Overland Park Lawyers Protecting Your Rights Regarding Child Support & Spousal Maintenance

Skilled Kansas family law attorneys strive for fair alimony and child support orders

Court orders for support are meant to impose fairness. But an order that doesn’t reflect your financial reality or your family’s needs is going to unfairly enrich one party to the detriment of the other. At The Henry Law Firm, P.A., we fight for fair alimony and child support orders that achieve the law’s purpose and give you and your children the financial security you need. Our attorneys are experienced, caring and well-equipped to protect your future. We thoroughly explain the relevant Kansas law and implement strategies to achieve your goals in this litigation.

Fighting for your children’s best interests with fair support orders

Your concern for your children’s financial well-being can certainly increase your anxiety during or after divorce or separation. Our family law attorneys help parents:

• Understand the Kansas Child Support Guidelines
• Negotiate an effective and appropriate child support amount
• Litigate child support issues when necessary
• Enforce child support orders when necessary
• Modify existing child support orders as material circumstances change

Kansas law has established general child support guidelines. Our attorneys can help you establish the best possible financial arrangement within the framework of these guidelines. We help you structure the receipt or payment of child support so you can best secure your and your children’s financial future.

Achieving child support settlements through mediation or litigation

Through the structured process of private mediation, you and the other parent can put aside differences and focus on the one point about which you likely agree — your children’s well-being. Our skilled negotiators can help you create a support plan that equitably sets forth or modifies the financial obligations of rearing your children.

Sometimes trial is necessary for you to receive the financial support your children deserve. With our law firm, you have strong and experienced family law attorneys by your side who are prepared to stand up for your children’s right to a financially stable upbringing.

Enforcement and modification of child support in Kansas

Both parents share the responsibility of supporting their children. If the other parent fails to abide by legal obligations for your children’s financial support, we can induce the enforcement of your child support order.

Child support payments remain the same unless and until the court modifies the child support order. If one parent suffers an injury or illness or loses a job, fairness might dictate at least a temporary modification of the support amount. Our attorneys can guide you through the proper legal procedures to modify your child support payments to accommodate your changing financial circumstances.

In addition, if three years have passed since the last child support order was approved by the court, or there has been an increase in a parent’s income, it may be in your best interest to discuss a review of the child support amount with one of our family law attorneys.

Helping clients get fair spousal maintenance orders in Kansas

When you dissolve your marriage, the court can order spousal maintenance, more commonly known as alimony, to prevent a dependent spouse from suffering undue financial hardship. Alimony is gender neutral in Kansas and depends entirely on the parties’ finances, but there is no absolute right to alimony. A dependent spouse can petition for temporary maintenance during the divorce process. When the divorce is finalized, the court can order various types of maintenance, including:

• Reimbursement — Designed to repay one of the spouses for the other spouse’s education
• Transitional maintenance — To allow a dependent spouse to obtain an education or training to obtain gainful employment
• General support — Assistance with regular living expense

The court can order lump-sum alimony or regular payments over time. Whether to order maintenance, how much to order, and for how long maintenance should last are all questions the court must decide based on numerous factors. However, in Kansas, there are limitations from the state and individual counties.

Statewide, spousal support is limited to 121 months with a one-time extension of no more than 121 months.  However, the parties can agree to a longer period of support. Many counties in Kansas have created spousal maintenance guidelines. In Johnson County, the presumptive level of monthly maintenance is 25 percent of the difference between the spouses’ annual incomes. If the income difference is greater than $50,000, maintenance is calculated at 25 percent plus 22 percent of the remaining difference.

In marriages of five years’ duration or less, alimony can last for the length of the marriage divided by 2.5. This means the greatest length of alimony is two years. For marriages of greater than five years’ duration, alimony can last for two years plus one-third of the length of the marriage.

Despite the guidelines, judges still have discretion in this area, so it’s important to have skilled and experienced legal counsel to obtain favorable terms. Key factors in any maintenance dispute include:

• The age and health of the parties
• The parties’ present and future earning capacities
• The length of the marriage
• Each party’s financial holdings and how assets were acquired
• The financial needs of each party
• Whether a party had wastefully dissipated marital assets
• The standard of living the couple enjoyed during the marriage

Spousal maintenance is subject to modification if circumstances warrant.

Because of the complexities to spousal support law in Kansas, you need experienced counsel to pursue a fair result. Our attorneys partner closely with you to protect your financial future.

Contact our determined financial support attorneys in Kansas

Family law financial support issues weigh heavily on your future and that of your children. The Henry Law Firm, P.A. is determined to help you obtain a result that places you on solid financial ground. Call us at 913-381-5020 or contact our Overland Park office online to schedule a consultation with one of our family law attorneys.