Phone: 913-257-3110
Nothing in a family law case matters more than your children. Sarah Carmody helps parents in Overland Park, Olathe, Leawood, Lenexa, Shawnee, and throughout Johnson County work out custody, parenting time, and child support, whether that happens through a calm agreement or a contested fight. As a Kansas family law attorney and a trained mediator, she can push hard for your children’s interests in court when she has to, and help two parents reach a workable plan when that is the better path. Here is how custody and support actually work in Kansas.
Kansas does not use the simple phrase “custody” for everything. It separates three ideas, and understanding them removes a lot of confusion:
If parents agree on a parenting plan, the court will usually approve it. When they cannot agree, a judge decides based on the best interests of the child, weighing the factors set out in Kansas law (K.S.A. 23-3203). Those factors include:
No single factor automatically wins. A judge looks at the whole picture, which is why how your situation is presented matters so much.
Kansas sets child support using the Kansas Child Support Guidelines and an income shares model (K.S.A. 23-3001). The idea is that a child should receive the same share of the parents’ income they would have received if the family stayed together. The calculation is driven by:
Kansas also reduces the support obligation when the parent who pays exercises more than 35 percent of parenting time (roughly 128 overnights a year), because that parent is covering more day-to-day costs directly. Support is not a guess; it comes out of a defined worksheet, and getting the inputs right is where an attorney protects you.
Life changes, and Kansas orders can change with it. A court can modify custody, residency, or parenting time when there has been a material change in circumstances (K.S.A. 23-3218). A child support order can be revisited when there is a substantial change in circumstances, such as a significant shift in either parent’s income, a change in the parenting schedule, or a change in the child’s needs. If a move is involved, see the firm’s modifications and relocation page.
Custody is the area where fighting hurts the most, because the people in the room still have to raise a child together after the case ends. That is why mediation is often the best path for parenting disputes. A mediator helps two parents build a parenting plan that fits their real lives instead of a one-size-fits-all schedule a court imposes. Because Sarah is both a family law attorney and a trained mediator, she understands exactly what a Johnson County judge would likely order, which keeps a mediated agreement realistic and durable.
Legal custody is the authority to make major decisions about the child, such as schooling, health care, and religion, and it is often shared jointly. Residency is where the child primarily lives. Parenting time is the actual day-to-day and overnight schedule.
When parents cannot agree, a judge decides based on the best interests of the child, using the factors in K.S.A. 23-3203, including each parent’s involvement, the child’s relationships and adjustment, and any history of abuse.
Kansas uses the Kansas Child Support Guidelines and an income shares model based on both parents’ combined gross income, the number and ages of the children, health insurance and childcare costs, and the parenting time schedule.
Yes. Custody, residency, and parenting time can be modified when there is a material change in circumstances, and child support can be revisited when there is a substantial change, such as a meaningful change in income or in the parenting schedule.
If custody or child support is part of your case in Overland Park or anywhere in Johnson County, call or text (913) 257-3110 or contact us to talk through your situation.
Children are entitled to financial support from both parents. We strive to get parents fair support orders to ensure their children’s needs are met.
Kansas and Missouri have strict child support guidelines. Judges in Johnson County, Jackson County, and Clay County, as well as in other counties, use formulas that consider a variety of factors, including each parent’s income, custody time and the number of children each parent is supporting to determine monthly child support obligations.
If you are involved in a child custody dispute, it is important to hire an attorney who will do everything possible to protect your parent-child relationship. Contact me, Overland Park child custody Attorney Sarah Carmody, at 913-257-3110.
Contact the Overland KS Divorce and Mediation Attorneys at Sarah Carmody Law, LLC at 913-257-3110 today!
The Sarah Carmody Law, LLC provide legal services for families located in these areas: Shawnee, Overland Park, Olathe, Leawood, Mission, Kansas City, Lenexa and Johnson County. Let us help you today.
