How Does a Child’s Disability Impact Child Support Payments in Kansas?

Child support is a legal obligation designed to make sure that both parents contribute to their children's financial needs, regardless of their relationship status or living arrangements. 

However, when a child has a disability, additional considerations come into play that can significantly affect the calculation, enforcement, and modification of child support payments. 

Based in Kansas City, Kansas, Joseph A. DeWoskin, P.C., represents clients in Kansas and Missouri in family law matters, including divorce, child custody, and child support. Attorney DeWoskin follows the Golden Rule: treating clients with respect, congeniality, and prompt, efficient service. The firm serves families and communities in Kansas, including Kansas City, Johnson County, Leavenworth County, and Wyandotte County, as well as Missouri, including Jackson, Cass County, Clay County, and Platte County.

He is here to help you understand the impact of a child’s disability on child support in Kansas, covering laws, financial adjustments, and practical implications for parents.

Kansas Child Support Guidelines

Kansas uses the Kansas Child Support Guidelines to determine child support obligations. These guidelines, administered by the Kansas courts, provide a structure to calculate payments based on the parents’ adjusted gross incomes, parenting time arrangements, and the child’s needs. 

The guidelines aim to make sure that children maintain a standard of living consistent with what they would have experienced if the parents had remained together. The Income Shares Model assumes that both parents contribute proportionally to their income, with the custodial parent’s contribution often assumed to be met through direct care and expenses like housing and food.

The guidelines include provisions for adjusting child support calculations to account for extraordinary expenses, such as those associated with a child’s disability. 

These adjustments recognize that children with disabilities may require additional financial support for medical care, specialized education, therapy, or adaptive equipment, which can significantly increase the cost of raising the child.

Defining Disability in the Context of Child Support

For the purposes of child support, a disability is generally understood as a physical or mental impairment that substantially limits one or more major life activities, such as walking, seeing, hearing, learning, or communicating. 

In Kansas, the courts don’t provide a specific definition of disability within the child support guidelines but rely on federal and state definitions, such as those under the Americans with Disabilities Act (ADA) or Social Security Administration (SSA) criteria, to determine eligibility for benefits like Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).

A child’s disability may necessitate ongoing medical treatment, assistive devices (e.g., wheelchairs or hearing aids), specialized education plans (e.g., Individualized Education Programs or IEPs), or in-home care, all of which can increase financial burdens. Kansas courts consider these costs when calculating child support to make sure that the child’s needs are met.

Impact of a Child’s Disability on Child Support Calculations

Child support calculations for a child with a disability involve multiple factors, carefully considered to provide fair and sufficient support.

Extraordinary Medical and Care Expenses

One of the most direct ways a child’s disability impacts child support in Kansas is through the inclusion of extraordinary medical expenses and special needs costs in the child support worksheet. 

Unlike general child-rearing costs, which are covered by the basic child support obligation, expenses related to a child’s disability are treated as additional costs that may justify an upward adjustment in support payments. These expenses can include:

• Medical and dental care: Costs for doctor visits, medications, surgeries, or therapies (e.g., physical, occupational, or speech therapy) not covered by insurance.

• Health insurance premiums: The cost of maintaining health insurance for the child, including any additional premiums required to cover disability-related treatments.

• Assistive devices: Equipment such as wheelchairs, communication devices, or prosthetics.

• Specialized education or training: Costs associated with special education programs, tutoring, or vocational training tailored to the child’s needs.

• Transportation: Expenses for modified vehicles or travel to medical appointments.

• Childcare costs: Additional childcare expenses incurred due to the child’s disability, such as hiring specialized caregivers.

The Kansas Child Support Guidelines allow these costs to be added to the basic child support obligation. For example, if a child requires ongoing therapy costing $500 per month, this amount may be factored into the worksheet, increasing the noncustodial parent’s payment obligation. 

The custodial parent’s share of these expenses is often assumed to be met through direct payments for care. Still, the noncustodial parent may be required to contribute proportionally based on their income.

Childcare Costs as a Mandatory Deduction

Kansas treats childcare costs as a mandatory deduction in the child support calculation process. If a child’s disability requires specialized childcare (e.g., a caregiver trained to handle medical equipment or behavioral challenges), these costs are considered separately from general child-rearing expenses. 

If the noncustodial parent pays for childcare, their portion of these costs is deducted from their monthly child support payment. Conversely, if the custodial parent covers childcare, the noncustodial parent must pay their share in addition to the basic support amount. This makes sure that the financial burden of disability-related childcare is equitably distributed.

Adjustments for Parenting Time

The amount of time each parent spends with the child can also affect child support calculations. In Kansas, if the noncustodial parent has significant parenting time (e.g., more than 35% of the time), they may receive a parenting time adjustment that reduces their child support obligation. 

However, for a child with a disability, the court may limit this adjustment if the disability requires the custodial parent to bear a disproportionate share of care-related responsibilities, such as administering medications or attending medical appointments. 

In cases of shared custody, parents may use a shared expense formula, where direct expenses (e.g., medical or educational costs) are split, but this requires agreement and court approval.

Impact of Disability Benefits

A child’s disability may qualify them for federal benefits, such as SSDI or SSI, which can influence child support calculations. The treatment of these benefits in Kansas is nuanced and depends on the source of the benefits:

• Social security disability insurance (SSDI): If a child receives SSDI benefits due to a parent’s disability or work history, these payments may be credited against the paying parent’s child support obligation. For example, if the noncustodial parent is disabled and their child receives $1,000 per month in SSDI dependent benefits, this amount may fully or partially satisfy the parent’s support obligation for that month. However, any excess benefits (above the support amount) are considered gratuity and don’t carry over to future months. Additionally, SSDI benefits are counted as income when calculating the parent’s ability to pay support.

• Supplemental security income (SSI): SSI is a needs-based program for individuals with limited income and assets. In Kansas, SSI received by a child isn’t typically counted as income for either parent in the child support calculation. However, if the child’s SSI benefits exceed the court-ordered support amount, the paying parent’s obligation may be deemed satisfied for that month, with no credit for future payments. This makes sure that the child’s basic needs are met without penalizing the custodial parent for receiving public assistance.

Extended Child Support for Adult Children with Disabilities

In Kansas, child support typically terminates when a child reaches 18 or graduates high school (by June 30 of the school year in which they turn 18). However, for children with disabilities, courts may extend support beyond this age if the child remains dependent due to their condition. 

Kansas law allows courts to order continued support for an adult child who is unable to support themselves due to a disability, particularly if the disability prevents emancipation (i.e., the ability to live independently).

Courts applying the emancipation rationale may determine that a child’s disability renders them incapable of self-support, effectively extending the parental support obligation. 

For example, if an 18-year-old child with a severe developmental disability requires ongoing care, the court may order continued child support payments until the condition changes or another arrangement (e.g., guardianship or public benefits) is established. 

This isn’t automatic and typically requires a court motion to extend the support order, supported by evidence of the child’s ongoing dependency.

Modifications Due to a Child’s Disability

Child support orders in Kansas aren’t static and can be modified if there is a material change in circumstances. A child’s disability, whether diagnosed at the time of the initial order or later, can constitute such a change. Examples of material changes include:

• New or worsening disability: If a child is diagnosed with a disability or their condition worsens, requiring additional expenses (e.g., new therapies or equipment), either parent may request a modification to increase the support amount.

• Change in parental income: If a parent’s income changes significantly, such as from job loss or disability, the court may modify the support obligation. For example, if the noncustodial parent becomes disabled and begins receiving SSDI, their reduced income could lower their support payments, while the child’s SSDI benefits may help bridge the gap.

• Changes in custodial arrangements: If the child’s disability affects parenting time (e.g., requiring more time with a specialized caregiver), the court may adjust support to reflect the custodial parent’s increased responsibilities.

To request a modification, a parent must file a motion with the court, typically accompanied by a filing fee (e.g., $42 as of 2013). If the request is made within three years of the original order, the parent must demonstrate a material change. 

After three years, the court may review the order without requiring proof of a change, but disability-related expenses often necessitate immediate review.

Contact a Family Law Attorney

A child’s disability significantly impacts child support payments by increasing financial obligations, extending support beyond age 18, and introducing complications related to federal benefits like SSDI and SSI. Joseph A. DeWoskin, P.C., can help with this process. The firm serves Kansas City, Johnson County, Leavenworth County, and Wyandotte County in the state of Kansas, and Jackson County, Cass County, Clay County, and Platte County in the state of Missouri. Call today to resolve your family law issues.