What is a child support enforcement transmittal in a divorce case with a child?
Full Question:
I am in the process of a divorce in KS. Recently a child support enforcement transmittal was filed in the case. Our child is in school but 19. What is this about?
05/10/2007 |
Category: Divorce ยป Child Support |
State: Kansas |
#4436
Answer:
The applicable Kansas statute is as follows:
60-1610. A decree in an action under this article may include orders on the following
matters:
(a) Minor children.
(1) Child support and education. The
court shall make provisions for the support and education of the minor
children. The court may modify or change any prior order, including any order
issued in a title IV-D case, within three years of the date of the original
order or a modification order, when a material change in circumstances is
shown, irrespective of the present domicile of the child or the parents. If
more than three years has passed since the date of the original order or
modification order, a material change in circumstance need not be shown. The
court may make a modification of child support retroactive to a date at least
one month after the date that the motion to modify was filed with the court.
Any increase in support ordered effective prior to the date the court's
judgment is filed shall not become a lien on real property pursuant to K.S.A. 60-2202 and amendments thereto. Regardless of the type of custodial arrangement ordered by the court, the court may order the child support and
education expenses to be paid by either or both parents for any child less
than 18 years of age, at which age the support shall terminate unless:
(A) The
parent or parents agree, by written agreement approved by the court, to pay
support beyond the time the child reaches 18 years of age;
(B) the child
reaches 18 years of age before completing the child's high school education in
which case the support shall not terminate automatically, unless otherwise
ordered by the court, until June of the school year during which the child
became 18 years of age if the child is still attending high school; or
(C) the
child is still a bona fide high school student after June 30 of the school
year during which the child became 18 years of age, in which case the court,
on motion, may order support to continue through the school year during which
the child becomes 19 years of age so long as the child is a bona fide high
school student and the parents jointly participated or knowingly acquiesced in
the decision which delayed the child's completion of high school.
The court, in extending support pursuant to subsection (a)(1)(C), may impose such
conditions as are appropriate and shall set the child support utilizing the
guideline table category for 16-year through 18-year old children. Provision
for payment of support and educational expenses of a child after reaching 18
years of age if still attending high school shall apply to any child subject
to the jurisdiction of the court, including those whose support was ordered
prior to July 1, 1992. If an agreement approved by the court prior to July 1,
1988, provides for termination of support before the date provided by
subsection (a)(1)(B), the court may review and modify such agreement, and any
order based on such agreement, to extend the date for termination of support
to the date provided by subsection (a)(1)(B). If an agreement approved by the
court prior to July 1, 1992, provides for termination of support before the
date provided by subsection (a)(1)(C), the court may review and modify such
agreement, and any order based on such agreement, to extend the date for
termination of support to the date provided by subsection (a)(1)(C).
For purposes of this section, "bona fide high school student" means a student who
is enrolled in full accordance with the policy of the accredited high school
in which the student is pursuing a high school diploma or a graduate
equivalency diploma (GED). In determining the amount to be paid for child
support, the court shall consider all relevant factors, without regard to
marital misconduct, including the financial resources and needs of both
parents, the financial resources and needs of the child and the physical and
emotional condition of the child. Until a child reaches 18 years of age, the
court may set apart any portion of property of either the husband or wife, or
both, that seems necessary and proper for the support of the child. Except for
good cause shown, every order requiring payment of child support under this
section shall require that the support be paid through the central unit for
collection and disbursement of support payments designated pursuant to K.S.A.
23-4.118, and amendments thereto. A written agreement between the parties to
make direct child support payments to the obligee and not pay through the
central unit shall constitute good cause, unless the court finds the agreement
is not in the best interest of the child or children. The obligor shall file
such written agreement with the court. The obligor shall maintain written
evidence of the payment of the support obligation and, at least annually,
shall provide such evidence to the court and the obligee. If the divorce
decree of the parties provides for an abatement of child support during any
period provided in such decree, the child support such nonresidential parent
owes for such period shall abate during such period of time, except that if
the residential parent shows that the criteria for the abatement has not been
satisfied there shall not be an abatement of such child support.
