Kansas Divorce Laws and Resources
Divorce laws are enacted and interpreted by each of the respective states. This means your state and local family law court determines such things as divorce case filing and pleading procedures, spousal and child support payments, custodial rights of parents and the division of community property. Since laws get amended and new ones get made with some frequency, consult with an experienced family lawyer in your county for the most current status of the law. The family lawyer you choose should also be knowledgeable with the local courts and jury sentiment.
RESIDENCY REQUIREMENTS AND WHERE TO FILE:
To file for a divorce, either spouse must be a resident of the state for a least 60 days before filing. The divorce petition should be filed with the district court in the county where either spouse resides.
LEGAL GROUNDS FOR DIVORCE:
A divorce or separation may be based on the following grounds:
- Incompatibility;
- A failure to perform a material marital duty or obligation; or
- Established mental illness or mental incapacity of one or both spouses.
LEGAL SEPARATION:
A legal separation may be granted on the same grounds as a divorce, and may contain provisions detailing how matters will be handled during the separation, including provisions relating to a parenting plan. Any provisions relating to the legal custody, residency, visitation parenting time, support or education of the minor children shall be subject to the control of the court. A separation agreement may be incorporated into a divorce decree if the court finds it to be valid, just, and equitable. [Based on Kansas Statutes 60-16-1601]
MEDIATION OR COUNSELING REQUIREMENTS:
Parents may be required to attend parent education classes, and if they are unable to come to an agreement concerning parental responsibilities, the court may require mediation, unless mediation would be inappropriate in the particular case. [Based on KS Statutes 60-16-1626]
MARRITAL PROPERTY DISTRIBUTION:
Kansas is an equitable distribution state, meaning that the property will be distributed in an equitable fashion if the parties can’t reach an agreement. The court shall consider the following factors when dividing marital property:
- The age of the parties;
- The duration of the marriage;
- The property owned by each party;
- Each spouse’s present and future earning capacities;
- How the property was acquired;
- Family ties and obligations;
- The allowance of maintenance or lack thereof;
- Dissipation of assets;
- The tax consequences of the property division upon the respective economic circumstances of the parties;
- And such other factors as the court considers necessary to make a just and reasonable division of property.
ALIMONY/MAINTENANCE/SPOUSAL SUPPORT:
Spousal maintenance may be awarded to either spouse in an amount the court finds to be fair, just and equitable under all of the circumstances. Maintenance may be awarded as a lump sum, in periodic payments, on a percentage of earnings, and the court may not award maintenance for a period of time in excess of 121 months. If the original decree contains provisions empowering the court to hear subsequent motions, and such motions are filed before the termination of 121 months, then the court may extend maintenance for a period of no more than 121 months.
SPOUSE’S LEGAL NAME:
The court shall order the restoration of that spouse’s maiden or former name upon the request of that spouse.
KANSAS CHILD CUSTODY LAWS:
Either parent may be awarded custody. If custody is disputed, it shall than be decided by the court based on the best interests of the child, taking the following factors into consideration:
- The desires of the parents in relation to custody;
- The desires of the child concerning custody;
- The interaction and interrelationship of the child with parents;
- The child’s adjustment to the child’s home, school and community;
- The willingness and ability of each parent to respect and encourage the bond between child and other parent;
- Evidence of spousal or child abuse either by the parent or someone with whom the parent resides;
- Whether a parent or someone with whom a parent resides is subject to Offender Registration. [Based on Kansas Statutes 60-16-1610]
CHILD SUPPORT:
Regardless of the custody arrangements ordered by the court, the court may order the child support and education expenses to be paid by either or both parents. In determining the amount of child support, the court shall use the Kansas child support guidelines. Child support terminates at age 18 unless, the parents reach a written agreement to extend support, the child turns 18 before completing from high school.
CHILD SUPPORT IN THE STATE OF KANSAS – THE FEDERAL OPTION
Federal Options Enforcement (CSE) Program is a federal/state/local effort to locate parents, their employers, and/or their assets; establish paternity if necessary; and establish and enforce child support orders. The federal role is to provide funding, issue policies, ensure that federal requirements are met, and interact with other federal agencies that help support the CSE program.
How and where do I apply?
In most states, CSE offices are listed under the human services agency in the local government section of the telephone directory. If there is not a separate listing, the human services agency information operator should be able to give you the number. State CSE agencies are listed at the end of this brochure; they also can provide telephone numbers for local offices.
Call your Child Support Enforcement office to learn how to apply for enforcement services and what documents (birth certificates, financial statements, etc.) you should provide.
What are the steps to collecting support?
The first step, if a child was born out of wedlock, is to establish paternity – or make a legal determination of who fathered the child. Many men will voluntarily acknowledge paternity. Either parent can request a blood test in contested paternity cases. Your caseworker will help you to establish paternity for your child.
Establishing the obligation is the next step. The fair amount of child support that the non-custodial parent should pay is determined according to state guidelines. Your CSE office will be able to tell you how support award amounts are set in your state. Your CSE office can also request medical support for your child.
The last step is enforcement of the child support order. The CSE office can help with collecting the money due no matter where the non-custodial parent lives.
At any of these steps, the CSE office may need to know where the non-custodial parent is living or where he/she is working. When a parent has disappeared, it is usually possible for the CSE office to find him/her with the help of state agencies, such as the Department of Motor Vehicles, or the Federal Parent Locator Service. Your caseworker can tell you what information is needed to find an absent parent or his/her employer.
The most successful way to collect child support is by direct withholding from the obligated parent’s paycheck. Most child support orders require the employer to withhold the money that is ordered for child support and send it to the CSE office. Your Child Support Enforcement office can tell you about this procedure.
Federal and State Income Tax refunds may be withheld to collect unpaid child support. States also have laws, which allow them to use: liens on real and personal property; orders to withhold and deliver property; or seizure and sale of property with the proceeds applied to the support debt. Many states routinely report child support debts to credit bureaus and smart parents are bringing their payments current so that their credit won’t be affected.
For More Information write for the Handbook on Child Support Enforcement by contacting:
ACF OCSE National Reference Center
370 L’Enfant Promenade, S.W.
4th Floor Washington, DC 20447
(202) 401-9383
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