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Child support

unemployment/underemployment

A court may order a parent to pay more child support than the parent's income would ordinarily require (under the child support guidelines in the statute) if the parent could earn more money, but has purposely chosen not to. If the actual income of the parent is significantly less than what the parent could earn because of intentional unemployment or underemployment, the court may apply the child support guidelines to the earning potential of the parent.

In Kansas, courts have the authority to order a parent to pay child support in an amount that exceeds what would typically be mandated by the state's child support guidelines if it is determined that the parent is intentionally unemployed or underemployed. This means that if a parent is earning significantly less than their potential income by choice, the court can base child support obligations on the parent's potential earning capacity rather than their actual income. This is to ensure that a parent cannot deliberately avoid their child support responsibilities by choosing not to work or by working in a lower-paying job than they are qualified for. The court will consider various factors, such as employment history, education, and job opportunities, to estimate what the parent could reasonably earn. The goal is to protect the best interests of the child and ensure they receive adequate financial support.

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Child support

unemployment/underemployment

Individual & Family Legal Plan

Articles

Kansas State Code

Kansas State Code

Child support

unemployment/underemployment

Articles