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Experience:  7 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I recently finalized a divorce in the State of Kansas. Well

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I recently finalized a divorce in the State of Kansas. Well I did not have a lawyer to represent me. I trusted her and her lawyer (brother-in-law). This was because I work for the DoS in Afghanistan. Well, my question is what amount of my income do they base child support (3 children) off of. My base pay is $25.30 per hour, and at 84 hours per week. I get Hazard duty pay and foreign bonus pay increase, which is an additional 75%. I have been told that they can only base this off of my base pay, of 25.30 for the 84 hours a week. Is this true??
Submitted: 2 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 years ago.

Hi and Welcome to Just Answer. I will be the expert that will be helping you today. I look forward to helping you solve your problem.

In instances where one or both of the parties is employed by a branch of the armed forces or is called to active duty by a branch of the armed forces, then the court shall include the basic pay of the party plus Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS). The court may consider cost of living differences in determining the Domestic Gross Income. Depending upon the facts of the case, the court may consider the BAH II Incentive or Special Pays and other forms of pay as found in Appendix IX.

http://www.kscourts.org/rules-procedures-forms/child-support-guidelines/csappendix9.pdf

Customer: replied 2 years ago.
Well her attorney said that I do not fall under this act. Due to me not being an uniformed services member. I do in fact have military orders, but I am considered a contractor. But I am a mission essential personnel. Does this in fact as her attorney stated, not apply to me? I just don't trust what they are doing. I got a hand written court document saying ordering me to pay $3560 per month. I only make this much when I'm deployed. When I get back state side, I will be back down to the base of 25.30.
Expert:  FamilyAnswer replied 2 years ago.
If you are a contractor, it would be your total gross monthly income. Here is a link to a child support calculator for Kansas, where you can input the numbers and see if and how much things would change and if the amount is correct. If it is not and you want to dispute the amount, you would need to go back to court and this time bring an attorney, to modify the amount. As you know the other attorney is going to argue that act does not apply to you while you will argue it does and show proof as to why.
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 16243
Experience: 7 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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