Child support generally may be changed or modified by filing a motion to modify and demonstrating to the court that the circumstances of the child or one or both parents have materially and substantially changed, or that some period of time (3 years, for example) has passed since the court’s last child support order. And if there has been a material and substantial change in the custody of the child—if, for example, the noncustodial parent who was paying child support has become the custodial parent—the court may change or eliminate the child support obligation based on the change in the custody arrangement.
In Kansas, child support orders can be modified if there has been a material and substantial change in circumstances since the last order was issued. This could include significant changes in the income of either parent, the needs of the child, or the custody arrangement. A parent seeking modification must file a motion to modify with the court and provide evidence of the changed circumstances. Additionally, Kansas law presumes that a change in the child support amount is warranted if three years have passed since the last order was entered or modified and the new calculated child support amount differs by 10% or more from the current amount. If the noncustodial parent becomes the custodial parent, this change in custody can be grounds for the court to modify or terminate the child support obligation. The court will consider the best interests of the child and the current situation of both parents in making any modification to the child support order.