It is necessary to have an order for child support stating the amount due each month. Once an order has been established the CSS program will try to make sure payments are made regularly and in the correct amount.
How is the amount of monthly child support set?
The State of Kansas has statewide Child Support Guidelines that the District Court must follow when setting a child support order.
These Guidelines balance the needs of the child, other children in the family, the cost of work-related child care, the costs for the child’s insurance, and the incomes of both parents. Adjustments may be made to fit special circumstances.
Can child support be established and enforced if the non-custodial parent (NCP) lives in another state?
Yes. If necessary, Kansas may request the state where the NCP lives to establish and/or enforce a child support order.
What if the NCP is in jail or prison?
If the NCP is in a federal penitentiary, Kansas prison, or a county jail, CSS can still initiate legal action. If the NCP is not on a work release program and has no assets, efforts to collect child support may not be successful.
What enforcement actions can CSS take to get the NCP to pay?
The most effective way to collect child support is through an Income Withholding Order (IWO). An IWO is sent to the employer, who sets up an automatic payroll deduction for support.
However, if the NCP’s employer is unknown or the NCP is self-employed, other actions such as passport denial, recreational license denial, driver’s license restriction, Consumer Credit Bureau reporting, offset (tax intercept) or contempt can be used. The more we know about the NCP’s bank accounts, real estate, personal property, and licenses, the more successful our efforts will be.
What happens when the NCP quits a job where the IWO is in place?
As long as CSS knows who the new employer is, the IWO will follow the NCP. If the new employer is not known, CSS will work to locate the new employer.
If the NCP does not make child support payment on time, how soon will CSS enforce the order for payments?
The NCP has thirty calendar days from the due date to make the payment before it is considered delinquent. Once the thirty calendar days have passed and the NCP is one full month delinquent, CSS may take enforcement actions against the NCP. The unpaid amount of child support becomes an arrearage.
Can a lien be issued against property?
Yes. In Kansas, liens may apply to real estate or to certain kinds of personal property. However, a lien on property does not, by itself, result in the immediate collection of any money. It only prevents the owner from selling, transferring, or borrowing against the property until the child support is paid.
How long will the order for current support last?
It depends on the law of the state that issues the order. For Kansas orders, current support lasts until the child is emancipated (reaches adulthood). For most children, that is their 18th birthday. If a child turns eighteen while still attending high school, the child’s current support order automatically continues until the end of that school year. In very rare cases, the court may order support to continue until the child turns nineteen if the child is still in high school. If you think this will apply to your child, you must tell us before the child turns 18.
Kansas current support orders automatically go down as each child emancipates. For example, an order for three children will be reduced by one-third when the oldest child becomes an adult. That is usually a good time for the custodial parent to ask CSS to review the order for the younger child(ren).
The NCP has declared Bankruptcy and says he/she does not have to pay. Is this true?
Generally, the answer is no. However, the answer can depend on the type of debt owed (current or arrears only) and the type of Bankruptcy that was filed and when it was filed.
If the NCP is in Bankruptcy at the time you begin to receive support services or files for Bankruptcy while those services are being provided, CSS needs to be told as early as possible so appropriate actions can be taken. If you learn the NCP has filed for bankruptcy while CSS is enforcing the child support order you need to contact the Child Support Call Center immediately to relay that information.
For information about how to apply for Child Support Services (CSS) services, see the Applying for Services