Can I modify my child support order in Kansas after my ex-wife remarried?

Full question:

The court had ordered me to pay $120 every week, as child support, 2 years ago when I divorced my wife. Now I heard that she is married to a businessman and he has adopted our child. Can I file for a modification of the child support order in Kansas?

  • Category: Divorce
  • Subcategory: Child Support
  • Date:
  • State: Kansas

Answer:

In Kansas, you can modify a child support order under K.S.A. § 23-3005. The court may change any child support order if there is a material change in circumstances. This applies within three years of the original order or a modification. After three years, you don’t need to show a material change to request a modification.

In your case, your ex-wife's remarriage and her new husband's adoption of your child likely qualify as a substantial change in circumstances. You can file for a modification of the child support order based on this change.

Any modification can be made retroactive to the first day of the month after you file your motion.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Kansas, child support calculations typically focus on the income of the biological parents. However, if your ex-wife believes your new wife's income affects your ability to pay child support, she may try to include it in her arguments. Generally, a stepparent's income is not directly used to determine child support obligations, but it can be considered in some circumstances. It's best to consult with a legal professional for specific advice based on your situation. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*