Legal Question in Family Law in Kansas

child support

I am ordered to pay $325 a month in child support. I am authorized to have custody of my daughter 3 months of the year. My child support is automatically taken from my pay without me ever seeing it. I have custody of my daughter for the next 3 months, starting feb 22 2004 ending may 21 2004. Since my support is deducted automatically, my question is am i still obligated to pay the support while I have custody of her? Is she obligated to either give me the child support back, or at least part of it? Because she seems to think its exwife support, not child support. Thanks, Jim


Asked on 3/16/04, 10:10 pm

3 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: child support

The amount of time the child is with you should have been factored into the child support equation at the time the court determined the amount of support to be paid. Thus the support would not terminate when the child is with you unless this is stated in the court order.

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Answered on 3/17/04, 2:32 am
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: child support

In a general sense, support is usually calculated on a monthly basis over 12 months per year, based upon various factors including the time share, which is where the non custodial parent gets credit for their periods of physical custody.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 3/17/04, 10:31 am
Damian Nolan Law Offices of Damian M. Nolan

Re: child support

It is more likely than not that your support was calculated based upon your timeshare with the child over a 12 month period. Absent further information to the contrary, it is probable that your support should remain as it is for the entire 12 month period and you are not entitled to stop payment or receive reimbursement from the mother.

If your judgment states something different, then you need to file for a modification with the court.

Regards, Damian Nolan

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Answered on 3/17/04, 12:14 pm


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