When Can You Modify Existing Child Support Orders?

At Oleen Law Firm, we understand how important it is for parents to have the financial support necessary for their children’s well-being. When a child support order is put in place, it’s intended to meet the needs of the child based on the financial situation of both parents at that time. 

However, life circumstances change, and there may come a time when it’s necessary to modify an existing child support order to reflect those changes. Whether you’re a custodial or non-custodial parent, knowing when and how you can modify child support is a crucial aspect of family law in Kansas.

Child support orders aren’t set in stone; they’re intended to be adaptable to the changing needs of both the parents and the child. It’s important to know that modifications to child support orders can only happen under specific circumstances as outlined by Kansas law. 

While the guidelines for modifying child support may seem straightforward, each case is unique. At Oleen Law Firm, we’ve worked with many parents to help them understand their rights and options when it comes to altering a child support agreement.

When Can You Request a Modification?

In Kansas, a parent may request a modification of an existing child support order if there has been a significant change in circumstances. The court won’t automatically change the support amount simply because a parent requests it. 

The requesting party must show that a change in the financial situation or other factors has occurred that justifies a modification of the existing order.

Some of the most common reasons for requesting a modification through family law include changes in income, changes in the needs of the child, or changes in the custodial arrangement. For example, if a parent loses their job or receives a significant pay raise, they may seek a modification to increase or decrease the amount of child support. 

Similarly, if the child’s medical or educational needs change, it may be necessary to adjust the support amount to accommodate these new expenses.

Significant Changes in Income

One of the most common reasons for modifying child support is a significant change in either parent’s income. In Kansas, child support orders are calculated based on the income of both parents, as well as the number of children involved and the custody arrangement. 

If a parent experiences a substantial increase or decrease in income, they may seek to modify the support order to reflect that change.

A parent who experiences a decrease in income may request a reduction in their child support obligation if they can demonstrate that the change is significant and not temporary. 

For example, if a parent is laid off from their job and unable to find comparable employment, they may be entitled to a reduction in their child support payments. Similarly, if a parent receives a substantial raise or bonus, the other parent may request an increase in the child support amount to reflect the change in financial circumstances.

Changes in Custody Arrangements

Changes in family law custody arrangements can also be a valid reason for modifying a child support order. In Kansas, the amount of child support owed is partially determined by the amount of time each parent spends with the child. 

If the custodial arrangement changes—such as a parent gaining more time with the child or a shift in the primary custodial parent—this can affect the support obligation.

For example, if a non-custodial parent gains full custody of the child, they may be entitled to a modification of the child support order. In this case, the other parent may be required to pay more child support to reflect the change in custody. 

Conversely, if a custodial parent’s time with the child decreases, the non-custodial parent may seek a reduction in the support amount.

It’s important to note that modifying child support based on a change in custody arrangements isn’t automatic. The court will review the new family law custody arrangement to determine whether a modification is warranted based on the circumstances.

Changes in the Child’s Needs

As children grow older, their needs may change. A modification to the child support order may be appropriate if the child’s medical, educational, or extracurricular needs increase. 

For example, if the child develops a medical condition that requires ongoing treatment or specialized care, the court may adjust the child support order to reflect these additional expenses. 

Similarly, if the child’s educational needs become more expensive, such as attending a private school or requiring tutoring, a modification may be appropriate.

In some cases, a child may have special needs that weren’t initially considered when the original child support order was established. 

If the child’s special needs become more pronounced as they grow, the custodial parent may request a modification of the child support order to account for the additional costs of care.

Requesting a Modification

To request a modification of a child support order, the requesting parent must file a motion with the court. 

This motion will typically outline the reasons for the requested modification, as well as any supporting documentation, such as pay stubs, tax returns, or medical records. In some cases, a parent may also need to provide proof of changes in custody arrangements or the child’s needs.

It’s important to note that the family law court doesn’t automatically grant every modification request. The parent seeking a modification must show that the change in circumstances is substantial and that the new child support amount is justified based on the current financial situation. 

The court will then review the motion and schedule a hearing to determine whether a modification is appropriate.

Kansas Child Support Guidelines

Kansas has established child support guidelines that serve as a model for calculating the appropriate amount of child support. These guidelines are based on the combined income of both parents and the amount of time each parent spends with the child. 

While these guidelines are used as a starting point, they aren’t absolute. The court may make adjustments to the recommended amount of child support based on the specific facts of each case.

The family law guidelines take into account various factors, including the parents’ income, the number of children involved, and any special needs the child may have. These factors help the court determine a fair and reasonable amount of child support that’s in the best interests of the child. 

When a modification is requested, the court will refer to the guidelines to determine whether the new circumstances justify a change in the child support amount.

What Happens If You Don’t Agree to a Modification?

If both parents agree to the requested modification, the process may be relatively simple. However, if the parents can’t agree on the modification, the matter will likely go to court. In these cases, both parents will have the opportunity to present their arguments, and the judge will make a decision based on the evidence presented.

If the modification is granted, the new child support amount will be ordered, and the parents must comply with the updated terms. If the modification is denied, the existing child support order will remain in effect.

It’s important to remember that a family law modification of a child support order isn’t an easy process. The requesting parent must prove that there has been a substantial change in circumstances that justifies a modification. The court will carefully review the evidence and may consider a variety of factors before making a decision.

The Next Steps

Contact Oleen Law Firm today to schedule a consultation and learn more about how we can assist you with modifying your family law child support order. We’re proud to serve Manhattan, Kansas and the nearby area of Junction City. Call today to speak with an experienced family law attorney.