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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27999
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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How much child support for a 3 yr old (Both Military) Mother

Customer Question

How much child support for a 3 yr old

(Both Military)

Mother makes total 6852 Monthly Base pay /1755 Monthly housing allowance
Father makes total 6527 Monthly Base pay / 1755 Monthly housing allowance

Day care :600 avg
Parents spend nearly equal time with child
Child lives in mother house

Father now reduced to 650 was paying 850 (income was reduced)
Submitted: 1 year ago.
Category: Family Law
Expert:  ANDREA, replied 1 year ago.

ANDREA, :

Hi, My name is XXXXX XXXXX I will be glad to assist you with your question,

Customer:
How much child support for a 3 yr old (Both Military) Mother makes total 6852 Monthly Base pay /1755 Monthly housing allowance Father makes total 6527 Monthly Base pay / 1755 Monthly housing allowance Day care :600 avg Parents spend nearly equal time with child Child lives in mother house Father now reduced to 650 was paying 850 (income was reduced)

Optional Information:
Country relating to Question: United States
State (if USA): Kansas

Already Tried:
on line child support calculator. Is it calculated different if its shared parenting?
Expert:  ANDREA, replied 1 year ago.

Please accept my apologies, but I must respectfully XXXXX XXXXX of your question,

 

 

Expert:  LawTalk replied 1 year ago.
Good morning,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. The possibilities of support considerations in Kansas is quite extensive, and equally difficult to apply---much of it coming down to the discretion of your particular judge.

Under Kansas law, while the child support calculator gives the most typical support model used by the courts, Kansas does have an equal parenting time formula that judges may---at their sole discretion---utilize where parents have near equal parenting time with the child.

In addition to the traditional calculator, the court may also look at a Shared Expense Method, but this formula won;t be uses if parents are not very cooperative in the first place.:

III.B.7.a. Shared Expense Formula
Sharing expenses and using the Shared Expense Formula is an
alternative method of paying expenses related to the children.
Sharing expenses and using the Shared Expense Formula is
complicated and requires parents to communicate and cooperate
regularly. Sharing expenses and using the formula should only be
attempted by parents who communicate well, who are highly
cooperative co-parents, who have the ability and willingness to
keep accurate records for the period of time necessary to raise their
children,
who will share the children’s direct expenses in a timely
manner, who have similar values and tastes, who have considered
the current and future needs of their children carefully, and who are
willing and able to resolve minor problems without the intervention
of others.


There is yet another method of calculating support. The law holds as follows:
The Equal Parenting Time Formula is discretionary with the court
and may be used to set child support when the court determines
that: 1) a shared residential custody arrangement is in the best
interest of the minor child, 2) the parents share the child’s time
equally or nearly equally, and 3) one or more of the following
conditions apply:
i. the parties either do not agree to use the shared expense
formula, or
ii. applying the Shared Expense Formula would place the
parent who would otherwise be designated to pay the direct
expenses without sufficient funds to be responsible for all
direct expenses, or
iii. applying the Shared Expense Formula is not in the best
interests of the child for other reasons.


Here is a link to the law and the forms used to estimate support:

http://www.kscourts.org/rules-procedures-forms/child-support-guidelines/2012_new/CSG%20AO%20261%20Clean%20Version%20032612.pdf



Based on the minimal facts you have provided, and the fact that it is impossible to know if your judge will consider either of the possible exceptions to the general support calculator, it simply is not possible to give you a definitive answer in terms of dollars and cents as to what each of you might pay. Suffice it to say, that both the Shared Expense Formula and the Equal Parenting Time Formula do tend to result in a significantly lesser support payment ordered for the parent who ends up paying support. And based on the near equal amount of parenting time now being spent, and the near equality of the wages and income, the only thing that seems to be offset from being equal is where your child "lives", which I presume that you mean to say that your child sleeps in the mother's home. Consequently, I would expect that your support level would be dropped even further if you can get the judge to utilize either the Shared Expense Formula or the Equal Parenting Time Formula


You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27999
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
LawTalk and 5 other Family Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

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