Kansas child support is based on parenting time percentages

Kansas uses a parenting time percentage in its child support formula to determine the amount of child support in your divorce case.

Besides income, parenting time totals are a key part of the Kansas child support formula. Your parenting time directly affects your child support--whether you pay or receive. Use the calculator above to get an estimate of your support amount.

Most parenting time totals are estimates (and thus incorrect)

Kansas lawyers and judges often rely on parenting time estimates only, even if they are incorrect, because counting total hours is tedious and time consuming. Divorcing parents often rely on these estimates as well.

Using estimates means your parenting time totals are wrong when compared to your actual parenting time schedule. This means your child support amount will not be fair or exact.

How to calculate parenting time instead of relying on estimates

To calculate parenting time, the easiest and most accurate way is to use software. Without software, you're forced to count each night for a whole year, which is error-prone when you include alternating holidays, summer break, and any changes to the schedule throughout the year.

Using software, you can also tweak your schedule to see how even little changes affect your total overnights, and you can see how your parenting time changes each year due to holidays and other events.

You can also track what actually happens, and show how much time you've actually received for any period of time. Historical information is a powerful tool when you request a child support modification or when you request more parenting time.

Fast facts on child custody and child support in Kansas

In any divorce, Kansas family courts award custody of the children to one or both parents. Custody is divided into legal custody and physical custody. A parenting time percentage is included in the child support formula for sole custody.

Kansas sole physical custody: The children reside with and are supervised by the residential parent, while the other parent is entitled to scheduled visitations. In Kansas, sole physical custody is given to the parent with whom the children spend the most time.

Kansas shared physical custody: Each parent has significant periods of physical custody, which allows them frequent and continuing contact with their children. Kansas law outlines shared custody as any arrangement in which the child has regular and continuing contact with both parents. Shared physical custody in Kansas means the nonresidential parent must host the children for almost half of the total time the children are not in school or day care.

Kansas child support formula and parenting time adjustment

Kansas family courts use formulas that consider both parents' incomes and the needs of the child to arrive at a monthly child support amount.  The parenting time percentage adjustment only figures into sole physical custody cases.

The formulas calculate both parents' incomes and the needs of the child to arrive at a monthly child support amount. The parenting time percentage adjustment only figures into sole physical custody cases when children spend at least 35 percent of the time with the nonresidential parent.

The parenting credit works like this:

• If children spend between 35 to 39 percent of the time, it is a 10 percent adjustment
• If children spend between 40 to 44 percent of the time, it is a 20 percent adjustment
• If children spend between 45 to 49 percent of the time, it is a 30 percent adjustment

The nonresidential parent generally pays the residential parent the child support.
The shared custody formula doesn't allow a parenting time percentage adjustment toward child support.

The difference between the two incomes is calculated using either the equal parenting time formula or the shared expense formula, and the higher earner pays that difference as child support to the lower earner.

Examples of sole child custody and Kansas child support

Consider the hypothetical case of Robert and Mary. Robert earns $4,000 per month, while Mary earns $2,400 per month. They have two children.

See how the child support amounts change in these examples:

• Scenario #1: Robert is the nonresidential parent, and is scheduled to host the children for fewer than 125 overnights per year, or 34 percent. He does not qualify for a parenting time percentage adjustment. He is required to pay $1,045 in child support to Mary.
• Scenario #2: Robert hosts the children for 132 overnights, or 36 percent. This gives him a 10 percent credit, so he pays $941 in child support to Mary.
• Scenario #3: Robert hosts the children for 148 nights, or 40 percent. This gives him a 20 percent credit, so he pays $836 in child support to Mary.
• Scenario #4: Robert hosts the children for 175 nights or 47 percent. This gives him a 30 percent credit, so he pays $732 in child support to Mary.

If Mary were the nonresidential parent, she would pay Robert child support and would qualify for the parenting time adjustment credit based on the number of overnights she hosted.

Examples of the shared custody formula in Kansas child support

Consider the hypothetical case of Robert and Mary. Robert earns $4,000 per month, while Mary earns $2,400 per month. They have two children and elect to use the equal parenting time formula.

See how the child support amounts change in these examples:

• Scenario #1: If Robert and Mary agree to an approximate 50/50 split, Robert would pay $33 in child support to Mary. This is because he is the higher earner and must pay the net difference.
• Scenario #2: If Robert and Mary agree to a 50/50 split and both earn the same amount of money, there would be no child support paid or received. This is because there is no net difference between the two incomes.

In shared custody support cases, the Kansas shared expense formula determines that each parent keeps a portion of the combined support obligation in their own homes.

The higher earner pays the lower earner to ensure the children enjoy the same standard of living at both households.

Other factors in the Kansas child support formula

Kansas's child support formula uses the following information to calculate your monthly amounts for shared custody child support:

Parenting time: Kansas only allows parents to count parenting time when the children are not with a third party, such as in school, with a sitter or in day care.

Eligible children: In Kansas, child support ends when a child turns 18, which is the age of majority, upon emancipation or at age 19 if the child still attends high school. The age of each child has an impact on the child support amount because the Kansas child support awards different amounts for children 0 to 5, 6 to 11 and 12 to 18+.

Gross earnings: Gross earnings are established based on tax records and current pay stubs. Kansas law requires the use of both parents' incomes from the equivalent of one full-time job to determine a child support amount.

Specific deductions: There are some deductions allowed by Kansas family courts that allow an adjustment of the income, including health insurance premiums for the children, support for other children and child care expenses, for example.

How accurate child support helps your children

Paying accurate child support helps your children in several ways, primarily because it ensures their financial needs are met.

Here are some other reasons why accurate overnight numbers help you, the other parent and your children:

• It provides a fair way to determine your child support amounts
• It guarantees the child support amount reflects each parent's responsibilities
• It allows for modifications if your actual time and scheduled time are different
• It is compliant with Kansas law

Your financial obligations to your children don't end with divorce, so whether you are paying or receiving child support, you owe it to your children to pay or receive the proper amount.

Top 5 things to remember about Kansas child support and overnights

To ensure you are paying or receiving the right amount of child support in Kansas, remember these 5 things:

1. Child support in Kansas is determined by the Kansas Child Support Guidelines, which were revised in January of 2024.
2. Sole physical custody child support formulas include a child support credit based on the percentage of time that the nonresidential parent hosts the children.
3. The higher the parenting time percentage, the lower the child support amount, with a 10 percent, 20 percent or 30 percent credit possible.
4. Shared physical custody child support formulas assume a 50/50 parenting time split, and no parenting time credits figure into that formula.
5. Kansas child support increases whenever a child turns 6 and 12, in both sole custody and joint custody situations.

Use Custody X Change software to create a custody schedule that will quickly calculate the total parenting time for the Kansas child support formula.