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help me in ks

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buktastik

Junior Member
What is the name of your state (only U.S. law)? kansas

I am a single father of 2, both have different mothers. My oldest is 9 and her mother and I were married. I pay child support as ordered by the state (I send a check monthly) and I get to see my daughter pretty much anytime I want. My son is 2 ½ and his mother and I are not so agreeable. Again, I pay child support as ordered by the court (this case is actually taken from my paycheck). I try my hardest to accommodate, but the truth is that my job is not conducive to a personal life. I work 60 to 65 hours a week over 6 days. My day off is different from week to week and most of the time, that day isn’t determined til the previous Friday. I always ask when trying to see him and I understand anytime that she says no. I get it that my hectic schedule isn’t easy to deal with and they sometimes already have something going on.

The problem is that she (the mother of the 2 ½ year old) is saying that she wants me to have him every Saturday now, and if I have to work, then I have to pay for day care for that day (and I don’t get to see him). She even asked her daycare provider and they offered to let me pay them just 30 dollars for the day each week. Working all these hours provides me the means to do this; I am just worried that a judge may determine in the future that I agreed to a potential $120.00 a month more than the monthly child support required and that I will be required to pay that much every month. The problem is that I won’t have theses hours year round and I wouldn’t be able to do this.

If I agree to this deal, will that cause me a problem in the courts in the future? She has told me that she is going to get the support order redone when he turns 3 and it should go up. I am not trying to be a dead beat dad or screw her over, im just trying to be smart about my decisions and interactions with her.
 


buktastik

Junior Member
no, i WANT to see him. the problem is that my day off is rarely saturday, and she wants to make that "my day"... so if i have the day off, cool, but if not, then i dont get to see him that week (regardless of what day off i actually get) and i still gotta pay the 30 bucks (she will likely allow me to see him other days if i agree to this deal).

my only concern is that if i agree to it, then a judge might see that as a sign that i can and am willing to increase the amount that i pay to her every month. i can only afford it because of the overtime during the summer months.
 
Actually, you paying straight to the day care provider the $30 may help you. Just don't give it to Mom to give to day care. Kansas Child Support is strictly income vs income with allowances for healthcare and child care.

So she makes $XX versus your $XX. Say she pays $400 per month in day care expenses. Your side of the equation would counter it with $120 per month in day care expenses. Then whoever covers healthcare gets that credit. If you both carry your own plans for the child, you both get that credit.

As I said, make sure YOU pay the day care provider, not give the money to Mom to pay, so YOU get credit for paying it.

When you do go back to court, get a more structured visitation plan. The Green Book guidelines are every other weekend and one night per week. That is the MINIMUM that should be allowed in your visitation time. Then, your day off wouldn't matter too much. If you have the day off on your scheduled one day per week, great! See kiddo. If you have a Saturday or Sunday off on your scheduled weekend, great! See kiddo. You'll be seeing kiddo a lot more than what you've outlined. AND, as was said, she cannot force you to take your parenting time. If you don't have every other weekend and one night per week off, don't sweat it, and don't let her make you feel guilty of not seeing kiddo on your scheduled days. Just make sure she has your schedule as soon as you have it so she doesn't make extra plans for your days.

P.S. - If you were not provided with a copy of The Green Book, I HIGHLY suggest you Google it and read it. You're entitled to a lot more than what she's "giving" you.
 
Oh, and go here:

Kansas Judicial Branch - Child Support Guidelines

Click the link for the "Clean" version (much easier to follow). A PDF will open. While I recommend you read a lot of the PDF, for now I want you to go to page 30 (33 for the PDF number at the bottom). Unless either of you have had significant changes in your income, child support doesn't change at 3 years old. It's ranges are 0-5, 6-11, and 12-18.
 

CSO286

Senior Member
Oh, and Kansas Princess---
Nice work--especially for a gnubee. Factual, accurate and included links!

Wow....Two in one week.

;);):)
 

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