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, K.S.A. § 23-3005 is the provision that governs the modification of child support that was ordered by the court. It reads:“(a) Subject to the provisions of K.S.A. 23-36,207, and amendments thereto, the court may modify any prior child support order, including any order issued in a title IV-D case, within three years of the date of the original order or a modification order, when a material change in circumstances is shown, irrespective of the present domicile of the child or the parents. If more than three years has passed since the date of the original order or modification order, a material change in circumstance need not be shown.
(b) The court may make a modification of child support retroactive to the first day of the month following the filing of the motion to modify. Any increase in support ordered effective prior to the date the court's judgment is filed shall not become a lien on real property pursuant to K.S.A. 60-2202, and amendments thereto, until the date of the order.”
In the case at hand, there is a substantial change in the circumstances from when the order of child support was granted. The person who was ordered to pay the child support may show these changes in circumstances and apply for modification in the child support order per § 23-3005 quoted above.
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.
