and all parties or interested parties. The criteria forapplication of this subsection shall be incorporated into the journal entry orjudgment form.

      History:   L. 2006, ch. 200, § 72; Jan. 1, 2007.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter38 > Article22 > Statutes_16257

38-2277

Chapter 38.--MINORS
Article 22.--REVISED KANSAS CODE FOR CARE OF CHILDREN

      38-2277.   Determination of child support.(a) In determining the amountof a child support order under the code, the court shall apply theKansas child support guidelines adopted pursuant to K.S.A. 20-165, andamendments thereto.

      (b)   If the appropriate amount of support under the Kansas child supportguidelines cannotbe determined because any necessary fact is not proven by evidence or bystipulation of theappropriate parent, the court shall apply one or more of the followingpresumptions:

      (1)   Both parents have only gross earned income equal to 40 hours per week atthe federalminimum wage then in effect;

      (2)   neither parent's income is subject to adjustment for any reason;

      (3)   the number of children is as alleged in the petition;

      (4)   the age of each child is as alleged in the petition or, if unknown, isbetween seven and 15years;

      (5)   no adjustment for child care, health or dental insurance or income taxexemption isappropriate; or

      (6)   neither parent is entitled to any other credit or adjustment.

      (c)   If the county or district attorney determines that: (1) A parent willcontest the amount ofsupport resulting from application of the guidelines; (2) the parent is or maybe entitled to anadjustment pursuant to the guidelines; and (3) it is in the child's bestinterests to resolve the supportissue promptly and with minimal hostility, the county or district attorney mayenter into a stipulationwith the parent as to the amount of child support for that parent. The amountof support may bebased upon one or more of the presumptions in subsection (b). Except for goodcause or as otherwiseprovided inK.S.A. 2009 Supp.38-2279, and amendments thereto, a stipulationunder thissubsection shall be bindingupon the court and all parties or interested parties. The criteria forapplication of this subsection shall be incorporated into the journal entry orjudgment form.

      History:   L. 2006, ch. 200, § 72; Jan. 1, 2007.