IN THE DISTRICT COURT OF [COUNTY] COUNTY, KANSAS
[JUDICIAL DISTRICT]
In the Matter of the Marriage/Parentage of
[PETITIONER FULL LEGAL NAME],
Petitioner,
and
[RESPONDENT FULL LEGAL NAME],
Respondent.
Case No.: [_]
VERIFIED PETITION TO MODIFY CHILD SUPPORT
Effective Date of Filing: [MM/DD/YYYY]
[// GUIDANCE: This template is designed for use in Kansas District Courts. Customize all bracketed fields, attach the Kansas Child Support Worksheet, and file any required Domestic Relations Affidavits contemporaneously.]
TABLE OF CONTENTS
- Definitions
- Jurisdiction and Venue
- Procedural History
- Material Change in Circumstances
- Requested Recalculation of Child Support
- Medical Support & Health-Care Coverage
- Income Withholding (Wage Garnishment)
- Retroactivity, Credits & Arrearage Management
- Prayer for Relief
- Verification & Affidavit
- Certificate of Service
1. DEFINITIONS
For purposes of this Petition, the following capitalized terms have the meanings set forth below:
1.1 “Child(ren)” means the minor child(ren) of the parties:
• [CHILD 1 FULL NAME], born [DOB]
• [CHILD 2 FULL NAME], born [DOB]
(collectively, the “Child(ren)”).
1.2 “Current Order” means the child-support order entered on [DATE OF EXISTING ORDER] requiring [PAYOR] to pay \$[AMOUNT] per month.
1.3 “Guidelines” means the Kansas Child Support Guidelines in effect as of the date of filing.
1.4 “Material Change” means a substantial and continuing change in circumstances, including but not limited to an increase or decrease of at least ten percent (10 %) in the child-support amount when recalculated under the Guidelines, or the passage of three (3) years since entry of the Current Order.
1.5 “Payor” means the parent obligated to pay child support under the Modified Order.
1.6 “Payee” means the parent entitled to receive child-support payments under the Modified Order.
1.7 “Modified Order” means the child-support order requested herein.
2. JURISDICTION AND VENUE
2.1 This Court has continuing, exclusive jurisdiction over child-support matters in this case pursuant to applicable Kansas law.
2.2 Venue is proper in [COUNTY] County because the Child(ren) reside(s) in, and/or the original decree was entered by, this Court.
3. PROCEDURAL HISTORY
3.1 The parties’ marriage/parentage action was finalized on [DECREE DATE] by Decree of Divorce/Parentage (the “Decree”).
3.2 The Decree incorporated the Current Order. No subsequent modifications have been entered.
3.3 All required domestic-relations affidavits and child-support worksheets were filed contemporaneously with the Decree and are updated and re-filed herewith.
4. MATERIAL CHANGE IN CIRCUMSTANCES
4.1 Since entry of the Current Order, the following Material Changes have occurred:
a. [EXAMPLE: Payor’s gross monthly income decreased from \$X to \$Y due to job loss on MM/DD/YYYY].
b. [EXAMPLE: Child 1 has reached age 6, triggering a change in the Guidelines age category].
c. [EXAMPLE: Child-care costs have increased/decreased by \$Z per month].
4.2 A recalculation under the Guidelines attached hereto as Exhibit A (Kansas Child Support Worksheet) reflects a change greater than ten percent (10 %) from the Current Order, satisfying the statutory threshold for modification.
5. REQUESTED RECALCULATION OF CHILD SUPPORT
5.1 Petitioner requests that the Court adopt the Guidelines calculation attached as Exhibit A and set the Modified Order at \$[NEW MONTHLY SUPPORT] per month, payable on the [1st/15th] day of each month, commencing [MM/DD/YYYY].
5.2 All future computations, including cost-of-living or statutory adjustments, shall be made in accordance with the Guidelines then in effect.
[// GUIDANCE: If the parties agree to deviate from the calculated amount, insert a “Good Cause Deviation” subsection detailing the specific reasons and affirmatively stating that the deviation is in the Child(ren)’s best interests.]
6. MEDICAL SUPPORT & HEALTH-CARE COVERAGE
6.1 Pursuant to the Guidelines, [PARENT NAME] shall maintain comprehensive health-care coverage for the Child(ren).
6.2 Unreimbursed medical, dental, orthodontic, psychological, vision, and prescription expenses shall be allocated [PERCENTAGE %] to Petitioner / [PERCENTAGE %] to Respondent, subject to the annual exchange of IRS Form 1040 Schedule A or equivalent proof of expenses.
6.3 Each parent shall provide the other with the insurance identification card(s) and all necessary claim forms within ten (10) days of the entry of the Modified Order.
7. INCOME WITHHOLDING (WAGE GARNISHMENT)
7.1 An Income Withholding Order (“IWO”) consistent with 15 U.S.C. § 1673(b) shall issue simultaneously with the Modified Order, directing Payor’s employer to withhold child-support payments not to exceed the statutory garnishment limits.
7.2 Payor shall inform the Clerk of the Court and Payee in writing within seven (7) days of any change in employment, including employer name, address, and payroll contact information.
7.3 In the event of self-employment, Payor shall make payments by automatic bank draft or other electronic funds transfer acceptable to the Kansas Payment Center.
8. RETROACTIVITY, CREDITS & ARREARAGE MANAGEMENT
8.1 Petitioner respectfully requests that the Modified Order be made retroactive to the first day of the month following service of this Petition on Respondent, subject to the Court’s discretion.
8.2 Any over-payments or under-payments resulting from retroactivity shall be credited or debited at the rate of [PERCENTAGE %] of the monthly support amount until satisfied, without accruing statutory interest unless in arrears more than thirty (30) days.
8.3 All arrearages shall be subject to automatic income withholding in the same manner as current support.
9. PRAYER FOR RELIEF
WHEREFORE, Petitioner respectfully requests that this Court:
a. Find that a Material Change in Circumstances exists;
b. Adopt the attached Kansas Child Support Worksheet and enter the Modified Order in the amount of \$[NEW MONTHLY SUPPORT] per month;
c. Issue an Income Withholding Order consistent with Section 7 above;
d. Allocate medical support responsibilities per Section 6 above;
e. Order that the Modified Order be retroactive as requested in Section 8, or as otherwise determined equitable by the Court;
f. Grant such further relief as the Court deems just and proper.
10. VERIFICATION & AFFIDAVIT
I, [PETITIONER NAME], being of lawful age, state under penalty of perjury that I have read the foregoing Verified Petition to Modify Child Support, know the contents thereof, and that the statements contained herein are true and correct to the best of my knowledge, information, and belief.
[PETITIONER NAME]
Date: [MM/DD/YYYY]
STATE OF KANSAS )
) ss
COUNTY OF [COUNTY])
Subscribed and sworn to before me this ___ day of ____, 20__, by [PETITIONER NAME].
Notary Public
My Commission Expires: ____
11. CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Petition (with all exhibits) was served upon:
• [RESPONDENT NAME] at [ADDRESS / E-SERVICE]
• [OPPOSING COUNSEL NAME] at [ADDRESS / E-SERVICE]
on this ___ day of ____, 20__, by [method of service].
[PETITIONER OR COUNSEL NAME]
[// GUIDANCE: Attach the following documents when filing—
• Exhibit A: Kansas Child Support Worksheet (signed)
• Domestic Relations Affidavit (updated)
• Proposed Income Withholding Order
• Order to Appear (if hearing required)
• Any agreed-upon Parenting Plan revisions, if applicable]